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Home My WebLink About2003-02-11 Item Packet Pickup MEETING DATE: February 11, 2003 City Council / / ** TX CONF [, iON REPORT ** AS OF FEB 12 '03 07: 4. .~AGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDI1 STATUS 01 02/12 07:05 3810160 EC--S 02' 17" 00<1 073 OK 02 02/12 07:08 PUBLIC WORKS UF--S 01'07" 00<1 073 OK 03 02/12 07:09 120B<166<1<105 EC--S 01' 22" 00<1 073 OK 0<1 02/1207:11 8841159 EC--5 1211'21" 00<1 12173 OK 05 02/1207:132088840744 EC--S 01'213" I3e4 1373 OK 06 132/12137:152088467366 EC--S 131'21" I3e4 073 OK 07 02/1207:178985501 EC--S 01'20" 004 073 OK 08 02/1207:19 LIBRARY EC--S 01'<15" 004 073 OK 09 02/12 07:21 92083776449 EC--S 01' 19" (l04 073 OK 10 02/12 07:23 208 388 6924 EC--S 01' 45" (l04 073 OK 11 02/12 07:25 2088886854 EC--S 01'19" 01)4 073 OK 12 02/12 07:27 8950390 EC--S 01'19" I3e4 073 OK 13 02/12 07:29 208 387 6393 EC--S 01' 20" 004 073 OK 14 02/12 07:31 ADA CTY DEVELMT G3--S 02'20" 004 073 OK 15 02/12 07:33 CHERRY LANE EC--S 01'46" eleI4 073 OK 16 02/12 el7:36 POST OFFICE EC--5 1212'22" 0e14 073 OK 17 elZ/12 07:39 208 888 1983 G3--S 01'47" 004 073 OK 18 02/12 07:41 ID PRESS TRIBUNE EC--S 01'20" 004 073 OK 19 e2/12 07: 43 200 888 6760 EC--S 01' 19" 004 073 OK -------------------------------------------------------~-------------------------------~---- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday. February 11, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ){ Bill Nary -X- Cherie ~andless =zz= Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: ~y;e It-i';"" ~(c> /:J.ehr< If...c,.". iI f- 3. Consent Agenda: !)- C. ?- D. 5- E. A. Approve minutes of January 21, 2003 City Council Regular Meeting: t:<j7rolre- Approve minutes of January 28, 2003 City Council Regular Meeting: ~v<- Tabled from February 4, 2003: Findings of Fact and Conclusions of law for Approval: p.z 02-024 Request for annexation and zoning of 15.4 acres from RUT to R-8 zones for proposed Cobblefield Crossina Subdivision by CMD, Inc. - 4450 North Linder Road: ~rr>v~ Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: PP 02-022 Request for Preliminary Plat approval of 73 building Jots and 15 other lots on 15.4 acres in a proposed R-8 zone for proposad Cobblefjeld Crossin!:! Subdivision by CMD, Inc. - 4450 North Linder Road: <v~Vle <<J" a/'n.en.&U(!(.,. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02-032 Request for a Conditional Use Permit for a PUD for 64 single-family detached homes, 8 I:) single-family attached homes and 1 single-family existing home on 15.4 acres in a proposed R.B zone for proposed CobbJefield Crossin!:! Subdivision by CMD, Inc. - 4450 North Linder Road: apj'Vl-C? v:e &ld am eh-uC.e. d...- B. Mcridill1l CnyCounei:l ^BoI'D~ . F.e.b1w1y 11. 200) p~ 1 of4 An ma.rc~...l, Jl'f1l!lqrJttd, ott public moct~~ wll bt;-r;QI11I1;! propfJ'ly oJ'lJic- City oIMt:ridin.n. AnyQno c\.t;s:irinB AccurntnC'd~tj(lE) {I]fdi~billtitti rcll.tcd to doeutnC.ldm andf-orhea.ring pleu.e :i:OtlE::lc:t lht City Clerk's OffiCD.l\t SS8--44!J a.lltll~ 48 h01U1I ~or to the P\lbli~ meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 11, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x )( , Tammy de Weerd ~ Cherie McCandless () )( Mayor Robert Corrie 2. Adoption of the Agenda: fi1..-iJVle /t-eh..- Hlo ~.e /kn..- 1:1 4- Bill Nary Keith Bird 3. Consent Agenda: 5'- C. '5- D. 5- E. A. Approve minutes of January 21, 2003 City Council Regular Meeting: ~7'01I'e..- Approve minutes of January 28, 2003 City Council Regular Meeting: ~ve.. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: AZ. 02-024 Request for annexation and zoning of 15.4 acres from RUT to R-8 zones for proposed Cobblefield Crossino Subdivision by CMD, Inc. - 4450 North Linder Road: ~ rPvt- Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: PP 02-022 Request for Preliminary Plat approval of 73 building lots and 15 other lots on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossino Subdivision by CMD, Inc. - 4450 North Linder Road: 4/~v.e. a.r a Ir<.e t'LcCe. a:...-. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02-032 Request for a Conditional Use Permit for a PUD for 64 single-family detached homes, 8 e single-family attached homes and 1 single-family existing home on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossino Subdivision by CMD, Inc. - 4450 North Linder Road: ~19V<e ari /linCh-cUe(..., B. Meridian City Council Agenda - February 11, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: CUP 02-043 Request for a Conditional Use Permit for a Planned Development for drive-thru facilities on pre-approved bank in a C-C zone on 0.89 acres for Albertson's Employees' Federal Credit Union by Albertson's Employees' Federal Credit Union - south of East Overland Road and east of South Eagle Road: ~fI'1.R- G. Findings of Fact and Conclusions of Law for Approval: CUP 02-042 Request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Under CrossinQ retail center by Stubblefield Development Company - southeast corner of West Cherry Lane and North Linder Road: appPV'e.. H. Findings of Fact and Conclusions of Law for Approval: CUP 02-044 Request for a Conditional Use Permit for a sports bar and grill in a C-G zone for MUQQsy'S Bar & Grill by Michael McGuinness - south of East Fairview Avenue, east of North Locust Grove Road on East Wilson Lane: ~v'-<-- I. Findings of Fact and Conclusions of Law for Approval: AZ 02- 026 Request for annexation and zoning of 35.94 acres from RUT to R-8 zones for proposed Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: ~~ J. Findings of Fact and Conclusions of Law for Approval: PP 02- 025 Request for Preliminary Plat approval of 119 building lots and 12 other lots on 35.94 acres in a proposed R-8 zone for proposed Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: tVff~V"<- K. Findings of Fact and Conclusions of Law for Approval: VAR 03-001 Request for a Variance to allow two block lengths to exceed the one thousand foot maximum block length for proposed Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: ~V'<.- L. Baldwin Park Subdivision Water Latecomer Agreement: ',,?profll.e:.- M. Revised Silverstone Subdivision Water and Sewer Latecomer Agreement: ~ Vl..e.- N. Heritage Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement: &fPt"'Ov..e- Meridian City Council Agenda - February 11, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to docu ments and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. O. License Agreement with Nampa & Meridian Irrigation District- Five.Mile Creek Sewer Crossing: dfPrl!JV~ P. Water Main Easement, Linder Road Middle School - Joint School District No. 2: ~v-.€- Q. Sewer Main Easement, Linder Road Middle School - Joint School District No. 2: t:lf71JrlH"l~ R. Sewer Main Easement, Linder Road Middle School - Joint School District No.2: POP)Jr'r9Vle.- S. 4. Agreement for Professional Services with HDR Engineering for Safety Audit of Meridian Facilities: appro~ Department Reports: ;3 - +-. F/re ~ #ovW -e. /Ju;;~;.I~ ~vo.e f.o frI-oVl-(......- 13-1- R~ ..r-/7vhb?-- #3 tfpdak A. Mayor's Office: 5. 1. Reappointments to Planning and Zoning Commission: - Jerry Centers, sixwyear term to 2009 t<1JptJv.e.. 'A~,- David Zaremba, six~year term to 2009 ~v~ 13. A Y"'e- /r:JC-f' b. (Items Moved from Consent Agenda) (?/ ~I F Tabled from February 4, 2003: Ordinance No. tJ 3 - I tJ tJ 6 Amendment to Meridian City Code 11 ~2w2, Definitions of the Zonina Regulations: q"l'J'rl'Q V~ Ordinance No. 03 --I OtJ 7 : Amendment to Meridian City Code 11w15w5, Postina ReQuirements: 4f(h7Pv~ Ordinance No. tJ.3 -( tJ {) 8 RZ 02w007 Request for a Rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: 4/~ve. Ordinance No. {) $- (0&1 RZ 02~006 Request for a Rezone of 0.85 acres from I-L to 0- T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: ~V"..-L FP 03~003 Request for Final Plat approval of 19 building lots and 2 other lots on 6.5 acres in an R-4 zone for Salmon Rapids No.5 by Brahma, LLC - north of Victory Road and west of Locust Grove Road: a-~V'~ 6. 7. 8. 9. 10. Meridian City Council Agenda - February 11, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. 12. 13. 14. 15. 16. FP 03-004 Request for Final Plat approval of 39 building lots and 10 other lots on 7.3.0 acres in an R-8 zone for Tullv Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: ~oV'~ Public Hearing: CUP 02-046 Request for a Conditional Use Permit for a bus facility in an I-L zone for Joint School District No.2 by Joint School District NO.2 - 2170 West Franklin Road: ptf-'hr~:f -Iv /retC(/1..{ -/'/~'; el.-t ./trra-rpovd Public Hearing: VAR 02-015 Request for a Variance to extend future access streets beyond 450 foot cul-de-sac length to approximately 755 feet for Joint School District No.2 by Joint School District NO.2 - 2170 West Frank~in Road: /'/.. . ~~ . ~ a~h-€-!f .ft; f/YejJtfA..e. Y'/~ # cl..f T"rNF~ Public Hearing: AZ. 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-Q zones for proposed Cedar Sprinos North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: C (;7rv 7'?Y1 IA.I!.. ~ /.If.." -I"v re6, ZS-'dt.. Public Hearing: PP 02~027 Request for Preliminary Plat approval of 197 building lots and 33 other lots on 81.54 acres in proposed R-8 and L-Q zones for proposed Cedar Sprinos North Subdivision by Howell- Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: ~. c~ C~1A...0 fJ / Ii-- .f.p / -.e b , 2-;:;> - Public Hearing: VAR 03-003 Request for a Variance to allow blocks 7, 9, and 13 to exceed 1,000 foot maximum block length for Cedar Sprinos North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: cern-nh.~ /JIlt.. Iv fi6,25'-tZ- Meridian City Council Agenda - Febroary 11, 2003 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. February 28; 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 4, 2003 ITEM NO. -?_~ Je- REQUEST Approve minutes of February 11, 2003 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: r;~ curf Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday~ February 11 ~ 2003 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: x X Tammy de Weerd X Cherie McCandless 0 X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Move Item #10 before Item #4 3. Consent Agenda: A. Approve minutes of January 21 ~ 2003 City Council Regular Meeting: Approve B. Approve minutes of January 28, 2003 City Council Regular Meeting: Approve 5-C. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 02~024 Request for annexation and zoning of 15.4 acres from RUT to R-8 zones for proposed Cobblefield CrossinQ Subdivision by CMD, Inc. - 4450 North Linder Road: Approve 5-D. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: PP 02-022 Request for Preliminary Plat approval of 73 building lots and 15 other lots on 15.4 acres in a proposed R-8 zone for proposed Cobblefield CrossinQ Subdivision by CMD, Inc. - 4450 North Linder Road: Approve as Amended 5-E. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02~032 Request for a Conditional Use Permit for a PUD for 64 single-family detached homes, 8 9 single-family attached homes and 1 single-family existing home on 15.4 acres in a proposed R-8 zone for proposed Cobblefield CrossinQ Subdivision by CMD, Inc. - 4450 North Linder Road: Approve as Amended Meridian City Council Agenda - February 11,2003 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: CUP 02-043 Request for a Conditional Use Permit for a Planned Development for drive-thru facilities on pre-approved bank in a C-C zone on 0.89 acres for Albertson's Employees' Federal Credit Union by Albertson's Employees' Federal Credit Union - south of East Overland Road and east of South Eagle Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 02-042 Request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder CrossinQ retail center by Stubblefield Development Company - southeast corner of West Cherry Lane and North Linder Road: Approve H. Findings of Fact and Conclusions of Law for Approval: CUP 02-044 Request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Mu~msy's Bar & Grill by Michael McGuinness - south of East Fairview Avenue, east of North Locust Grove Road on East Wilson Lane: Approve I. Findings of Fact and Conclusions of Law for Approval: AZ 02- 026 Request for annexation and zoning of 35.94 acres from RUT to R-8 zones for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Approve J. Findings of Fact and Conclusions of Law for Approval: PP 02- 025 Request for Preliminary Plat approval of 119 building lots and 12 other lots on 35,94 acres in a proposed R-8 zone for proposed Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Approve K. Findings of Fact and Conclusions of Law for Approval: VAR 03-001 Request for a Variance to allow two block lengths to exceed the one thousand foot maximum block length for proposed Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Approve L. Baldwin Park Subdivision Water Latecomer Agreement: Approve M. Revised Silverstone Subdivision Water and Sewer Latecomer Agreement: Approve N. Heritage Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement: Approve Meridian City Council Agenda - February 11,2003 Page 2 of 4 All materials presented at public meetings shall bccome property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( O. License Agreement with Nampa & Meridian Irrigation District - Five Mile Creek Sewer Crossing: Approve P. Water Main Easement, Linder Road Middle School - Joint School District No.2: Approve Q. Sewer Main Easement, Linder Road Middle School - Joint School District No.2: Approve R. Sewer Main Easement, Linder Road Middle School - Joint School District No.2: Approve S. Agreement for Professional Services with HDR Engineering for Safety Audit of Meridian Facilities: Approve 4. Department Reports: A. Mayor's Office: 1. Reappointments to Planning and Zoning Commission: - Jerry Centers, six-year term to 2009: Approve - David Zaremba, six-year term to 2009: Approve B. Fire Department: 1. Fire Station #3 Update 2. Fire Safe House Mobile Home: Approve to move 5. (Items Moved from Consent Agenda) C, D, F 6. Tabled from February 4, 2003: Ordinance No. 03-1006 Amendment to Meridian City Code 11-2-2, Definitions of the Zoning Regulations: Approve 7. Ordinance No. 03-1007 : Amendment to Meridian City Code 11-15-5, Posting ReQui rements: Approve 8. Ordinance No. 03-1008 : RZ 02-007 Request for a Rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: Approve 9. Ordinance No. 03-1009 : RZ 02-006 Request for a Rezone of 0.85 acres from I-L to 0- T zones for Meridian Head Start by Friends of Meridian City Council Agenda - February 1 1,2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Ortice at 888.4433 at least 48 hours prior to the public meeting. Children and Families, Inc. - 321 and 333 West Broadway Avenue: Approve - 10. FP 03-003 Request for Final Plat approval of 19 building lots and 2 other lots on 6.5 acres in an R-4 zone for Salmon Rapids No.5 by Brahma, LLC - north of Victory Road and west of Locust Grove Road: Approve 11. FP 03-004 Request for Final Plat approval of 39 building lots and 10 other lots on 7.30 acres in an R-8 zone for Tullv Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: Approve 12. Public Hearing: CUP 02-046 Request for a Conditional Use Permit for a bus facility in an I-L zone for Joint School District No.2 by Joint School District No.2 - 2170 West Franklin Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: V AR 02-015 Request for a Variance to extend future access streets beyond 450 foot cul-de-sac length to approximately 755 feet for Joint School District No.2 by Joint School District NO.2 - 2170 West Franklin Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Sprinqs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Continue Public Hearing to February 25, 2003 Meeting 15. Public Hearing: PP 02-027 Request for Preliminary Plat approval of 197 building lots and 33 other lots on 81.54 acres in proposed R-8 and L-Q zones for proposed Cedar Sprinqs North Subdivision by Howell- Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Continue Public Hearing to February 25, 2003 Meeting 16. Public Hearing: V AR 03-003 Request for a Variance to allow blocks 7, 9, and 13 to exceed 1,000 foot maximum block length for Cedar Sprinqs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Continue Public Hearing to February 25, 2003 Meeting Meridian City Council Agenda - February 11,2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 11 , 2003 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, February 11,2003, by Mayor Robert Corrie. Members Present: William Nary, Tammy de Weerd, and Cherie McCandless. Member Absent: Keith Bird. Others Present: William Nichols, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken Bowers, Mike Worley, Dean Willis, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the City Council Regular Meeting, Tuesday, February ii, 2003, at 7:00 and would like to have the City Clerk give us the roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Okay. Item Number 2 is adoption of the agenda. Council, are there any additions or corrections to the agenda? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: We got a request from the developer on Item 10, so I'd request that we move Item 10 up to Item 4 before the Department Reports, the Final Plat approval for Salmon Rapids No.5, and I think other than that I don't think there was anything else to change. Corrie: Okay. Anyothers? All right. Nary: If there are no objections I would move to adopt the agenda as printed, with the one amendment. McCandless: Second. Corrie: Motion has been made and seconded to adopt the agenda with the one amendment. Is there any further discussion? Hearing none, all in favor say aye. All ayes. Motion carried. Meridian City Council Meeting February 11 , 2003 Page 2 of 45 MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of January 21, 2003 City Council Regular Meeting: B. Approve minutes of January 28, 2003 City Council Regular Meeting: F. Findings of Fact and Conclusions of Law for Approval: CUP 02-043 Request for a Conditional Use Permit for a Planned Development for drive-thru facilities on pre-approved bank in a C-C zone on 0.89 acres for Albertson's Employees' Federal Credit Union by Albertson's Employees' Federal Credit Union - south of East Overland Road and east of South Eagle Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 02-042 Request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder Crossing retail center by Stubblefield Development Company - southeast corner of West Cherry Lane and North Linder Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 02-044 Request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Muggsy'S Bar & Grill by Michael McGuinness - south of East Fairview Avenue, east of North Locust Grove Road on East Wilson Lane: I. Findings of Fact and Conclusions of Law for Approval: AZ 02- 026 Request for annexation and zoning of 35.94 acres from RUT to R-8 zones for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: J. Findings of Fact and Conclusions of Law for Approval: PP 02- 025 Request for Preliminary Plat approval of 119 building lots and 12 other lots on 35.94 acres in a proposed R-8 zone for proposed Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: K. Findings of Fact and Conclusions of Law for Approval: V AR 03-001 Request for a Variance to allow two block lengths to exceed the one thousand foot maximum block length for proposed Meridian City Council Meeting February 11, 2003 Page 3 of 45 Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: L. Baldwin Park Subdivision Water Latecomer Agreement: M. Revised Silverstone Subdivision Water and Sewer Latecomer Agreement: N. Heritage Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement: o. License Agreement with Nampa & Meridian Irrigation District- Five Mile Creek Sewer Crossing: P. Water Main EasementJ Linder Road Middle School - Joint School District No.2: Q. Sewer Main Easement, Linder Road Middle School - Joint School District No.2: R. Sewer Main Easement, Linder Road Middle School - Joint School District No.2: S. Agreement for Professional Services with HDR Engineering for Safety Audit of Meridian Facilities: Corrie: Item Number 3 is the Consent Agenda. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of the Consent Agenda, Items 3A through 38, with the Mayor to sign and the Clerk to attest to all the agreements as necessary. Hawkins-Clark: Excuse me, Mr. Mayor? Corrie: Yes, Brad. Hawkins-Clark: I'm sorry. We did have one modification -- Nary: Oh, I'm sorry. Hawkins-Clark: -- to 3D and 3E. If you recall, this was tabled from last meeting to this meeting, so I would request jf you will open to that, Councilman Nary, to move to Item Number 5. Meridian City Council Meeting February 11. 2003 Page 4 of 45 Nary: Mr. Mayor, I guess I had missed that. I do remember seeing something in there about that as well. Would C be as well? Shall we just do all three of those for publishing? Hawkins-Clark: That would be fine. Nary: Okay. Then, I would move that we move Items 3C, D, E down to be 5C, D, E and, then, again move to approve the Consent Agenda 3A and B and, then, F through S and for the Mayor to sign and the Clerk to attest to all of the agreements as necessary. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. FP 03-003 Request for Final Plat approval of 19 building lots and 2 other lots on 6.5 acres in an R-4 zone for Salmon Rapids No.5 by Brahma, LLC - north of Victory Road and west of Locust Grove Road: Corrie: Item Number 4 is the Department Reports, but we have an Item Number 10 to be in place of that one first. Item Number 10 is a request for Final Plat approval of 19 building lots and two other lots on 6.5 acres in an R-4 zone for Salmon Rapids No.5, north of Victory Road and West of Locust Grove Road. Staff comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This Final Plat is for 19 building lots, two other lots, on six and a half acres. The Preliminary Plat was approved a couple of months ago by the Council and staff did review the Final Plat. It is in conformance with the Preliminary Plat. Here on the screen is the proposed Final plat. They are reflecting the two common lots here in the very south -- southwest corner and they do have a common lot for landscaping just north of the cul-d-sac as well on Pine Bar Place. Staff has recommended conditions in our February 11th memo and I believe we do have a response in writing from Mrs. Bowcutt, the representative, and they are in agreement with our conditions. I think that's alii have to point out on that application. Corrie: Okay. Are there any questions from Council and staff? Okay. Is the developer representative here tonight? Do you have any -- everything is okay, then? All right. Let the record show that the representative from Salmon Rapids is in agreement with the city staff comments. Is there any further discussion, Council? Okay. I will entertain a motion on the Final Plat request. Meridian City Council Meeting February 11, 2003 Page 5 of 45 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Item Number 4, FP 03-003, the request for Final Plat approval of 19 building lots and two other lots on 6.5 acres in an R-4 zone for Salmon Rapids No. 5 pursuant to the staff report and the comments as provided by the developer, dated February 11, 2003. For Counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. Corrie: Motion has been made. Is there a second? McCandless: Second. Corrie: Motion made and seconded on the approval of the Final Plat. [s there any further discussion? Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. All ayes. Motion to approve Final Plat is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: A. Mayor's Office: 1. Reappointments to Planning and Zoning Commission: - Jerry Centers, six-year term to 2009 - David Zaremba, six-year term to 2009 Corrie: Item Number 4 is Department Reports, the Mayor's Office. I would like to recommend to the City Council for the reappointment to the Planning and Zoning Commission two present members, Mr. Jerry Centers for a six-year term for the year 2009 and David Zaremba, to continue a six-year term to 2009. Any discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I served on the Planning and Zoning Commission with Mr. Centers and I have seen both his work there and since and Mr. Zaremba, I think these are excellent candidates to continue. I'm glad they are willing to continue service. I think it's an excellent choice for the city. Meridian City Council Meeting February 11 , 2003 Page 6 of 45 Corrie: Any other comments? De Weerd: Well, I agree. Corrie: Okay. Then, I'll entertain a motion to accept the reappointments of Jerry Centers and David Zaremba to the Planning and Zoning Commission. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: [move we approve the reappointment of Jerry Centers and David Zaremba to a six year term to 2009 for the Planning and Zoning Commission. Nary: Second. Corrie: Okay. Motion has been made and seconded to the reappointment of the Planning and Zoning Commission Jerry Centers and Dave Zaremba for a six-year term. Is there any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We have two other -- Parks Commission and the Traffic Safety Committee, are those at some point going to be items in the near future? Corrie: I hope that we will have them next Tuesday. I have got the Parks Commission final coming into my office and we are still having a little trouble with the traffic, who wants to do it, so -- but I hope we can have that by Tuesday, too. That would be in two weeks. Anybody out there like to sit on the Traffic Commission, I would be more than happy to talk to you tomorrow. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. B. Fire Department update. De Weerd: Just one more thing under the department reports. I know, generally, you ask staff if they have anything. The Fire Department has an item that they would like to address. Meridian City Council Meeting February 11 . 2003 Page 7 of 45 Corrie: Okay. Bowers: Mayor Corrie and City Council Members, I thought I'd bring you up to speed a little bit on our Fire Station Number 3 on North Locust Grove. If you have drove by there, we have burned the house and it's completely gone now at this time. We will start cleaning up the area, getting the old foundations, the old rock hauled off, the old concrete hauled off. I met with Ada County Highway District on Friday on our two entrances and exits into our property and they denied the two exits and entrances into our property, which we realized that that's what would happen. We knew that, but they have put us on the Consent Agenda with a favorable mark for the 19th at noon to meet with the Ada County Board, so we will be discussing that, possibly, if they take us off the Consent Agenda. I'm not sure, but it sounds like it's going to go pretty good on that part. Also, I have -- updated you a little bit on the safe -- fire safe house that we have. As you know, we'd like to move the re-manufactured home that's on there across the street east and north into the Meridian School District's property there where they are building the new schools. My question to you guys, if you feel that you could, if we could move that building over to the School District's property without our agreement or without a contract? Deputy Chief Silva and Wendell Bigham, which is in the audience tonight, has been working very hard to get that contract and agreement worked through and the School District does not feel that there would be a problem with us moving over -- moving the building over to the property. We would not put it on any foundation, we would still need approvals through Planning and Zoning, we would still need approvals through Daunt on the Building Permits before we would do anything, but if we run up to a scheduling problem with our new fire station, we need to get that building off the property. Basically, I'm just asking if you guys felt comfortable of us moving it over to the School District. I talked to Bill Nichols today, he didn't see a problem with it at this time, and, to my knowledge, the School District has not had a problem with it. Corrie: Wendell, is that okay. Okay. All right. Any other questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just for the record, Mr. Bigham was acknowledging that was okay, just so the record is clear. Corrie: My apologies. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, if Council wouldn't be opposed, we would like to move the trailer off the -- if it's necessary, off the property over to a temporary site before probably all the appropriate approvals or contracts are signed. I do want to say we have appreciated Meridian City Council Meeting February 11, 2003 Page 8 of 45 the partnership with the School District, they have been working with us very closely in accommodating of the safe house that will educate children to fire prevention and those kinds of things and as well as a big thanks to Brad Watson. I thank Steve in the Public Works, they have donated a lot of time in helping with the plans and the drainage and that sort of thing. Really, I appreciate that. Also Jamie Allen in the Water Department and Bill Allen, they have been very busy getting a lot of donated labor and materials that has really made this a great asset to the community at very low cost to the taxpayers and so appreciate the job you have all done. This is going to be a wonderful asset. Bowers: Thank you. Nary: So was that a motion to authorize, then, to go ahead and move it? De Weerd: So moved. Nary: Second. Corrie: Motion has been made and seconded to authorize the Fire Department to move the safe house trailer over to the school property before we have a contract set up. Is there any further discussion? McCandless: Just as needed. De Weerd: Thank you for wording that for me, Mr. Nary. Corrie: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Bowers: Thank you, Mayor, and Council. Corrie: Any other department reports at this time? Item 5. (Items Moved from Consent Agenda) C. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 02-024 Request for annexation and zoning of 15.4 acres from RUT to R-8 zones for proposed Cobblefield Crossin~ Subdivision by CMD, Inc. - 4450 North Linder Road: D. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: PP 02-022 Request for Preliminary Plat approval of 73 building lots and 15 other lots on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossin~ Subdivision by CMD, Inc. - 4450 North Linder Road: Meridian City Council Meeting February 11, 2003 Page 9 of 45 E. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02-032 Request for a Conditional Use Permit for a PUD for 64 single-family detached homes, 8 e single-family attached homes and 1 single-family existing home on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossinq Subdivision by CMD, Inc. - 4450 North Linder Road: Corrie: All right. Number 5 is items moved from the Consent Agenda. We have C, D, and E has been moved on the Cobblefield Crossing Subdivision. Hawkins-Clark: Yes. Thank you, Mayor. The Cobblefield Crossing findings for the Preliminary Plat and the Conditional Use Permit in the Section B, which is the Ada County Highway District conditions that are detailed out there. Number 7 in both the Preliminary Plat and Conditional Use Permit does refer to a -- dedicating a temporary stub street to the District. That was -- that was addressed by the provision of a new permanent stub street, so staff didn't catch that last week. We did review that this week, so that was why this item was tabled and just would recommend that that B7, which does occur in both the Preliminary Plat findings and the Conclusion and Order and the Conditional Use Permit, Findings and Conclusion and Order, be stricken, because that would bring it into conformance with the approved Preliminary Plat. Corrie: Okay. Any discussion? Okay. Then, we can take C first, the Findings of Facts and Conclusions of Law for approval on a request for annexation and zoning. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of AZ 02-024, the Findings of Facts and Conclusions of Law for approval on the request for annexation and zoning of 15.4 acres from RUT to an R-8 zone for the proposed Cobblefield Crossing Subdivision, pursuant to all staff comments and -- well, I guess for findings that are there. McCandless: Second. Corrie: Okay. Any other discussion? Okay. Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Item D is the approval for the request for Preliminary Plat. Meridian City Council Meeling February 11, 2003 Page 10 of 45 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of the Findings of Facts and Conclusions of Law for PP 02-022, the request for Preliminary Plat approval of 73 building lots and 15 other lots on 15.4 acres in a proposed R-8 zone for the proposed Cobblefield Crossing Subdivision, with an amendment to delete Item 2 -- or Item 07. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Number E. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Finally, I'd move the approval of Findings of Facts and Conclusions of Law of CUP 02-032, the request for Conditional Use Permit for a PUO for 64 single-family attached homes, eight single attached homes, and one single-family existing home on 15.4 acres in the proposed R-8 zone for proposed Cobblefield Crossing Subdivision, with the amendment to delete Item 07 and all the remaining items to be the same. McCandless: Second. Corrie: Okay. Motion has been made and seconded for the approval of the request for Conditional Use Permit with the removal of Item 7. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Tabled from February 4,2003: Ordinance No. Meridian City Council Meeting February 11, 2003 Page 11 of 45 Amendment to Meridian City Code 11-2-2, Definitions of the Zoning Regulations: Corrie: Item Number 6 is tabled from February 4, 2003. It's Ordinance Number 03- 1006. This was the amendment to the City Code 11-2-2, Definition of Zoning Regulations. At this time I would like to have, the City Clerk read Ordinance Number 03-1006 by title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1006, an Ordinance of the City of Meridian amending Section 2 of Chapter 2 of Title 11 of the Meridian City Code by the addition and/or deletion of language defining certain terms in the zoning regulation ordinance, providing validity, providing a savings clause, and providing an effective date. Corrie: You have heard the reading of Ordinance Number 03-1006 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, Council, any discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And maybe I'm mistaken. I thought my recollection when we discussed this previously is that all of these definitions were new or is this a different one because some are underlined and some aren't and I thought it was all new definitions. Nichols: Mr. Mayor, Members of the Council, what you had in front of you at the hearing were all of the new definitions or the ones that were changed. Nary: Oh. Okay. I got you. Nichols: And, then, that's why it took us so long to put this back together, because we had to insert those into the -- a range of definitions. Nary: I got it. Okay. I understand. Thank you. Corrie: Any further discussion? Hearing none, I will entertain a motion for the -- motion for Ordinance Number 03-1006. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 03-1006, Amendment to the Meridian City Code 11-2-2, Definitions of the Zoning Regulations and authorize the Mayor to sign, Clerk to attest, with suspension of the rules. Meridian City Council Meeting February 11, 2003 Page 12 of 45 Nary: Second. Corrie: Okay. Motion has been made and seconded for approval of Ordinance Number 03-1006, Zoning Regulations. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just to make it clear on the record, that this isn't in the title, but there is a summary attached and it is -- it is approved as well with it, so that it's clear that we approval them both. Corrie: Any other discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Ordinance No. : Amendment to Meridian City Code 11-15.5, Posting Requirements: Corrie: Item Number 7 is an Ordinance Number 03-1007. This is an amendment to the Meridian City Code 11-15-5, under Posting Requirements. Mr. Clerk, if you would read the ordinance by title only at this time. Berg: Thank you. Mr. Mayor, Members of the Council. Ordinance Number 03-1007, an Ordinance of the City of Meridian, Idaho, amending Section 5, Chapter 15, of Title 11, Procedures in the Zoning Regulations of the Meridian City Code and reacting Section 5, Chapter 15 of Title 11 to provide for new noticing and posting requirements and to provide for neighborhood meeting requirements and for re-Iettering Subsection B requirements of the Commission to become Subsection C and to delete language and add language providing for appeals, conflicts, validity, savings clause, and providing for an effective date. Corrie: Thank you. You have heard the reading of Ordinance Number 03-1007 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, Council, any discussion? Hearing none, I will entertain a motion on the request for Ordinance Number 03-1007. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. Meridian City Council Meeting February 11, 2003 Page 13 of 45 McCandless: I move that we approve Ordinance Number 03-1007, the amendment to Meridian City Code 11-15-5, posting requirements, and for the Mayor to sign and Clerk to attest and the suspension of rules. Nary: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Ordinance No. RZ 02-007 Request for a Rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: Corrie: Item 8. This is Ordinance Number 03-1008. This is a request for a rezone of 2.83 acres from R-4 to L-O zone for Meridian First Baptist Church by Meridian First Baptist Church, 428 and 506 West Pine Avenue. At this time, I would like the City Clerk to read Ordinance Number 03-1008 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1008. An Ordinance finding that the owner Meridian First Baptist Church for certain real property has made a written request for a rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from R-4, Low Density Residential District, to L-O, Limited Office District -- Zoning District as defined under Meridian City Code Section 11-7-2G, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Okay. You have heard the reading of ordinance for the Meridian Head Start Number 03-100 -- or, excuse me, First Baptist Church, 03-1008. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of Ordinance Number 03-1008, request for a rezone of 2.83 acres from an R-4 to an L-O zone for Meridian First Baptist Church, with suspension of rules pursuant to the Idaho Code. Meridian City Council Meeting February 11 . 2003 Page 14 of 45 De Weerd: Second. - Corrie: Motion has been made and seconded to approve the request for a rezone, Ordinance Number 03-1008. Is there further discussion? Mr. Berg, roll call vote. Please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Ordinance No. RZ 02-006 Request for a Rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: Corrie: Number 9 is Ordinance Number 03-1009. This is a request for a rezone of .85 acres from I-L to O-T zone for Meridian Head Start by Friends of Children and Families, Inc., 321 and 333 West Broadway Avenue. At this time I would like to have, the Clerk read Ordinance Number 03-1009 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1009. An Ordinance finding that the owner Louis Marks and Jeanette Schaffer of certain real property generally known as 321 and 333 West Broadway Avenue, has made a written request for a rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from the I-L, Light Industrial District, to O-T, Old Town District -- Zoning District, as defined under Meridian City Code Section 11-7-2L, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the City Engineer to add said rezoning designations to the official maps of the City of Meridian, Idaho. Corrie: Okay. You have heard the reading of Ordinance Number 03-1009 by title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, Council, discussion? Hearing none, I will entertain a motion on the ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approval Ordinance 03-1009, request for a rezone of .85 acres from I-L to O-T zone for Meridian Head Start and authorize the Mayor to sign and Clerk to attest, with suspension of rules. McCandless: Second. Meridian City Council Meeting February 11, 2003 Page 15 of 45 Corrie: Motion has been made and seconded. Any further discussion? Roll call vote, please, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Ordinance Number 03-1009 is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. FP 03-004 Request for Final Plat approval of 39 building lots and 10 other lots on 7.30 acres in an R-8 zone for Tully Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: Corrie: Item Number 11 now is the request for Final Plat approval of 39 building lots and ten other lots on 7.30 acres in an R-8 zone for Tully Cove Subdivision by Ted Mason, west of North Linder Road and south of West Ustick Road. Staff comments fi rst. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The subject property is on the west side of North Linder Road, directly across from Tully Park. The map does still reflect an Ada County zoning for the south three-quarters of the property, but that was annexed and rezoned to R-8. Ordinance was adopted. This is the property in bold. You have Turtle Creek Subdivision abutting to the west. As you can see, an existing stub street was provided there. The Final Plat is as shown here on the screen. They do have a single point of access off of North Linder Road. They are providing open space as approved with the Preliminary Plat. The stub street is connected here on the south side. The layout of the subdivision does comply with the Preliminary Plat that was approved and we have recommended conditions in our February 11th memo to Council. There is a gross density of about 6.7 dwelling units per acre in this project 36 of the building lots are for attached single-family dwellings and three are detached. Ada County Highway District does have this section of Linder Road in their five-year work program for a three lane widening, so they will be obtaining a right of way for this project and will construct a sidewalk on Linder Road during their 2007 construction project. That requirement was placed on the applicant on this one to trust fund for that sidewalk in this case. Our conditions, I believe, are as proposed. I don't believe there are any modifications. We did ask for some fencing on the south boundary adjacent Glennfield Manor Subdivision in our condition number four, as well as solid fencing adjacent to Turtle Creek on the west boundary. Staff is recommending approval of the Final Plat application with our conditions. Thank you. Corrie: Thank you, Brad. Council do you have any questions of Mr. Hawkins-Clark? Okay. Is the representative of Tully Cove Subdivision here this evening? I hate to have you move, but can't hear you back there. Do you have any qualms with the conditions and so forth? Meridian City Council Meeting February 11 , 2003 Page 16 of 45 Mason: No. We are in agreement with all of those. Corrie: Thank you. I need your name. Mason: My name is Ted Mason. Do you need my address as well? Corrie: Yes. Give it. Mason: 4915 South Camas, Boise. Corrie: Thank you, Ted. Okay. Any questions of Council? Okay. I will entertain a motion for the request for Final Plat approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Final Plat approval of 39 building lots and ten other lots on 7.3 acres in an R-8 zone for Tully Cove Subdivision, to include all staff comments, dated February 11th, and ask the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion has been made and seconded for approval of the request for Final Plat approval. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. We have three ayes. Motion is for the Final Plat is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Public Hearing: CUP 02-046 Request for a Conditional Use Permit for a bus facility in an I-L zone for Joint School District No.2 by Joint School District NO.2 - 2170 West Franklin Road: Item 13. Public Hearing: VAR 02-015 Request for a Variance to extend future access streets beyond 450 foot cul-de-sac length to approximately 755 feet for Joint School District No.2 by Joint School District NO.2 - 2170 West Franklin Road: Corrie: Item Number 12 and 13 are both Public Hearings. This is the Joint School District No.2. I would like to open the Public Hearing for both of those at the same time. We will have the request for a Conditional Use Permit for a bus facility in an l-L zone for Joint School District NO.2 by Joint School District No.2, 2170 West Franklin Meridian City Council Meeting February 11, 2003 Page 17 of 45 Road and also open the Public Hearing for request for a variance to extend future access streets beyond 450 cul-d-sac length to approximately 755 feet for Joint School District No.2 by Joint School District No.3 -- 2, excuse me, 2170 West Franklin Road. Having no objections from Council, I will open the Public Hearing for both 12 and 13 and staff comments first, please. Hawkins-Clark: Yes, Mayor, Members of the Council, the subject property is here on the north side of Franklin Road. The School District has been in communication with the staff, along with Sanitary Service Company, representatives from Van Auker, Incorporated, and all three on this parcel as it's shown here. City Council did approve a one-time lot split for this property about seven months ago, I believe. The property is zoned light industrial. The Union Pacific Railroad 200 foot right of way abuts the north boundary of the property. The Marcon Development that had a new private street that's been recently extended from Linder Road across the north side of the storage covey's lot there and they are doing the barricade storage project here to the east. It is existing Ada County zoning and largely undeveloped parcels here on the south side of Franklin Road. This section of Franklin is not in the Highway District's five-year work program at this point in time. What's shown here are the locations of the two access roads to serve the northern part of the project. The -- you're just looking here at the southern half of this parcel that was shown on the first screen. They are proposing at this point a private access road on the eastern boundary that's adjacent to Caparelli Subdivision and an access road secondary here more in the center of the parcel. Both of them would be constructed per the Planning and Zoning Commission to the Highway District standards. They are -- they have been in the discussion with the city staff about platting this ground and at that point in time it is the staffs anticipation that these would become potentially public at this point. The request Item Number 13 on your agenda, the Variance, is for the length of these cul-d-sacs as shown and they are 755 feet. Ordinance does require 450 but they there are no stub streets to serve those at this point in time, so the variance is really necessary for that reason. The elevations of the building -- there is two buildings on the property that they are proposing and here are the proposed elevations for the administrative transportation facility and the maintenance area with several of the overhead doors, as you can see here is the second building on the parcel. This Site Plan does reflect the modifications that the Planning and Zoning Commission requested be made. At their Public Hearing, the Commission did recommend approval with conditions and we have received this revised Site Plan that shows some of those changes. Again, now this is the northern portion of that larger parcel that we just looked at and here is the eastern access road here and the western access road here and they do come in -- they basically have a perimeter access road around the entire parcel. The Eight Mile Drain does bisect the property here. The two buildings that I just showed, the administration building is located here on the south side and, then, closer to the railroad tracks is their service and maintenance building. All of this parking that you see east of the two buildings is for standard parking for employees, as well as some of this parking at the southeast corner. Then, all of the parking that's more in this gray shaded area is for the buses themselves. They are proposing to construct just one vehicular crossing of the drain here and, then, a pedestrian bridge crossing here to allow the drivers to have easier access to the administration building. Meridian City Council Meeting February 11, 2003 Page 18 of 45 You should have received in your packets a letter from Irma Atkinson, who did raise a few concerns there about impacts on the existing neighborhood and traffic. I believe she also testified at the P&Z Commission Hearing and the Commission took her concerns into account with their motion. The Highway District is not recommending -- I'll just go back so you can see the larger picture here. In terms of the access onto Franklin Road, those two points, the Highway District, since they do not have this in their five year work program, are not purchasing any new right of way, nor is there any form of access control and a signal being required by them. There was some discussion about the landscaping on the site and at the Planning and Zoning Commission level the Commission did recommend that they provide perimeter landscaping fully around the project, with the exception of this southern boundary that's going to be next to the Sanitary Service Company project. They allowed no trees in that section, but they did -- one tree every 35 lineal feet for the rest of the perimeter is what the Commission recommended. They are proposing a recycled type of asphalt for the bus parking area and, then, standard asphalt for the employee parking area. That is going to be striped, but that is a material that will be a little different but staff and -- did look into that and we don't see any problems with that alternative material. That's alii have. Corrie: Any discussion of staff from Council at this point? Okay. This is a Public Hearing. Is the representative of the request here this evening? Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Thomas: Yes. Corrie: Name and address, please. Thomas: Michael Thomas. I'm a representative of Lombard-Conrad Architects, 1221 Shoreline Lane, Boise, Idaho. I'm a representative of the Joint School District for this project. Just to start, Mayor Corrie, Members of the Council, clarifications on the project site as you see it there. Both crossings we -- across the lateral will be constructed under this project. We need to have both crossings to get circulation around the perimeter of the lot. The asphalt drives around the bus parking, that will be asphalt paving as well, just to note that, and the only recycled asphalt is strictly the parking area for the buses. There is also one mention prior to Planning and Zoning's comments that the administration building is two-story. It is basically still just a single story building with high clear story windows. With that said, I'd like to just point out that we have also written a letter under this modification. Planning and Zoning requested that we slat the northern boundary with slatted -- vision slats with a chain link fence, which we allotted for. The other three boundaries will be a six-foot chain link fence un-slatted. However, the east property line is currently being constructed with the Marcon development and it will, too, also be slatted. At a request, since we enhanced this site design, we'd like to propose a potential deduct alternate in the lower staff parking area south of the lateral, as well as deduct alternate area over to the west -- the west corner of the bus parking. The reason being is if the site development costs become extensive during the bidding process, our initial face bid will include paving and recycle paving that entire area. If we Meridian City Council Meeting February 11, 2003 Page 19 of 45 need to cut our budget back, we would like to propose just gravel separating that area, leaving it undeveloped at this point in time, putting in catch basins to collect the runoff and getting those over to the storm basin areas. Then, once, in a three to five year impact of time, the School District will most likely grow to that 350 complete build out for their buses. At that point in time, we'd like to come in and, then, complete that parking lot in its entirety. It is our hopes, though, that that won't be necessary, that we can construct the entire project initially. It will be less expensive the first time around, than the second time around, so just to point out that, as well as just our -- we request on the southern portion of the site and the undeveloped parcel area west of the Sanitary Services property, the sidewalk is still being requested to be put in along Franklin Road. The sidewalk currently is on the Caparelli Subdivision to the east. Sanitary Services will, again, put in sidewalk under their development, I believe, but as far as sidewalk to the west, passed the parcel, there is no sidewalk. What we are hoping to do is still postpone the sidewalk development until we can plat a parcel of that undeveloped area and at that point in time, we can have a little better handle of how that sidewalk will inevitably tie into Sanitary Services. The height, and the location, because as it is right now, it needs to be a dedicated additional 18 foot right of way or an easement of an 18- foot additional right of way due to the fact that Franklin Road is not dedicated as a 94- foot right of way at this point in time. They have no purchase price to purchase that additional right of way needed to make that 60-foot right of way to a 94-foot right of way. I believe I have stated that properly. That's just where we stand currently with the project. Corrie: Okay. Council, are there questions at this time? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, if I understand you, then, you disagree with the recommendations from Planning and Zoning Commission with regards to the sidewalk? Thomas: We don't disagree. What we'd like to do is postpone it until the future development of those three -- potentially three or four lots to the east -- or to the west of Sanitary Services, what we'd like to do is proceed with development of the northern parcel. Once we get going with that project, we are going to come in and re-plat that western lot area and at that point in time do all the landscape buffers with sidewalks at that time. Nary: But if I read -- if I read the letter from Mrs. Atkinson correctly, their concern is when is that going to happen and so that may -- that sidewalk may not be developed for a fairly lengthy period of time. I think that's their concern, so what time period are you talking about if we are going to delay it? Indefinitely or do you have a specific time frame? Thomas: It's the School District's position not to hold onto this property for any length of Meridian City Council Meeting February 11, 2003 Page 20 of 45 time. We are potentially trying to proceed with that platting process immediately after this project and, hopefully, we can get that turned around within the next year. As far as when that is developed, it would be a future buyer that would have to come in and do that at that point in time. Nary: So, when the other -- somebody else comes and buys the property to the west, then, the School District is wanting to put in the sidewalk, then? Thomas: Well, I guess not necessarily when they buy it. What we are looking at is when somebody purchases it and proceeds with the development of that lot, then, at that point in time put in the sidewalk, all the landscape buffers make them conform to all the necessary requirements of Planning and Zoning and the applicable landscape issues at that point. Nary: So, they are platting -- so the platting really isn't the issue, it's the -- so the platting really isn't the issue that you're talking about, you're talking about the development of that site, which, really, from the comments that we have received from Mrs. Atkinson -- I mean what their concern is, is what could that be? That might be ten years from now. Thomas: That could possibly be but, in the same respect, that's all undeveloped property now as it stands. Nary: Well, we got to get that sidewalk there a little at a time. I guess that's just the way to do it. Thomas: That's fine. We are just asking that request and if it is a big concern, we don't have a problem with putting it in now. It just seems kind of the cart before horse a little bit is all. Nary: Thank you. Corrie: Any other questions? Okay. Thank you. Thomas: Thank you. Corrie: This is a Public Hearing. I believe for this -- is it Elenore Masters? Who? Oh. Elenore Martin. Oh. Okay. Sorry if I butchered your name, but I apologize to you. Martin: That's all right. I'm Elaine Martin. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Martin: It is. Meridian City Council Meeting February 11, 2003 Page 21 of 45 Corrie: Name and address, please. Martin: Elaine Martin, Meridian, Idaho. J'm the majority owner of Marcon, Incorporated. We are directly to the east of this project. It looks like a well thought out and good use of the ground and we welcome them as neighbors and hope you will approve it. Corrie: Okay. Thank you. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Now, Ms. Martin, I assuming, though, you want the sidewalk now, not someday? Or does it matter? Martin: J don't think it matters, because to put it in wrong means you have to take it out later and fix it and it seems like a much more appropriate time to put it in -- you know, I'm sure with the school's budgets they are not going to want to hold onto that very long. My assumption is that they will put it in correctly the first time when the owners of the ground are determined to the west there. Nary: So did I misread your letter or did you have a change of heart? Thomas: I didn't send a Jetter. Nary: Oh. De Weerd: That was Jrma Atkinson. Nary: Oh. That's right. J'm sorry. Martin: Yes. It seems to me like until you're really sure who is going to own those parcels, that putting in the sidewalk is premature. Nary: Thank you. Corrie: That's all that had signed up. Is there anyone else from the public that would like to issue testimony on this Joint School District NO.2? Okay. Council, any questions for the Public Hearing on the two -- Items 12 and 13? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess while the Public Hearing is still open, just -- I would agree on the sidewalk. It's -- on these principal arterials or these major roadways, we really want to Meridian City Council Meeting February 11, 2003 Page 22 of 45 be careful with the sidewalk placement, you know, to prefer a detached -- you don't know how the road's-going to align. I agree with Ms. Martin that they will have to most likely go in and tear it up and replace -- you know, put in a different one once something is known in that lot that would be to the north of this, so that sidewalk would be going nowhere in front of nothing. I just would agree that we would require that as that land is developed. That's just my personal opinion. Corrie: Ride your bicycle on there and it ends up on -- De Weerd: In the dirt. Corrie: We have got a few of those around now. Is there other discussion? Comments? Okay. Hearing none, I will entertain a motion, then, to close the Public Hearing on Item Numbers 12 and 13. McCandless: So moved, Mr. Mayor. De Weerd: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item Number 12, request for a Conditional Use Permit, and Item Number 13, request for a variance. All those in favor say aye. Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Now, then, comments? Discussion? Shall I take the silence, as being everybody understands what they want to say? Nary: I wouldn't go that far. Corrie: You wouldn't go that far. Okay. Well, let's take them one at a time, then. This is a request a Conditional Use Permit for a bus facility in an l-L zone for Joint School District No.2. Any discussion on that request? Okay. I will entertain a motion. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for a Conditional Use Permit for a bus facllity in an I-L zone for Joint School District NO.2 by Joint School District No.2, 2170 West Franklin Road and have the attorney draw up the proper papers. Nary: And regards to the sidewalk? McCandless: I'm sorry. Yes and including the -- no, that's on the Variance, isn't it? Meridian City Council Meeting February 11, 2003 Page 23 of 45 Corrie: No. That's on the Conditional Use Permit the Variance is just for the cul-d-sac only. McCandless: Okay including the -- how do I word that? De Weerd: Item Number 3 on the recommendation of item 3 -- A-3 under site-specific requirements. Corrie: Okay. On the staff report. Okay. Nary: Were you wanting to -- Mr. Mayor? Sorry. Corrie: Mr. Nary. Nary: Mrs. McCandless, were you wanting it to be that the construction of the sidewalk would not have to be done until the -- McCandless: That's correct. Nary: -- lower -- I guess southern portion of the property adjacent to Franklin Road was platted and developed? McCandless: Yes. That would be part of my motion. Nary: Second. Corrie: Okay. Motion has been made and seconded. [s there any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nary -- or, excuse me, Mr. Nichols. Wrong attorney. Nichols: Question for the Council to consider and that is if you say only the property that's adjacent and if they come in and they plat those -- as shown on their drawing where those -- the western part of that property would be put into three lots, do you intend only the lot on Franklin to mandate that's when sidewalk goes in or would it be when anyone of those three potential lots on that western parcel is -- McCandless: I would think it would be anyone of the three. Nichols: Okay. I just wanted to raise that issue, so you can discuss it. Right now it's not platted, so if right now you say that it's only to be constructed when that-- McCandless: Or anyone of the three. Nichols: --- portion or any part thereof is developed, then, that would be sufficient. Meridian City Councll Meeting February 11, 2003 Page 24 of 45 McCandless: Now, if-you can figure out my motion. Nary: I would concur when any part of that is developed. Corrie: Since the attorney is going to have to draw it up, I think he understands it. Okay. Any further discussion? All right. Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Motion for the request for Conditional Use Permit with the additions in the motion is passed. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Public Hearing in reference to the Variance. Any further discussion or any discussion on the Variance? Hearing none, I'll entertain a motion for the request for a Variance of the access streets beyond 450 cul-d-sac length to approximately 755 feet. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Variance 02-015 a request for Variance to extend future access streets beyond 450-foot cul-d-sac lengths to approximately 755 feet for Joint School District No.2 by Joint School District No.2, 2170 West Franklin Road and have the attorney draw up the Findings of Facts and Conclusions of Law. Nary: Second. Corrie: Okay. Motion has been made seconded for the approval of the variance. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: All ayes. Motion is carried for the Variance. MOTION CARRIED: THREE AYES, ONCE ABSENT Item 14. Public Hearing: AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Item 15. Public Hearing: PP 02-027 Request for Preliminary Plat approval of 197 building lots and 33 other lots on 81.54 acres in proposed R-8 and L- Meridian City Council Meeting February 11 , 2003 Page 25 of 45 o zones for proposed Cedar Sprinas North Subdivision by Howell- Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Item 16. Public Hearing: V AR 03-003 Request for a Variance to allow blocks 7, 9, and 13 to exceed 1,000 foot maximum block length for Cedar Sprinas North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Corrie: Item Numbers 14, 15, and 16 are Public Hearings. Item Number 14 is a request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation, south of West McMillan Road and west of North Meridian Road. Item Number 15 is also a Public Hearing, request for a Preliminary Plat for 197 building lots and 33 other lots on 81.54 acres in a proposed R-8 and L-O zone in proposed Cedar Springs North Subdivision. Then Item Number 16 is a Public Hearing request for a Variance to allow Block 7, 9, and 13 to exceed the 1,000 foot maximum block length for Cedar Springs North Subdivision. At this time, with no objection to the Council, I will open the Public Hearing on Item 14, 15, and 16 and we will take testimony from all three of those and we will start first with the staff -- or, excuse me, staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. On Item Number 14, the annexation, and request, the property is located in an area of the Comprehensive Plan that is designated for residential uses. They have requested an R-8 and L-O zone. The majority of it is the R-8. They have provided for an office area up here on the north end. McMillan Road is -- abuts the property on the north. Baldwin Park Subdivision by Capital Development is here, also R-8 to the west. Cedar Springs Subdivision, which is being constructed right now, is on the south side. The White Drain does course the property here east and west on the south boundary of this 81 and a half acres that we are talking about. Just to clarify on this screen, the -- north is the right-hand margin, so -- we just couldn't quite fit this on the screen to give you the north-south, so don't get your directions too confused here looking at this, but McMillan Road is here on the north side. This is for Item Number 15, the Preliminary Plat. There have been several modifications back and forth between the staff and the applicant's representative JUB Engineers going through several renditions on this project, the Preliminary Plat that's shown here does reflect what the Planning and Zoning Commission had requested, for the most part. As I mentioned, the office area, which was the Comprehensive Plan does call for, by the way, an office area to be provided there in the mid section of McMillan Road between Meridian and Linder, they have their residential collector street coming down off of McMillan Road. The single point access into this office park area. All of the gray areas on the plat are designated for open space and/or storm water retention area. The large piece that you see here to the south -- I'm sorry, to the east side of the entry road is just to be shown as a future phase five right now. They are proposing that to be kept aside as a multi-family family residential lot that would come through in the future as either a conditional -- a Planned Development or another plat. Then, the balance of the property from that multi-family area and the office to the south Meridian City Council Meeting February 11, 2003 Page 26 of 45 is all of the single-family detached area. They are providing three fairly large open space lots there. They have micro path connections that the Planning and Zoning Commission did talk about and request, so those have been added in. The arrows here are pointing to the blocks that exceed the 1,000 foot maximum for the -- in the Subdivision Ordinance and the Planning and Zoning Commission did recognize those and felt that since you have Baldwin Park over here only providing one stub street and they are utilizing that, that this block length could receive a Variance, since it's broken up with a micropath path here. On the east boundary, this Block 7 begins here with this -- there is a future stub street provided here towards the south end of the property, continues on -- essentially, because of the leg on this block, it does exceed -- and they have also provided a micropath there and the third variance request for the block length provides a micropath as well. This one could potentially be broken up with a public street to connect this future higher density area with the single family. That did receive some discussion. The Commission felt that an actual vehicular access between those two really wasn't necessary and so they approved it with a pedestrian bicycle pathway connection. The Settler's or Lemp Canal is -- as you know, a large canal on the south side of McMillan Road. I don't believe that the city had received any comments from Setter's Irrigation District on that, but they are -- the proposal at this point is to leave that canal untiled and -- as well as the White Drain, which is on the south boundary. I think I have hit all the main points of the Commission's recommendation to you, so unless you have any questions I will stop right there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just a question, Brad so, is it the opinion of the Planning and Zoning that by having the micropaths the block lengths now no longer exceed the 1,000 feet, therefore, if we approve the Preliminary Plat, there is no need to have a variance any longer? Hawkins-Clark: Councilman Nary, no, they still feel -- I mean technically the block length is in excess of the thousand as defined, but we have kind of gone back and forth on these whether or not the block should be allowed to -- you know, as long as somebody on foot could get from one portion of the project to another without having to go all the way around, that's generally been viewed as adequate. Basically, looking at it from a pedestrian point of view, more than somebody driving in their car point of view, so -- Nary: Brad, [ know we have had lots of discussion about reevaluating our ordinance and addressing these issues. I mean it's just another one of those things that we need to reevaluate that ordinance and how it reads, because it's -- providing these kind of exceptions -- I guess, you know, we are always apprehensive on variances, but we seem to give these block length ones away like candy. I'm more concerned -- I guess I'm only concerned that if we are going to do that, then, I guess we just need to speed up that particular process of getting that changed, so that we aren't granting variances, but, rather, providing the exceptions, so that we can just get it done with. Is this kind of Meridian City Council Meeting February 11, 2003 Page 27 of 45 the same as the other ones we have approved recently for the same reason, to try to sort of mix and match what we got? Hawkins-Clark: Right. It is. You know, in this case certainly, though -- I mean the one is -- meets the findings on the Variance very clearly, since there is already constructed Baldwin Park up here and there just really is no -- there is nothing for them to stub to, so even if they wanted to, they couldn't break it up. The other two are, as you say, you know, in that same family of variances that -- that we have been requiring them to go through the process, because, technically, by definition of the ordinance, the way that we have measured blocks, it's exceeding it, but -- Nary: Well -- and, then, technically, they could break up the ones even on the Baldwin Park, they could put the open space there right? Hawkins-Clark: Well, the block would -- the open space is considered a lot within the block. Nary: Oh. Hawkins-Clark: So, that wouldn't necessarily do it. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, what are the -- I believe that McMillan is supposed to be a three lane? Hawkins-Clark: That's correct. De Weerd: And, Meridian is that a five lane or is that a three lane? Hawkins-Clark: I believe that's three as well. De Weerd: Now, as we look at these, don't we want our higher densities more along a mass transit -- you know, along a route that's really going to support alternative transportation -- and this we have a high density development being proposed on three lane roads. It just seems a little bit out of place. I didn't see the correlation on our Comp Plan. I know it -- I think I remember it really saying medium density, but -- now this is a higher density. I know it supports the neighborhood center concept, but is this the place for it? This one other concern now that I'm talking just the three lane road and the higher densities, their open space -- or a couple of them -- two of their open spaces are surrounded by houses that there is very little visual into them. You know, if all those people were to put up fences, you have got a real problem area. I -- and I didn't read -- this one of the applications I didn't read the P&Z discussion, but -- and maybe they have Meridian City Council Meeting February 11, 2003 Page 28 of 45 already addressed some of those issues, but I would appreciate it if those have been thought of issues. Hawkins-Clark: If I could, just on the first item, as far as the higher density, you know, it is medium density in the Comp Plan, which is three to eight dwelling units per acre. Obviously, at this point we don't know what their density would be for that larger undeveloped area, so it is kind of tough when we can certainly tie them, if the Council wanted to go that way, to a -- you know, a ceiling density as a part of the annexation or Development Agreement, if that's a concern. I think there is -- on the northern side of McMillan, here we do have a future neighborhood center designated. I think that there is some -- you know, some basis to argue that since it's directly across the street from a future neighbor center now granted, that adds quite a bit of questions. Are we going to be able to support our neighborhood centers at the half - mile or are they all going to eventually shift over to the intersection of two arterials. If that happens, then, just what I just said kind of gets blown out of the water, but if we keep that center there, particularly as a three lane, I don't think it's -- a three lane means that you can't have a bus service necessarily. I think you certainly could in the future have a bus service along McMillan Road and the North Meridian Area Plan. As you will hear in a couple of months when that comes up, you know, is looking at McMillan Road as kind of a little bit more sort of neighborhood profile, neighborhood friendly kind of streets, since you have Chinden as a future seven lane one mile up, Ustick as a future five lane, you know, McMillan in the middle kind of makes sense to stay three, but you could still keep it design wise to the point where, you know, turnoffs or bus stops or whatever could certainly work. Those are some points as to the higher density. The open space configuration, I -- certainly, you know, the fencing issue could be discussed. Maybe we should just have the applicant address as to what they propose. The first open space area that you come to is on the collector here. If I recall, you were referring to the one on the east and the south? De Weerd: Yes. Hawkins-Clark: Because they are both surrounded by houses. De Weerd: Okay. We can ask the applicant to address that. Just one other thing is if at all possible when we get these applications in front of us -- and I know it's something I'd like to see ACHD or the traffic studies and those kinds of things. I would like to see a larger picture of the surrounding approved subdivisions and how they are connecting to it and I'm relying on my memory to remember what Baldwin Park and -- that was just recently, so it's easier to recall, and what Cedar Springs to the south of that area all look like and how they are connected in. I would like a better visual of how it's all molding together, so you can really see if this was a nice addition. It's hard looking at it just one piece at a time. Hawkins-Clark: We can certainly provide that. The Highway District has done an aerial photo recently that overlays all of the approved subdivisions in north Meridian just this last month. Meridian City Council Meeting February 11, 2003 Page 29 of 45 De Weerd: That's what I understood. That's great. Corrie: Any other questions for staff? Okay. Is the representative from Cedar Springs here tonight? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Fluke: It is. Corrie: Name and address, please. Fluke: Mr. Mayor, Members of the Council, thank you. Darin Fluke, JUB Engineers, 250 South Beachwood in Boise, representing the applicant in this matter. Thank you for your attention this evening. I think Brad described the project pretty well, so we won't go through the development details, so much as maybe I will just address the issues that I heard Council speaking of this evening and see if we can explain some of this for you. With regard to the Variance on block length, I certainly understand what Councilman Nary is saying. I understand that the city does not want to issue Variances any more than they absolutely have to. This should be based on hardship and I certainly agree that if you find yourself issuing a lot of Variances, then, it's time to look at the ordinance for that particular issue. My understanding is that the block length regulations deal -- that the intent of those regulations is to provide better internal connectivity within the development, so you don't want to have inordinately long blocks making it difficult for people to move around within the development. Within our developments anywhere in Ada County, they work pretty well for cars, because we build such large roads and the Council has heard me talk about this issue before. What we have tried to do is we try to comply the best that we possibly can by making the block lengths less than 1,000 feet. In those instances where we can't, what we prefer to do is put in pedestrian ways to comply with the intent of the regulation, to at least allow pedestrians and bicycles to move around more comfortably within the development. We think we have certainly accomplished that with this. There are probably -- there might be better ways for the city to write the regulations to obtain that internal connectivity and I would just encourage you to look at those. We don't particularly enjoy asking for variances either we'd rather just design them and make them work with the rules as written. In this case, though, we found that they were necessary and we think that we have reached a good compromise. Again, with Baldwin Park here on our west only having a stub here, this does go into Baldwin Park as well, by the way, so those two are fixed. We did the best we could by adding that pathway in there and providing better connectivity and with other two blocks we did it the same way with adding a pedestrian path here and also a path here at the Commission's behest. On this particular block we are also locked in with these two paths -- these two stub streets and I would just -- you know, I'd just say that you don't want to be in the business of building roads just to comply with the block length requirement that's in your code, you know, a road for no other reason than to break up a block really isn't the best idea, in our opinion. We build a lot of lane miles of local roads in the county as it is and anything we can do to minimize the amount of road, generally, is a better layout. That's the Meridian City Council Meeting February 11, 2003 Page 30 of 45 explanation on that. With regard to the density, I'd just point out for Council's consideration that we have made every attempt to comply with the Comprehensive Plan. This particular parcel here is designated L-Q by the Comprehensive Plan on the future land use map, with the balance of the property being designated for medium density residential. Medium density is intended to allow for three to eight dwelling units to the acre. We come in at about three and a half units to the acre, 3.6 on the detached single-family portion of the development, so we are very much at the low end of the density the city was looking for in this particular area. Overall on the project what we asked for was that the -- that -- and what the -- what the Planning and Zoning Commission concurred with was that we could just transfer the balance of the density to this particular parcel here. There is not a layout for that yet. We will have to come back with an application when the applicant is ready to develop that. The intent is to develop that with more of a neotraditional type development with smaller streets, alleyways, perhaps, and smaller lots, down as far as 4,000 square feet, which is what is allowed in the R-8 zone. The R-8 would also allow for two dwelling units to be attached and what we are thinking is row home type development on that, but it hasn't been decided yet. There is about 11 and a half acres there, so, you know, if we were to transfer the density for the whole 70 or so acres of residential, you know, taking this piece out, that would leave us, you know, up to 112 units on there. Now, under the R-8 zoning designation there is no way we could lay it out with 112 units, we would probably be looking more like 60 units or so with 4,000 square foot lots and, again, narrower streets and alley loaded lots on that. Anything else that will come back before you in any event, anything else would come back before you as well. The only thing that particular lot would be allowed for by approving this plat and zoning designation would be for a single dwelling or perhaps a duplex on that lot and, obviously, that's not something that the applicant wants to do. You will see that again. As far as McMillan not being able to accommodate higher densities, I guess I would just respectfully disagree. We went through this when JUB did the collector road study for ACHD and the big part of that study -- well, there was a couple of things that were important, one being connectivity, but the other thing was -- that we found was that we just build the roads too big and a three lane road will be perfectly acceptable for handling the densities that are envisioned on this particular plat. There is no reason you can't have bus service on there and, you know, as Brad indicated, it makes a much friendly street section if what you're really trying to create are neighborhoods. When you build five lane road sections you really create barriers between neighborhoods and it's very difficult to get connectivity between them, so I would encourage you to seek smaller roads. It does make traffic go a little slower, but it does make it more neighborhood-like, rather than creating a barrier in between those neighborhoods. With regard to the fencing on the open space, we are aware of that issue. What we have proposed to do would be the same thing that we were doing on Burney Glen Subdivision would be to have shorter fences along these open space areas where we have lots abutting up to them. We typically put a 42-inch fence in there, rather than a six-foot fence, which provides some more, you know, eyes on the space. What we find in many instances are that the people that buy these lots appreciate those spaces because they are enclosed and they actually feel safer for their children. You know, these neighbors tend to know each other, there is not a whole lot of houses around these and people know who surround Meridian City Council Meeting February 11 , 2003 Page 31 of 45 there, people know who are in the neighborhood and when kids are out there playing, there are people watching them, so ifs -- what we find is just the opposite. They are not unsafe spaces, they are actually safer because of having the houses around them and they don't invite the general public in there as much, there is not parking provided, and they are just not viewed as public open spaces. You really don't get people from outside the development frequenting these spaces. With regard to traffic, we did do a traffic study for this particular development. ACHD has also, of course, done a large traffic study that was done by Washington Group for the entire 10 or 12 square miles in north Meridian and so what ACHD is now doing is requiring much less in the way of traffic studies, because they have looked at the entire area. They know what construction needs are going to be and they are typically just wanting to know what our trip distribution was going to be on exiting stub streets. We have done that, we have got good connectivity with surrounding developments and on this connection, and this stub street does exist on the south side of the White right now in Cedar Springs. This is being designed right now and so it will be built within the next year or so, I imagine. This connection is not there yet on that side, but Baldwin Park, I imagine, will have that connection there within the next year or two as well. We do have good connectivity with surrounding developments. Just a few of other things. We are requesting a waiver for piping of the White. That has been requested by Settler's, which Cedar Springs you don't have anything in the record before you tonight from Settler's, although I can tell you that in our two meetings with them they have requested that the White remain open, as well as the Lemp Canal. I should talk a little bit about the Lemp Canal here along McMillan Road. This was one of the bigger issues when we were in front of the Planning and Zoning Commission. What ACHD has decided is that for widening of McMillan that all right of way will come off the north side of the road, because of the location of the Lemp where it is. We have 25 feet of right of way right now from center line south, which comes up to -- abuts the edge of the Lemp Canal. What Settler's has requested of us is a 50-foot easements centered on the exiting Lemp, which would mean 25 feet to the north that will essentially overlap the right of way thafs there now. That's not an uncommon situation, apparently, and, then, 25 feet on the south -- 25 feet south of the top of bank, what we have agreed do with Settler's is to leave a five-foot space between the top of bank. Then, to provide a 12-foot asphalt path along the south side, which you see as sort of a meandering feature there -- you can almost see it, maybe, ifs so small. What that path with double as is access for Settler's to get at their ditch. We have spoken with the Highway District and they support the sidewalk being on this side of the ditch as well, so that's what we are requesting is to have the sidewalk or the path in this case detached from the right of way and Settler's, as well as the Highway District, supports that request. Then, we would have our typical 35-foot landscaping as well. That seems to be a real good compromise that everybody was happy with. Other than that, I think we handled all of the issues at the Planning and Zoning Commission, we'd just ask for your approval on this and we concur with the staff report as it's written and the conditions that were imposed by the Planning and Zoning Commission. Corrie: Any questions of-- De Weerd: Mr. Mayor? Meridian City Council Meeting February 11, 2003 Page 32 of 45 Corrie: Mrs. de Weerd. De Weerd: What are the goals for this? You know what kind of market are you attracting? Fluke: The lots in the development run from 7,000 square feet at the low end, up to almost 17,000 square feet on some of the larger cul-d-sac lots. The average lot size runs almost 9,000 square feet, over 8,900 square feet. Development -- you know, these lots will probably run in the neighborhood of starting at about 45,000 and going up. Lot price is typically about a quarter of the cost of the developed lot, so 160,000 or so and up. That's for the detached single-family. Of course, this will be a different sort of a market and without a layout I'm not -- I can't give you hard numbers, but, you know, we are talking 4,000 square foot lots with attached single family dwellings, different kind of market, empty nesters and some first time home buyers for that. People who don't generally want to take care of a lot of yard space when they buy those. De Weerd: And for your open space, do you have any plans to put amenities in them or are they just open green areas? There is nothing wrong with open green areas, but I'm just asking. Fluke: Thafs how they are designed at the current time. We have not proposed any structures for those open spaces. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is the properties that border Baldwin Park and the first part of Cedar Springs, are they all compatible to the lot sizes that are adjacent? Fluke: Certainly within Cedar Springs they are. I can't speak for Baldwin Park, but I think that they are - perhaps. Brad, do you know the answer to that question? I guess Gary is indicating to me that Baldwin Park has a little bit smaller lots. Maybe they are R-8. Hawkins-Clark: Yes. They are R-8. I believe they did have a little larger on that end, but I do not know exact square footage of those lots. Fluke: I think we are essentially compatible with single-family on single-family. There might be some difference in the lot sizes, but it sounds like we are maybe a little bit bigger. Nary: Let me ask you, too so this particular lot, which fronts your main entrance street in here, this is just also going to be just a big grass -- Meridian City Council Meeting February 11, 2003 Page 33 of 45 Fluke: Well, there will be trees and landscaping as well but yes, it's meant to be open and provide a play field for soccer or other -- you know. \. Nary: On this one here, where are the trees and landscaping just along the front? Fluke: I don't have a landscape plan in front of me. Brad, do you? Nary: In addition, while Brad's looking at that, are these other -- I'm assuming these smaller ones are primarily drainage is that correct? Fluke: That's correct. Nary: What about these big ones, are they also used for drainage or -- Fluke: They would accommodate drainage, but they are designed to be for active open space as well. Nary: What's your plan or -- for timing wise on this? I guess what I'm a little bit concerned with is that if we approve this plat, we have pretty much locked in -- there are very few other alternative uses for this site, other than what you propose today, and I guess I'm not sure I'm totally sold on what you're proposing today, so how long is it are you planning to -- before you bring this piece back? Fluke: Well, you know, I don't know that I can give you an answer that will be satisfactory for you. That's really up to the client and the market. As you well know, there have been a whole lot of lots approved out in this area just in the last year or so. I think I counted close to 3,000 somewhere in the process in your ten square miles up there. All I can tell you is that we will plat that as a lot. It is an entryway to the project, it's not going to detract -- be allowed to detract from the project, and the client's not interested in that. He is interested in bringing the project forward, but I don't know what his time line is. This particular client has three projects going in this area right now, so - - I mean he's committed to the area and I don't know -- I can't tell you for sure what the time line is, but sooner, rather than latter, is what -- Corrie: Brad? Hawkins-Clark: Yes. Mr. Mayor, Members of the Council, they are showing on the landscape plan that was submitted deciduous shade trees here across the frontage, they are showing a grouping of trees in this corner, and about four trees along the back there. They are showing a five-foot wide asphalt path that kind of meanders through the south end and, then, comes and hooks into the sidewalk that is along this public street. Nary: One last thing. These are single-family homes right here. Correct that is adjacent to this office complex, is that -- Fluke: That's correct. They will have to do -- I mean we will have to fence the Meridian City Council Meeting February 11 , 2003 Page 34 of 45 perimeter. What we see here with that light line -- it's kind of hard to see -- would be a landscape buffer that~s required by your Landscape Ordinance and, then, of course, this will all be landscaped as well. By the way, this development will come back as conditional uses as well, so you will get to see those as they develop again. De Weerd: And your realtors will know that that's office and that will be appropriately signed, so that when the people build on those lots they know that it's going to be office; right? Fluke: Well, we hadn't planned on signing the lots, but certainly it's all part of the public record. That's not something we are trying to hide from people buying those, so -- De Weerd: Oh, yes. Nary: Maybe you don't. Fluke: I'm fully aware that people are amazing in their ability to miss that sort of thing. De Weerd: Or it's always the realtor tells them something different. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Are you going to do that whole frontage with -- you're going to develop that whole area along McMillan? Fluke: Yes. De Weerd: Before you do the next -- this undefined area? Fluke: That's correct. My client committed to developing the entire frontage of the project with Phase 1. Our thinking now is that we will plat this as a large lot, just one large lot, and, then, come in and do phase one in this area here. This is the Phase 1 line here. Everything in front of that will come in here and we will -- you know, if you want to put that on as a condition, that's fine, we are amenable to going ahead and installing the landscaping with that. By the way, I didn't mention that I also have spoken with ACHD and we are okay for an access somewhere in this location. We are indicating it right here and what our commitment was to the Planning and Zoning Commission and the way your conditions are written, that if we are not able to obtain an access here, then, we have to punch this road through here and make a connection there. We were not keen on that and the Planning and Zoning Commission agreed that there is really no need to -- that the people who will be living here really don't need to drive into here. The people who live in here don't really need to take their cars through here to get here, we'd prefer that they come to the collector to come out and access the arterial. Nary: Mr. Mayor? Meridian City Council Meeting February 11, 2003 Page 35 of 45 Corrie: Mr. Nary. Nary: I guess I'm not sure if this really is a question. You had mentioned, Mr. Fluke, about the number of lots we have approved in that particular area, the north area. I think Brad had raised the same issue that we have -- we have approved a number of different types of projects and the parcel across the street, there is some relationship to it, the neighborhood center across the street of this, in regards to roadway and the density. I guess timing wise I guess I'm a little apprehensive, although I see a lot of positives here, I'm a little apprehensive in approving this project without really looking at a bigger picture of this area right now and especially in relation that some of this stuff is driven by some of the other developments and how they are developing and, again, I noticed a number of -- a couple of comments in here about the neighborhood center across the street and its relationship to the project. I mean what are your thoughts on that? I guess it seems like this is a number of -- again, a large number of people, a large development that I recognize it's going to take a few years to build out. With the volume of projects that we have approved at this point, how does this fit in and relate to those and is it something that we at least need to look at and how all these other ones are going in relationship to this one. Fluke: I think I understand where you're coming from on that and if I understand the question right, you're essentially asking is this maybe premature given what's around it or, more importantly, what's not around it at the current time. I guess I can only answer that by saying that the city is in a difficult position with regard to the development proposals and timing. I mean once you established your Comprehensive Plan and your zoning ordinance when you got applications in that comply with those things. I mean there are no findings that talk about timing, there are findings that talk about appropriate services for these, which we, of course, provide, sewer, water, roads. That's all there. You do have land designated across the street for a neighborhood center. I think that will be an incredible amenity for this project if it's built the way the plan envisions those to be built. We don't have the option of putting that on our property. If we did, that's probably something that we would have done, but I just -- I don't know how the city can hold up one development while it waits for something across the street to go in that we don't have any idea when it might go in. We can only assume that the area will develop in accordance with the plan and that if it -- if we bring in a development that's in accordance with the plan, you know, we would expect that it will be compatible with the other things that come in around it. I understand that, I have dealt with this issue from both sides, from Ada County and writing ordinance for other cities and it's a difficult question, I don't have a great answer for you. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting February 11, 2003 Page 36 of 45 De Weerd: I have another question. In Baldwin Park I think to the south of it the middle school is going in and I know in -- somewhere in Cedar Springs an elementary school is planned. Looking at connectivity -- that you have adequate connectivity at least for the foot path and pedestrian types of connectivity to those areas, do you feel that that is sufficient to get those kids to those schools without making them walk down one of your really long block lengths to get all messed around. Fluke: While we are here on the vicinity map, this is Cedar Springs to the south. This here is Cedar Springs NO.3 that's currently under design now. The school sits about a quarter mile south here. We have a stub street approximately in that location right there. This is Baldwin Park. I believe this is the parcel for the middle school. We have two stub streets into Baldwin Park and I guess the short answer to that is the connection -- the distance is going to be the same regardless, because the connection is going to be on the public road system and so those stubs are there. Yes, I don't think that we could achieve better connectivity with regard to the schools and the regional park, by the way, which is also south of Cedar Springs, than what we have got. The best, safest place for the kids to move through there is on the local public road system, the local streets, because they will have full curb, gutter, and sidewalk. It will be no big deal -- I mean, yeah, the distance is going to end up being a half a mile or more -- actually, it's going to be closer to a mile if you're living up in this area, three quarters, but we couldn't make it any shorter by adding any paths. The road connections are where they are. De Weerd: Brad, can you go back to the plat so, it would be those two stubs, then, in the southwest corner? Fluke: That's correct. Now, this goes into Cedar Springs as well and, of course, that will connect to the Cedar Springs road system to the school and the park as well. What was already approved preliminarily were lots backing up against the White Drain, we do cross that White Drain twice and I can just about guarantee that Settler's isn't going to want any other kind of pedestrian crossings. I mean it's all we can do to get public road crossings across those things. De Weerd: Yes. I'm just surprised that they are leaving that along McMillan open. That thing is -- runs very fast. Fluke: It's a large structure. De Weerd: I can't believe you guys haven't talked about a playground or a basketball cou rt. Nary: I didn't say I was going to vote for it, either, did I. Corrie: Any other questions while he's here? Okay. Anyone else like to issue testimony? JUB Engineers is here, so -- they are talking. Okay. Hearing none, Council, any other questions on the Public Hearing? Meridian City Council Meeting February 11 , 2003 Page 37 of 45 McCand[ess: Move to close the Public Hearing. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Items 14, 15 and 16. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: [guess coming into this I had initial concerns that [ believe have been addressed, in particular what would happen in the unplatted area with the higher density allowance. [do like the mixture of light office to serve the neighborhood community around it. You know, the open space, there is nothing real special about it and -- but [ don't really have an issue with it either, so it's just -- it's a nice plan, but we sure have seen a lot of them lately. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm tired of asking people for basketball courts and paths and if they don't want to do it, then, that's fine, that they live with whatever they got. There are some really good things here and I do think that's to be commended. [mean I think it is compatible to the other subdivisions and the bordering properties, [ think there is some green space, I'm not super impressed with a big blank green space right here, [ think this should be their showcase for this particular subdivision. I assume there is probably some concern by the developer that if they put a tremendous amount of amenities in here it would draw more public into this private facility, people from the offices and people just from the public driving into here. Again, there is not a lot of parking area and I'm going to assume looking at this that this is probably not going to have parking on the street, but [ guess we don't know that. They have done some really good things and some of this looks -- and I know this is just a drawing and it may not ultimately look like that, it looks awfully narrow in here. There is a lot of very -- concerns about these type of areas, but [ would agree, there is probably just as much safety that's protected by that type of development as there is -- and having it sort of feel like it's hidden. [agree that there are probably some real pluses here. I am also, though, concerned, as Councllwoman de Weerd is, by this piece here, because it appears to me that approving this project as platted and is presented to us. It's really limited whatever use this property could be and the access -- I'm assuming to McMillan it would only be through this point right here Meridian City Council Meeting February 11,2003 Page 38 of 45 and not actually directly onto McMillan, we don't know if these other pieces are going to be next to it. Again, 1- echo the same concern we raised at the outset, was that we have approved a lot of these, we have looked at a lot of these, we have got a lot of areas in this northern piece that have been approved to this point and I guess the one thing we would recognize is that our only means of timing these things is annexation. We don't have any other tool for us. There is a lot of -- in the staff report and in the minutes that the -- I guess the positives of this project are also somewhat related to the projects around them. Some of it is related to the project, the potential neighborhood center across the street, which right now doesn't exist, and I guess, again, without knowing -- without seeing the big picture it's very hard. Last week I think we spent an hour and a half talking about a basketball court that never happened. I don't want to spend an hour and a half talking about making that grass better than just grass, but I am concerned that at some point we have to say let's see the big picture so we have a relationship between this project and the other projects. We have had the luxury with Lochsa Falls and Bridgetower's, that they were huge parcels that had probably five times as many homes in some of them or three times as many homes. They could do all of the different things because the size of their project was enormous and we don't -- now we are facing some of those that are not in-fill, but, yet, they are still -- they still have to have a significant relationship to the projects around them. I just, frankly, cannot possibly remember them all as to how they relate to each other. My concern is we can approve this one today, but we really need to get a better grasp on what's around this project or we can wait -- we can wait on this one for a week or two and see what else is around it, so that we have a comfort level that we aren't creating our own problem. That sooner all of our citizens are going to come and say when are you going to stop, when are you going to look at the big picture. I'm not trying to hold up this project, I'd liked Cedar Springs before, and I think I was on the Commission when we approved it twice. I mean I'm not as concerned about this, but at some point we have to say we need to reevaluate or at least evaluate what we are doing in the north and feel comfortable that everything relates to each other. I would say -- I mean there are some things about this that are kind of routine looking at it. I recognize there some sizes there, they have some variety to them, but I do have some concerns about just simply approving this one again, like the other ones that we have had some heartburn with the next phase and next week. Corrie: Well, let me interject something here. I agree wholeheartedly with what you're saying, Mr. Nary. I think we can direct -- jf you want this project to go on and you approve it, I think you can direct that the Planning and Zoning do give you the big picture on these from now on. I agree you need to look at them, they need to be in contents with what's going on around them, and if that's your desire, then, I would say make it known to the Planning and Zoning that any of these coming in the future will have all that around them, so you can see it. That is your privilege as the Council to do that, to demand that, and -- or you can do it now. It's your choice but I think that that's very true, we need to do that and see the big picture, because, folks, that 12 square miles is a lot of homes and it better fit and, you better make that known right now to the developers that that's going to be a prerequisite. That's what I -- that's the way I look at it. Mrs. McCandless, do you have anything that you'd like to say? Meridian City Council Meeting February 11, 2003 Page 39 of 45 McCandless: Just that I would like to see the big picture, because we are going to have an area out there, if we are not careful -- and I like your suggestion of asking the Planning and Zoning to include those views of everything around them, because we are going to have a development out in the north that is just millions of houses and no particular separation between them. I -- I don't want everything to look just alike out there. I have had people come to me and say when are you going to stop. I think we need to take a little more time about these -- these subdivisions. I don't disapprove of this one, but I would like to see the big picture. Corrie: Any other comments? Are you ready to go for Item Number 14, the request for annexation and zoning at this time. Any discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess when I started my comments at the beginning of this application asking for how it relates to the surrounding approved applications, I would imagine the time to really have continued this would have been before closing the Public Hearing. I don't know if Council is ready to act on this at this point from, one, hearing the others would like that kind of relationship comparison as well. Again, I think the applicant has answered my questions as far as the relationship to the schools and to the other -- the other connecting subdivisions, I feel comfortable with it at this point. Maybe it's not with this particular application that we hold it up to say we want to see this, but for future applications. I feel comfortable today passing on it, because of the information that they gave me, but I don't know what your comfort levels are. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think it's because we have -- because there is this pretty fairly large platted piece that may have, again, some other impact on this development, the roadway -- I mean -- and, again, I'm not trying to be difficult, like I say. I was very happy with the other Cedar Springs, I'm not unhappy with this, but I do have a concern with that big blank piece and the relationship to the others. I think Councilwoman de Weerd is correct that they have done a very good job of showing connectivity to schools and the like, but if it's not -- if it's not this piece, it's going to be something else, and, realistically, again, I think there is a concern about how that very large, unplatted piece, is going to work in relation. Realistically, if we approve this, there is not much else they can do with it, except what their concept is bringing forward right now. I'd much rather -- I guess I would feel more comfortable if we reopened the Public Hearing and continued this matter -- and I don't know -- and I don't know how long it would take Planning and Zoning to give us that type of information, whether it's one or two weeks -- I'm not trying to delay something tremendously, but there are some questions here that I guess I -- I Meridian City Council Meeting February 11,2003 Page 40 of 45 don't want to be sitting down tomorrow saying, well, we should have done it again and we didn't. I have done that enough and I don't want to keep doing that and I'm not trying to hold up this one for any particular reason, other than there are some unanswered questions about it that I think we are going to be left with if we just simply approve it. I would rather have at least some idea of what the remainder -- at least around this area looks like before we simply just approve it. De Weerd: Was that a motion? Nary: I'd move we reopen the Public Hearing. McCandless: Second. Corrie: Okay. Motion has been made and seconded to reopen the Public Hearing on Items 14, 15, and 16. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. Then Mr. Nary. Nary: Mr. Mayor. Brad, would one week be adequate to at least give us a better idea of the surrounding developments -- what's at least before you, what's being proposed, so we have some idea in relation to others what those are? I mean we can deal with the future ones, as the Mayor has suggested, of bringing that information for each project, but would one week be adequate for you or your staff to put together something in relation to this project of what we are talking about, so we have some idea of what it looks like in relation to the surrounding property? I'm talking about what's been approved and what's proposed in the surrounding area. Hawkins-Clark: What kind of scope are you -- would you like to see the whole north Meridian area, ten square miles, or are you talking just the immediate sections around this section? Nary: It would be real nice to have 10 square miles, but I don't think you could do that very easily in a week, but -- I mean, obviously, that would be the ideal would be all of it. I recognize that's probably not very practical, but we are probably looking at an area between -- this is -- we are certainly going to have to look at -- this is on the half mile, so we are going to have to look at from Meridian Road to Linder and from Ustick to probably Chinden, because most of those large pieces north of McMillan are one or two parcels, mostly, in the northern section, so we are looking at-- De Weerd: I think four square miles, if you were to do it on the other side of Meridian Road and McMillan Road. Nary: Right. Yes. Meridian City Council Meeting February 11,2003 Page 41 of 45 Hawkins-Clark: I was jotting down this -- as you were talking, you know, we do -- we certainly have been tracking some of this. I mean we -- as they come through, we are looking at the connections and we are looking at the Comprehensive Plan and -- but if what I'm hearing from you -- maybe an aerial photo, you know, with the Preliminary Plats that have already been approved overlaid on that aerial photo. We could show where the school locations are, we could show the total number of lots, and we could show the densities for that area. I think to really do it. I think two weeks would probably be helpful -- would be best. Nary: Well, then, I -- and that's why -- because I think that's the information that we are seekin~ and that being the case, I guess I would move that we continue this matter until the 25 h -- continue this Public Hearing until the 25th of February for that further information from Plan ning and Zoning, continue all three items 14, 15, and 16. Corrie: Okay. Motion has been made. Do I hear a second? McCandless: I will second. Corrie: Okay. Motion has been made and seconded. I would like to add something right here for the Council and for Brad. This is going to make an excellent template for you in the future. Like you said, this aerial photograph and what's around it, you might just take that and run with it for the others that are around it, like we all discussed earlier, and use that as a template for other developers, that they are going to have to go through the same thing. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I would like to ask Mr. Fluke a question before we vote on this. Would it be possible at all to -- by the 25th to have some sort of an idea of what you're going to do with that empty space? Fluke: Well, we have an idea. That's what I described. You want me to give you a layout for it? I could give you a layout, but I don't think it would be -- it wouldn't mean anything more than our idea right now, because the client is not ready to lock in to what he wants to do. I mean it's an eleven-acre piece, 11, and a half acres, you know. We are confident we can make it work. It is designated for medium density residential by the Comp Plan. That's all we can do with it anyway. We are not -- I mean we don't need any other options, other than residential. It really just becomes a question of how it's laid out and we do have an additional connection to McMillan that we have secured with the Highway District. All we need to do is to decide where it's going to go and, then, lock it in with them and we do to need do something of a layout to put that in place, but so -- I mean I could do you -- I could a layout for it, sure, but, you know, it will probably change from that and maybe significantly. You will, of course, see it, because anything (- Meridian City Council Meeting February 11, 2003 Page 42 of 45 we do on that has to come back before this body. McCandless: Yes. I understand. Fluke: It's like they will be re-platted and so we will be right where we are right now. McCandless: But you're talking about multiple -- or two family -- four family apartment or -- Fluke: No. Attached single-family. McCandless: Attached single-family. Fluke: Yes. De Weerd: Duplexes, townhouses, or-- Fluke: Well, we are looking at a row house concept. Right now the R-8 zone would mandate that we could only attach two dwellings at a time. It wouldn't allow us to attach four. It's not an allowed use. We would either have to do a planned development or we would have to do a zone change to come in with the row house concept. It might be that we do have two units attached and, then, two more and two more, you know, to get the row house effect. Of course, we will have the ten feet in between the ones that are not attached, that's if we go under the R-8 zoning. De Weerd: But maybe not a -- specifically a layout, but more a general idea of the number of attached dwellings you will be looking at and if we could maybe verify that you did have the connection out onto McMillan from that area, but -- so a visual, maybe, on access point out and number of dwellings, approximately. You know, a range, at least. Fluke: Okay. Corrie: You might look at -- I don't know if you want to do it now, but diversify a little bit, you are going to have an older age group coming up, you may want to put something in there for them as well. There is other areas that will sell and if you have diversity, you're going to have a lot better neighborhood and to be a -- I don't know about a gated community so much, but you might think about that. We will have a chance to see the big picture of that at one time. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. The only other thing I would say, I would agree with Councilwoman de Weerd, I don't want to -- I don't necessarily want to have to spend the time or the effort MeridIan CIty Council Meeting February 11 . 2003 Page 43 of 45 in showing us a Concept Plan, where the layouts and all that are. We have had some bad experiences before with Kodiak, where they did give us those and, then, it didn't look like that later and, then, that ends up being their problem, so we don't want that. I do think, like the Mayor said and Councilwoman de Weerd said, a little bit better idea of at least what we are talking about and what we are looking at would be helpful. Fluke: Okay. Corrie: Okay. The motion on the floor is for the 25th of August. Nary: February. Corrie: February. Excuse me. The 25th of August. Gary? Thank you. All right. Any further discussion? Okay. All those in favor of the motion say aye. Okay and, then, we will continue the Public Hearing until August the 25th. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. With that being said, it looks like we are at the end of the day. Unless we have any announcements that you would like to do, I will entertain a motion to close the -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And this is really a minor thing, but it's something that we have thought of for a long time, since, I guess, I have been here. We have -- all of our department heads are great to come here and sometimes they even have input on certain projects, but sometimes they don't. I wondered if it's really the best use of some of their time to always have every one of them here. I guess this may be something to think about and, again, I don't always know we will need them, but I don't always know that it's the best use of their time just to be here for all of these meetings until the end of the meetings. I didn't know if some of you had already had discussions on or had any thoughts about, but -- I mean it's nice to have them, but I don't know that we always need to have them here, so -- Corrie: Yes. I -- perhaps only three really is necessary, the Public Works, Planning and Zoning, and the Police Department. We need all the protection we can get, so -- and I like to see their face. We had discussed this in staff meetings and we thought that maybe we could narrow it down a little bit and not have everybody here, so we will discuss that and see what they come up with, if they'd like to, and we will bring it back for the next meeting or two. De Weerd: Mr. Mayor? Meridian City Council Meeting February 11, 2003 Page 44 of 45 Corrie: Mrs. de Weerd. De Weerd: I guess just a comment. You know, I know that Brad Watson is sufficient, unless Gary wants to watch his back for him. I know Gary likes to be here but in regards to Kenny and the two chiefs sitting over there, if -- I know if there is an issue that I would like clarified, if we can't look at it in advance, that -- we meet every single week. We can continue it one week for their input. I think we have caught Chief Worley off guard on occasion and asked him to comment and we wasn't -- he didn't feel comfortable doing that. It seems that we need that kind of delay anyway. No offense to Chief Worley that he's not prepared, but it's just we are not prepared for the question. I would appreciate it if your staff could discuss that and if you and department heads could just -- the appropriate people, they should be here. Corrie: Okay. Sounds good. De Weerd: Well, I thought I heard you say police, Planning and Zoning, and Public Works and -- Corrie: I was being facetious, but -- De Weerd: Oh. Corrie: -- the thing is, we have discussed this and I want to discuss it again and, then, they can bring it back to -- De Weerd: Well, I don't want to leave them dangling. Corrie: Yes. Well, I don't think they dangle too much. Anything else? De Weerd: Mr. Mayor, I guess I do. Ada County Planning and Zoning has on their agenda on the 13th to discuss Westborough. Do we have any concern -- I only see that it's on here. Is there any concern about that project? Corrie: Brad? Hawkins-Clark: There are five one-acre residential lots. There is a school -- elementary school lot on Locust Grove. Then, they have got a five-acre commercial lot on Chinden, which is just going to be left undeveloped at this point in time. De Weerd: Okay and that's what we had seen when they came in about this school connection -- or school utility is that correct? Hawkins-Clark: Right. De Weerd: You feel comfortable with it? Meridian City Council Meeting February 11, 2003 Page 45 of 45 Hawkins-Clark: Yes Public Works, do you -- Watson: Mayor and Council Members, they -- you have directed us or agreed with us to run water and sewer services to the school site and also to the Valley Life Community Church to the north. The intersection of Locust Grove Road and Chinden, and we are proceeding with that. The five lots, the application states they will be individual septic and wells. I really don't have any concern, although I got word about 4:30 today that Ada County Planning wants a letter from us justifying why we are not running water and sewer to those five lots so, I will be doing that tomorrow. I think I can justify it. De Weerd: Okay. Thank you. Mr. Mayor, I move we adjourn. Nary: Second. Corrie: Motion made and seconded to adjourn. All in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: 9: 12. MEETING ADJOURNED AT 9:12 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~:srv. ~', RT D. CORRIE, MAYOR 3 / 1- / {)3 DATE ATTESTED: ;'z .) r~. BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 15.4 ACRES FOR PROPOSED COBBLEFIELD CROSSING SUBDIVISION, LOCATED AT 4450 N. LINDER ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT C/C 01-21-03 Case No. AZ-02-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on January 21,2003, at the hour of7:00 p.m., and David McKinnon Planner II for the Planning and Zoning Department, Brad Watson of the Public Works Department, Rod Ralphs, Tanya Converse, and Brian English, 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 gg 67-6509 and 67-6511, and Meridian City Code gg 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 15.4 acres in size and is located at 4450 N. Linder Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners ofrecord ofthe subject property are Frank Fisher, 4450 N. Linder Road, Meridian and Don Huffman, 4035 Meadowwood, Meridian. Applicant is CMD, Inc., 1661 Shoreline Drive, Ste. 200, Boise, Idaho 83702. 5. The property is presently zoned RUT (Ada County), and consists of vacant land. 6. The Applicant requests the property be zoned as R-8. 7. The subject property is bordered to the north by rural residential properties (5-acre parcels), to the south by Baldwin Park Subdivision (R-8), to the east by agricultural land, and to the west by Bridgetower Crossing Subdivision (office uses). 8. The Appli~ant proposed to develop the subject property in the following manner: single-family detached and attached homes, with one existing single-family residence, thirteen (13) landscaped common lots, two (2) open space/park lots with six (6) workout center features in the open space lot south of McMillan Road and a swimming pool. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential, or Medium Density Residential, in accordance with note number two (2) on the Land Use Map (allowing for an increase in density without a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) Comprehensive Plan Amendment). 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Brian English expressed in his letter dated November 18, 2002. 12. 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: Annexation & Zoning Comments I. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat application, including the maximum allowable density. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) 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 ifthe 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). OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 ifthe 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-toot concrete sidewalk located 2-feet within the right-of- way (ifthe dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately l40-feet north of the south property line, as proposed. 4. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately 1,000-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURElt. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICA nON FORANNEXAnON AND ZONING COBBLEFIELD CROSSING SUBDNISION (AZ-02-024) 7. Dedicate a "temporary stub street" to the District in the form of an easement. The "temporary stub street" will be a 50-foot easement located within the 50-foot flag approximately 760-feet north of the south property line and will extend from the east property line to the west property line. This easement may become a right-of-way in the future (at the sole discretion of the District) at no cost to the District and the costs associated with the construction of the street will be paid by the owner/developer and placed within a Public Right's-of-Way Road Trust deposit. If the 50-foot easement is not utilized to construct a stub street within five years from the date of the signed final plat, the easement and the road trust deposit will expire and revert back to the Owner/developer. 8. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29-foot street section for the roadway around the traffic island. 9. Any proposed landscape islands/medians within the public right-of-way indicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 10. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 11. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 12. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 13. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (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 are required prior to building constructioll in accordance with Ordinance #195, also known as Ada County Highway District Road Impact 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 or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal -restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) 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. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8, 9, 10, 11, 12, 13, 14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) D. Adopt the action of the City Council taken at their January 21,2003 meeting as follows: 1. Based upon the testimony at the City Council meeting on January 21,2003, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as a condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. For clarification, the stub streets shall remain as they are, but as the Applicant develops Cobblefield II, the Applicant shall be required to work closely with Brian English on where the stub street will be located on the English property. Additionally, Brian English and Tanya Converse are encouraged to work together to create a stub street that enables both of the properties to have access off of Linder. 3. For clarification, so that the fencing matches the subdivision to the south, fencing along Linder Road shall be vinyl. Additionally, the remaining fencing may be cedar and shall require to be hot wired because of the horses on the adjacent property, if such is necessary to keep the horses from destroying the fence. 4. The Applicant, through public testimony during the January 21, 2003 meeting, stated that the existing irrigation rights of the adjacent property owners shall not be interfered with, and the irrigation shall remain as it presently exists. 13. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to be "Low Density Residential." While the proposed 5+ dwelling units per acre density is not allowed under the "Low Density" designation, the Comprehensive Plan does allow a density upgrade to "Medium" without a formal Comp Plan amendment. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) 15. It is found that the proposed single family residential subdivision will be allowed within the requested R-8 zone, (if accompanied with an approved Conditional Use Permit for a Planned Development). 16. It is found that the land to the south is being developed in a manner similar to the proposed subdivision. It is also found that the requested zoning designation ofR-8 is harmonious with the recently approved adjacent development (Baldwin Park), also zoned R-8, and may be rezoned in the requested manner. Additionally, the annexation and preliminary plat approval of Bridgetower Crossing Subdivision immediately to the west signifies a change in the area that would support the proposed use. ACHD has reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). 17. It is found that the proposed use (single family residential) will not change the existing or intended character of the area, which is low to medium density residential. 18. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors, as long as fencing and other recommended conditions are exercised. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services. 20. 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. 21. It is found that the proposed subdivision will not create excessive traffic, noise or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is also that traffic and noise will increase with the approval of this subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off ofN. Linder Road will create new interference with the existing traffic on aforementioned roads, however staff does not believe that the subdivision entrances will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that the annexation of this property would be in the best interest of the City. 25. 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. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to requirc.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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) 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. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 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 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions ofthe City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose ofthe R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A 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 15.4 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 15.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofldaho, and shall conform FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation & Zoning Comments I. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available fwm the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat application, including the maximum allowable density. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 ifthe 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). OR FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING cOBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 located 2-feet within the right-of- way (if the dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all of the internal roadways as 36-foot street section with curb, gutter and S-foot concrete sidewalk within 50-feet of right-of-way, as proposed. S. Construct a stub street to extend to the south property line approximately 1,000-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Dedicate a "temporary stub street" to the District in the form of an easement. The "temporary stub street" will be a 50-foot easement located within the 50-foot flag approximately 760-feet north ofthe south property line and will extend from the east property line to the west property line. This easement may become a right-of-way in the future (at the sole discretion of the District) at no cost to the District and the costs associated with the construction of the street will be paid by the owner/developer and placed within a Public Right's-of-Way Road Trust deposit. Ifthe 50-foot easement is not utilized to construct a stub street within five years FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING cOBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) from the date of the signed final plat, the easement and the road trust deposit will expire and revert back to the Owner/developer. 8. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29-foot street section for the roadway around the traffic island. 9. Any proposed landscape islands/medians within the public right-of-way indicated by this plat shall be owned and maintained by a homeowners associatioE Notes ofthis are required on the final plat. 10. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a proposed island or median. 11. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 12. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 13. 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 years 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) 6. The applicmt shall submit revised plans for staff approval) prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application) shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows; 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFJELD CROSSING SUBDIVISION (AZ-02-024) 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8,9, 10, 11, 12, 13, 14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7,8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 D. Adopt the action of the City Council taken at their January 21,2003 meeting as follows: 1. Based upon the testimony at the City Council meeting on January 21,2003, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as a condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ ACHD Group. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page] 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. For clarification, the stub streets shall remain as they are, but as the Applicant develops Cobblefield II, the Applicant shall be required to work with Brian English on where the stub street will be located on the English property. Additionally, Brian English and Tanya Converse are encouraged to work together to create a stub street that enables both of the properties to have access off of Linder. 3. For clarification, so that the fencing matches the subdivision to the south, fencing along Linder Road shall be vinyl. Additionally, the remaining fencing may be cedar and shall require to be hot wired because of the horses on the adjacent property, if such is necessary to keep the horses from destroying the fence. 4. The Applicant, through public testimony during the January 21,2003 meeting, stated that the existing irrigation rights of the adjacent property owners shall not be interfered with, and the irrigation shall remain as it presently exists. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe application to (R-8) Medium Density Residential District, and Meridian City Code g 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 g 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code g 67-6521 an affected person is a person who has an interest in real property FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the lL~ day of ref.rr~ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~t COUNCIL WOMAN TAMMY de WEERD VOTED* VOTEDJft1- VOTED~ COUNCIL WOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2.~II~o3 MOTION: APPROVED:~APPROVED: VOTED .- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. \\\\\111l11!1i11 \\\\\\O'f Mr:Q./,III// ,.....\ ~ . '-~ ~:z.}1 4 ....~> $"' <' ,00t) _~#"~/LJ ~";~ l3y~d::~{{). Dated: 2-iz.-t')3 I C; ,,"c,os~:'~~'O'J' \ City Clerk ~ I!b"-:J!'J ~ - '1' CJ- ::; C; CD 0':: ::; 0/, ~ ~ ~ ~ '1: ....Sr 1S\ ' x'.$' ..;.. :0 fi ,(", "?' " ~. -, ....v ,.... /<'111 .00Ul'rf'i. \\,;:. Z:\ W ork\M\Meridian\Meridian] 53 60M\CcbbJefield Crossing Sub AZ-02"()24 PP-02"()22 CUP-02"()32\AzIlft!:!??R~~~r;;Aoe\ \ \ FINDINGS OF FACT ANL CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR COBBLEFIELD CROSSING SUBDIVISION FOR 73 BUILDING LOTS AND 15 OTHER LOTS ON 15.4 ACRES LOCATED AT 4450 N. LINDER ROAD, MERIDIAN, IDAHO BY: CMD, INC., APPLICANT C/C 01/21/03 Revised 02/12/03 ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on January 21,2003, and David McKinnon Planner II for the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Rod Ralphs, Tanya Converse, and Brian English, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Interim Director for the Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record ofthis matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR: COBBLEFIELD CORSSING SUBDIVISION A PORTION OF THE NW ~ OF SECTION 36, T.4.N., R.l.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, PRELIMINARY SITE PLAN, CLIENT: CMD, INC., JOB NUMBER: 02127.002, CAD FILE: SITELA YOUT, DESGINED BY: SLG, DRAWN BY: SLG, CHECKED BY: JRL, DELIVERY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION I (pP-02-022) 1 DATE: 08/15/02, SHEET NUMBER: 1, REVISIONS 1: 12/17/02 SLG REVISED PER CITY COMMENTS, ST AMED: DEC 17 2002 CITY OF MERIDIAN CITY CLERK OFFICE, CMD, INC. - DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", CMD, Inc. Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code g 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code g 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (pP-02-022) 2 and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. S. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council ofthe Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration ofthis approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR: COBBLEFIELD CORSSING SUBDIVISION A PORTION OF THE NW 14 OF SECTION 36, TA.N., R.1.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, PRELIMINARY SITE PLAN, CLIENT: CMD, INC., JOB NUMBER: 02127.002, CAD FILE: SITELAYOUT, DESGINED BY: SLG, DRAWN BY: SLG, CHECKED BY: JRL, DELIVERY DATE: 08/15/02, SHEET NUMBER: 1, REVISIONS 1: 12/17/02 SLG REVISED PER CITY COMMENTS, STAMED: DEC 172002 CITY OF MERIDIAN CITY CLERK OFFICE, CMD, INC. - DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (PP-02-022) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat ofthe applicant as evidenced by "PRELIMINARY PLAT FOR: COBBLEFIELD CORSSING SUBDNISION A PORTION OF THE NW ~ OF SECTION 36, T.4.N., R.1.W., RM., ADA COUNTY, IDAHO AUGUST 2002, PRELIMINARY SITE PLAN, CLIENT: CMD, INC., JOB NUMBER: 02127.002, CAD FILE: SITELAYOUT, DESGINED BY: SLG, DRAWN BY: SLG, CHECKED BY: JRL, DELNERY DATE: 08/15/02, SHEET NUMBER: 1, REVISIONS 1: 12/17/02 SLG REVISED PER CITY COMMENTS, STAMED: DEC 172002 CITY OF MERIDIAN CITY CLERK OFFICE, CMD, INC. - DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", CMD, Inc. Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments / Preliminary Plat 1. Sanitary sewer service to this site shall be via main line extensions from the existing mains adjacent to the property. This development shall be subject to sanitary sewer latecomer fees to reimburse those responsible for extending sewer service into the area. The latecomer fees for each lot shall be due and payable upon signature on final plat. 2. Domestic water service tot his site shall b e v ia main line extensions from the existing mains adjacent to the property. 3. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDNISION / (pP-02-022) 4 4. The applicant has indicated that a pressurized irrigation system will be provided within this development will be to be owned and maintained by the Settler's Irrigation District, revise the plat to show how the system is going to be served (ie connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application ofthe final plat. A 6- foot solid fence shall be required along the north and east boundaries of the subdivision unless the City agrees in writing that such a fence is not required. 6. Setbacks within the subdivision shall be reduced to allow S-foot side yard setbacks regardless of number of stories, provided no fences or other structural encroachments be permitted in any required side yard setback area. 7. In accordance with MCC 12-13-10-8, Applicant shall provide detached sidewalks adjacent to N. Linder Road. 8. Street side setbacks shall be reduced to 10-feet, provided that a condition ofthis plat shall be that all structures constructed within 20 feet of a side street shall provide at least one window of at least six (6) square feet in size. 9. Add or revise the following preliminary plat notes: . Correct #1 ofthe "Development Data" table to reflect the number of buildable lots is 73, not 72. · Add a note to face ofthe plat regarding the "Right to Farm Act" 10. Submit ten (10) copies of a revised plat to the City Clerk's Office. General Comments 1. Submit a copy ofthe Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION I (pP-02-022) 5 corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter 0 f creditor cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 7. laO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 9. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 25-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (pP-02-022) 6 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 15. If ACHD does not permit direct lot access to Linder Road for the existing house on Lot 2 Block 2, the landscape buffer (Lot 1 Block2) shall be required to be twenty-five feet (25') wide adjacent on the southern edge ofthe property and taper down to fifteen feet (15') wide as it travels north, to accommodate the driveway access to the proposed Cobblefield Drive. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48- feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (PP-02-022) 7 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). OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 ifthe 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 located 2-feet within the right-of- way (if the dedicated right-of-way is 48-feet from centerline) or ifthe sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all of the internal roadways as 36-foot street section with curb, gutter and S-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately I,OOO-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (PP-02-022) 8 7. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of IOO-square feet and provide a minimum of a 29-foot street section for the roadway around the traffic island. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis are required on the final plat. 9. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 10. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 11. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 12. 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 years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. S. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDNISION / (pP-02-022) 9 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 ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION I (pP-02-022) 10 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end ofthe project. 9. The roadways shall be built to Ada County Highway Standards and shall have a c1eardriving surface, available at all times, which is 20' wide. Lots 8, 9, 10, 11, 12, 13, 14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 D. Adopt the Central District Health Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION I (PP-02-022) 11 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subj ect project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the action of the City Council taken at their January 21,2003 meeting as follows: 1. For clarification, the stub roads shall remain as they are presently shown on the preliminary plat. 2. The Applicant shall be required to submit a fencing plan with the final plat. By action of the City Council at its regular meeting held on the day of fti3YUJt.,i,f ,2003. ROLLCALL fl.{t.- COUNCILMAN BIRD VOTED ftk/l,{rLt COUNCILWOMANdeWEERD VOTED~ VOTED~ VOTED~ .- VOTED COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: Q-11~o3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION I (pP-02-022) 12 MOTION: ~ APPROVED' DISAPPROVED: Copy served upon Applicant, The Planning and Zoning Department~ Public Works Department and City Attorney. By JI;.a.~ft4j' ~ v ' City Clerk \\\\1\1111/11/1/ \\\ f !lc~- I" ........\\\! 0 f'Jli:::.F?ID 111/// ........ ~..... .'09 'l ".... c} ,..v........ nl'1;" /~ " 0""..' .,.,., r, , .1;--.' -4.,-,-)";, .......... 2-/2 --P 3 f ~('j <-'0 \ " Dated: Z:\Work\M\Meridian\Meridian 15360M\Cobblefield Crossing Sub AZ-02-024 PP-Q2-022 CUP-02-032\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION I (pP-02-022) 13 ") j BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COBBLEFIELD CROSSING SUBDIVISION IN AN R-8 ZONE, LOCATED AT 4450 N. LINDER ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT C/C 01121/03 Revised 02/12/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-032 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 21,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McKinnon Planner II for the Planning and Zoning Department, Brad Watson of the Public Works Department, Rod Ralphs, Tanya Converse and Brian English, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for January 21,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 21,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason ofthe provisions of the Meridian City Code g 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 4450 N. Linder Road, Meridian, Idaho. S. The owners of record of the subject property are Frank Fisher, 4450 N. Linder Road, Meridian, Idaho and Don Huffman, 4035 Meadow Wood, Meridian, Idaho. 6. Applicant is CMD. Inc., 1661 Shoreline Drive, Ste. 200, Boise, Idaho 83702. 7. The subject property is currently zoned RUT by Ada County. There is, however, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 an application for annexation and zoning to R-8 before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of 64 single family detached building lots, 8 single family attached building lots, and 1 existing home lot for a total of73 lots, and including 15 other lots for common landscape lots and open space/park lots. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Low Density Residential or Medium Density Residential, in accordance with note number two (2) on the Land Use Map (allowing for an increase in density without a Comprehensive Plan Amendment.) 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognized the concerns of Brian English expressed in his letter dated November 18, 2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall submit a Certificate of Zoning Compliance application for the proposed common/park lot and its associated amenities prior to applying for building permits. 3. All development shall comply with the Americans with Disabilities Act and the Pair Housing Act. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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). FINDINGS OF FAIT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 located 2-feet within the right-of-way (if the dedicated right-of-way is 48-feet from centerline) or ifthe sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all ofthe internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately 1,000- feet east of Linder Road, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29- foot street section for the roadway around the traffic island. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 9. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 11. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 12. 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 years 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 are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 6 applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8, 9, 10, 11, 12, 13, 14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 D. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 14. That the proposed use and development plan will be harmonious with the Amended Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map adopted August 6, 2002, Resolution No. 02-382, designates the property as "Low Density Residential". The proposed residential uses are harmonious with and in accordance with the Amended Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks. If the project is approved as a Planned Development, it will meet the minimum requirements ofthe Meridian City Code. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character ofthe general vicinity and that such use will not adversely change the essential character of the same area. It is found that the proposed residential subdivision use will be harmonious with the intended and existing character ofthe area. Baldwin Park Subdivision, directly south of the proposed project, has an average of 65-foot wide lots, approximately 10-12 feet wider than Cobblefield Crossing's abutting lots. It is deemed that single family detached housing adjacent to single family housing is similar and compatible. 16. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 water, sewer. 18. That the proposed 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. 19. It is found that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval ofthe subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 20. That the proposed use will not create significant interference with any traffic on the surrounding public streets. ACHD did submit a report for the project. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and xn, Chapter I, Meridian City Code. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 3. As part ofa zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 ( i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6. 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 64 single family detached building lots, 8 single family attached building lots, and 1 existing home lot for a total of73 lots, and including 15 other lots for common landscape lots and open space/park lots in an R-8 zone located at 4450 N. Linder Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall submit a Certificate of Zoning Compliance application for the proposed common/park lot and its associated amenities prior to applying for building permits. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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). OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 ifthe 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of-way (if the dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately l40-feet north of the south property line, as proposed. 4. Construct all ofthe internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. S. Construct a stub street to extend to the south property line approximately 1,000- feet east of Linder Road, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340- feet east of Linder Road, as proposed. Install a sign at the terminus ofthe roadway stating that, I1THIS ROAD WILL BE EXTENDED IN THE FUTURE It . 7. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29- foot street section for the roadway around the traffic island. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 9. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 10. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 11. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval L 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 FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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 years 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 are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT M 16 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. S. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end ofthe project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8, 9, 10, 11, 12, 13, 14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 to the knuckles on Blocks 6, 7,8 & 9 shall be posted ''No Parking Fire Lane". UFC 902.2 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code g 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit m accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I L -tt...- day of _rih-vu()(,r~ ' 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ./tb <;tn.t COUNCILWOMAN TAMMY deWEERD VOTED~ FINDINGS OF FACI' AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 COUNCILWOMAN CHERIE Mc CANDLESS VOTED. VOTED~ COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2-U-\0? VOTED MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY~~-2~1 s;t Ity Clerk' ,. 2--/2-tJ3 Dated: \\\\llltlIlU{" ,\\ c: ilIe"~ I111 ",\' "{ O. lVu:.lTlf'. 1,,/,,/ " " VL., ..;. ..:::' G 0<?0.... -TA. 'l 2' ,GOr~l V'!"4 h ~ y ~ ~ ~ <-"'0 -; ~ S SEAL - 7('", [? ~ ~ -a ct.. ,\C) 0 ~ ~ "0 &'1s1 . x:.f Z:\Work\M\Meridian\Meridian I 5360M\Cobblefield Crossing Sub AZ-02-024 PP-02-022 CUP-02-032\FfOSCUP02-032~6r:0or fc '-:-i , ~~~""..::- . < ,..' > ." i', \ \1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COBBLEFIELD CROSSING SUBDIVISION IN AN R-8 ZONE, LOCATED AT 4450 N. LINDER ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT C/C 01/21/03 Revised 02/12/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-032 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the January 21,2003, under the provisions of Meridian City Code g 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 64 single family detached building lots, 8 single family attached building lots, and 1 existing home for a total of 73 lots. and including 15 other lots for common landscape lots and open space/park lot in an R-8 zone located at 4450 N. Linder Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-032) -1 Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall submit a Certificate of Zoning Compliance application for the proposed common/park lot and its associated amenities prior to applying for building permits. 3. All development shall comply with the Americans with Disabilities Act and the Pair Housing Act. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 ofthe 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). OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 (cmTently Ordinance #195). ORDER CONDITIONAL USE PERMIT (CUP-02-032) -2 2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of-way (if the dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately 1,000- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREll. 7. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 1 DO-square feet and provide a minimum of a 29- foot street section for the roadway around the traffic island. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 9. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 10. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 11. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 12. 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. ORDER CONDITIONAL USE PERMIT (CUP-02-032) -3 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 years 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 are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, ORDER CONDITIONAL USE PERMIT (CUP-02-032) -4 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. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. S. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8, 9, 10, 11, 12, 13, 14, 15 on Block 4 shall be posted ''No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. ORDER CONDITIONAL USE PERMIT (CUP-02-032) -5 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 D. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. , t,.ft--- By action of the City Council at its regular meeting held on the l day of ri~l-La.f("r ORDER CONDITIONAL USE PERMIT (CUP-02-032) -6 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: JI,t$~?/j~;/l:_ City Clerk Dated: 2-12-() 3 . \ \,11111! f 1I't; ,,\. n - III ,"'", of '\!.r::.fi'fr.. II11 ,..... '~UJ- .......... '- A .:"c) ,,- .............:\' !')';'o 1/-11 ~ " (j CP'2., ,-,.94 r", v ~ .::- ~~"" {.o ~ .:::......." ::: ~ ~ "" S~;.~t.L ~ '7 &::: ~ (1-, ,05 ::: -;:. -O""u -. 0..... ~ '0 'Sr 191" . ~.f '1-; ...., 'f) "t '-~ "//IIII~OV'NTi ,~""", f .]! i~~~ i,".- ~ ~> %1" \ \ Z:\Work\M\Meridian\Meridian I 5360M\Cobbletield Crossing Sub AZ-02-024 Pp-02-0n CUP-02-032\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-032) -7 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01/28/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A DRIVE- THRU ) WINDOW AT ALBERTSONS ) EMPLOYEES' FEDERAL CREDIT ) UNION IN A C-C ZONE, LOCATED ) ON THE SOUTH SIDE OF E. ) OVERLAND ROAD, EAST OF S. ) EAGLE ROAD, MERIDIAN, IDAHO ) ) ALBERTSONS EMPLOYEES' ) FEDERAL CREDIT UNION, ) ) APPLICANT ) ) Case No. CUP-02-043 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 28,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Casey Huse, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 28,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 28, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-C zone and by reason of the provisions of the Meridian City Code g 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at on the south side ofE. Overland Road, east of8. Eagle Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner of record ofthe subject property is The Sundance Company, 9100 W. Blackeagle Drive, Boise, Idaho 83709. 6. Applicant is Albertsons Employees' Federal Credit Union, P.O. Box 8145, Boise, Idaho 83707. 7. The subject property is currently zoned C-c. The zoning district ofC-C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a drive-thru window for Albertsons Employees' Federal Credit Union. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the govermnental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. The submitted landscape plan (Sheet L-1.0, prepared by Tom South, dated 11-01-02) shall be revised as follows: a. The single blue spruce tree located in the street buffer shall be replaced with a deciduous tree per the City's Landscape Ordinance. b. The landscape buffer in the southeast comer of the parking lot shall be widened into the parking lot to provide at least five (5) feet oflandscaping adjacent to the parking, in accordance with the City's Landscape Ordinance. A revised copy ofthe landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. The parking plan shall be revised to show standard 9'x19' stalls with a 25'foot wide driveway aisle in accordance with Meridian City Code 11-13-4 F. 4. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Code. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 6 Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter 0 f credit or cash in the amount 0 f 110% 0 fthe cost 0 fthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restri ctions/ conditions. B. Adopt the Recommendations of ACHD as follows: On March 14, 2001, the Ada County Highway District Commissioners acted on Silverstone Corporate Center. The conditions and requirements also apply to CUP-02-043. Site Specific Requirements: 1. Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 2. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a fmal 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 be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. The following access points on Overland Road are approved with this application: · 400-feet east of Eagle Road (western driveway) · 690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway) · 1,070-feet east of Eagle Road (public street) 4. The following access points on Eagle Road are approved with this application: . A driveway located on Eagle Road approximately 440-feet south of Overland Road is approved with this application. . A driveway located on Eagle Road approximately 1, 150-feet south of Overland Road is approved with this application. . A public street (spine road) located on Eagle Road approximately 1,700- feet south of Overland Road is approved with this application. . A public street (stubbing to the east property line) located on Eagle Road approximately 2,400-feet south of Overland Road is approved with t"bis application. 5. Construct a spine road through the site with connections at Overland Road and Eagle Road, located as proposed. Construct the roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7 - feet wide, and the street shall be constructed within 64-feet of right-of-way. If the applicant constructs detached sidewalks, the sidewalk shall be constructed 5- feet wide, and the street shall be constructed within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 6. This applicant should enter into a written agreement with the District for the construction, timing and funding of the two proposed traffic signals: one on Overland Road located at the quarter-mile, and one on Eagle Road at approximately the half-mile. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer shall be financially responsible for the cost of one-half of the signal. If the properties across from this subdivision have not been developed prior to the signal warrant, the applicant of this site shall fund 100% of the cost of the signals. At the time that those properties across the street develop, a road trust will be acquired and this applicant shall be reimbursed for one half of the cost of the signal. 7. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. 8. The applicant shall coordinate the intersection designs with District Traffic Services staff. 9. Driveways on the proposed spine road shall be located a minimum distance of I 75-feet from Eagle Road and Overland Road, and shall align or offset a minimum of 125-feet from any proposed driveways. 10. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The applicant shall: construct the island as a true roundabout; eliminate the driveways; or eliminate the island. 11. Construct a public roadway on Eagle Road approximately 2,400 feet south of Overland Road, as proposed. This roadway should be construct as a local/commercial street with a 40-foot street section within 58-feet ofright-of- way. Provide a paved temporary turnaround at the east end ofthe stub with a temporary easement provided to the District. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff." 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 13. Irrigation facilities shall be relocated outside of the new right-of-way on Overland Road and E 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 16. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. 17. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall owned and maintained by Silverstone owners. Notes of this shall be required on the final plat. 18. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation ofwhv such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified ofthe date and time ofthe Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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. 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. 8. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. 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. C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Please allow 10' clearance inside of the waste enclosure gates. D. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow 0 f 1 ,000 gallons per minute shall b e available for duration 0 f 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. 6. Provide a vertical clearance of 13'6" on all drive thru areas. 13. Although some minor modifications will need to be made to the landscape plan and the parking plan, it is found that the site is large enough to accommodate the proposed required parking, landscaping, and other features required of a drive-through use by this ordinance. 14. That current Comprehensive Plan Land Use Map designates the property as "Commercial" and is currently zoned "C-C". It is found that the requested "drive-through" use is a "Conditional Use" according to MCC 11-8-1. It is found that the use will be harmonious with the Meridian Zoning Ordinance and the Comprehensive Plan. 15. It is found that the proposed development will not adversely change the essential character ofthe general vicinity (currently a mix of commercial and office uses) and will be harmonious with the intended character of the same area. 16. It is not believed that the proposed use will not adversely affect other property in the vicinity. 17. It is found that the proposed development will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. 20. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets as long as ACHD requirements are enforce. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use permit. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code g 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Community Business District (C- C), a public hearing shall be conducted with notice to be published and provided to property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the land Imder consideration for the conditional use permit all in accordance with the provisions of Meridian City Code g 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code g 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a drive-thru window for Albertsons Employees' Federal Credit Union in a C-C zone located on the south side ofE. Overland Road, east ofS. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. The submitted landscape plan (Sheet L-l.O, prepared by Tom South, dated 11-01-02) shall be revised as follows: a. The single blue spruce tree located in the street buffer shall be replaced with a deciduous tree per the City's Landscape Ordinance. b. The landscape buffer in the southeast corner of the parking lot shall be widened into the parking lot to provide at least five (5) feet oflandscaping adjacent to the parking, in accordance with the City's Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 3. The parking plan shall be revised to show standard 9'xI9' stalls with a2S'foot wide driveway aisle in accordance with Meridian City Code 11-13-4 F. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Enviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost ofthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. B. Adopt the Recommendations of ACHD as follows: On March 14, 2001, the Ada County Highway District Commissioners acted on Silverstone Corporate Center. The conditions and requirements also apply to CUP-02-043. Site Specific Requirements: 1. Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. 2. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. The following access points on Overland Road are approved with this application: · 400-feet east of Eagle Road (western driveway) · 690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway) . 1,070-feet east of Eagle Road (public street) 4. The following access points on Eagle Road are approved with this application: . A driveway located on Eagle Road approximately 440-feet south of Overland Road is approved with this application. . A driveway located on Eagle Road approximately 1,150-feet south of Overland Road is approved with this application. . A public street (spine road) located on Eagle Road approximately 1,700- feet south of Overland Road is approved with this application. . A public street (stubbing to the east property line) located on Eagle Road approximately 2,400-feet south of Overland Road is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 5. Construct a spine road through the site with connections at Overland Road and Eagle Road, located as proposed. Construct the roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7-feet wide, and the street shall be constructed within 64-feet of right-of-way. If the applicant constructs detached sidewalks, the sidewalk shall be constructed S-feet wide, and the street shall be constructed within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 6. This applicant should enter into a written agreement with the District for the construction, timing and funding of the two proposed traffic signals: one on Overland Road located at the quarter-mile, and one on Eagle Road at approximately the half-mile. Traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer shall be financially responsible for the cost of one-half of the signal. If the properties across from this subdivision have not been developed prior to the signal warrant, the applicant of this site shall fund 100% of the cost of the signals. At the time that those properties across the street develop, a road trust will be acquired and this applicant shall be reimbursed for one half of the cost of the signal. 7. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. 8. The applicant shall coordinate the intersection designs with District Traffic Services staff. 9. Driveways on the proposed spine road shall be located a minimum distance of 175-feet from Eagle Road and Overland Road, and shall align or offset a minimum of 125-feet from any proposed driveways. 10. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The applicant shall: construct the island as a true roundabout; eliminate the driveways; or eliminate the island. 11. Construct a public roadway on Eagle Road approximately 2,400 feet south of Overland Road, as proposed. This roadway should be construct as a locallcommercial street with a 40-foot street section within 58-feet of right- of- way. Provide a paved temporary turnaround at the east end ofthe stub with a temporary easement provided to the District. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -17 EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the d€sign of the turnaround with District staff." 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 13. Irrigation facilities shall be relocated outside of the new right-of-way on Overland Road and Eagle Road. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. 16. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. 17. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall owned and maintained by Silverstone owners. Notes of this shall be required on the final plat. 18. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 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. 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. 8. No change in the terms and conditions oftms approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 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. C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Please allow 10' clearance inside of the waste enclosure gates. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. 6. Provide a vertical clearance of 13' 6" on all drive thru areas. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code g 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the I!~ day of fibr-tLMtj ,2003. J ROLL CALL: COUNCILMAN KEITH BIRD VOTED a 6UJvt- COUNCILWOMAN TAMMY deWEERD VOTED g;tea- COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~CL.- COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYORROBERTD. CORRIE (TIE BREAKER) VOTED - DATED: 2--//-t/3 MOTION: f1')~ APPROVED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:JI~~:;/~- City Clerk (7 \11 II \l1l11 "lll{ I, ,II OF M"- III \\" ",--{ t::A'k) I/,i// ~... c}\ ~ ........ " 0"'01:> .A. ..- /'7 /2-fJ3$ ,Cp"",- '14)':; -y ~ ~- ::: ~ ~-:.. - ~ Dated: SEAL ~ ~ 0'::: -;:: % OJ ::: Z:\Work\M\Meridian\Meridian 15360M\Albertson's Employees' Federal Credit Union CUP-02-043\FfCIsCUP02-04{a.j:lc<1 (-J.,. 18'1 ,'-: .X-O! ~ f a "t~\>-' ,.....' ....//1 o.';~ r:,-J'T~J \-~/ \"\."\,' .Lli~f'", ',,~~t,;~, >I ;~1\.\\,\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01128/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FORA DRIVE-THRU ) WINDOW AT ALBERTSONS ) EMPLOYEES' FEDERAL CREDIT ) UNION IN A C-C ZONE, LOCATED ) ON THE SOUTH SIDE OF E. ) OVERLAND ROAD, EAST OF S. ) EAGLE ROAD, MERIDIAN, IDAHO ) ) ALBERTSONS EMPLOYEES' ) FEDERAL CREDIT UNION, ) ) APPLICANT ) ) Case No. CUP-02-043 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the January 28,2003, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a drive- thru window at Albertsons Employees' Federal Credit Union in a C-C zone located on the south side of E. Overland Road, east of S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-043) -1 ( Site Specific Requirements 1. The submitted landscape plan (Sheet L-1. 0, prepared by Tom South, dated 11-01-02) shall be revised as follows: a. The single blue spruce tree located in the street buffer shall be replaced with a deciduous tree per the City's Landscape Ordinance. b. The landscape buffer in the southeast comer ofthe parking lot shall be widened into the parking lot to provide at least five (5) feet oflandscaping adjacent to the parking, in accordance with the City's Landscape Ordinance. A revised copy ofthe landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. The parking plan shall be revised to show standard 9'xI9' stalls with a 25'foot wide driveway aisle in accordance with Meridian City Code 11-13-4 F. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog Ii Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited ORDER CONDITIONAL USE PERMIT (CUP-02-043) -2 unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form ofa letter 0 fcredit or cash in the amount of110% 0 fthe cost 0 [the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions! conditions. B. Adopt the Recommendations of ACHD as follows: On March 14, 2001, the Ada County Highway District Commissioners acted on Silverstone Corporate Center. The conditions and requirements also apply to CUP-02-043. Site Specific Requirements: 1. Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. 2. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair ORDER CONDITIONAL USE PERMIT (CUP-02-043) -3 market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. The following access points on Overland Road are approved with this application: . 400-feet east of Eagle Road (western driveway) . 690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway) . 1,070-feet east of Eagle Road (public street) 4. The following access points on Eagle Road are approved with this application: . A driveway located on Eagle Road approximately 440-feet south of Overland Road is approved with this application. . A driveway located on Eagle Road approximately 1,1 50-feet south of Overland Road is approved with this application. . A public street (spine road) located on Eagle Road approximately 1,700- feet south of Overland Road is approved with this application. . A public street (stubbing to the east property line) located on Eagle Road approximately 2,400-feet south of Overland Road is approved with this application. 5. Construct a spine road through the site with cOllllections at Overland Road and Eagle Road, located as proposed. Construct the roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7-feet wide, and the street shall be constructed within 64-feet of right-of-way. lfthe applicant constructs detached sidewalks, the sidewalk shall be constructed 5-feet wide, and the street shall be constructed within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 6. This applicant should enter into a written agreement with the District for the construction, timing and funding of the two proposed traffic signals: one on Overland Road located at the quarter-mile, and one on Eagle Road at approximately the half-mile. Traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer shall be financially responsible for the cost of one-half of the signal. lfthe properties across from this subdivision have not been developed prior to the signal warrant, the applicant of this site shall fund 100% ofthe cost ofthe signals. At the time that those properties across the street develop, a road trust will be acquired and this applicant shall be reimbursed for one half of the cost of the signal. ORDER CONDITIONAL USE PERMIT (CUP-02-043) -4 7. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. 8. The applicant shall coordinate the intersection designs with District Traffic Services staff. 9. Driveways on the proposed spine road shall be located a minimum distance of 1 75-feet from Eagle Road and Overland Road, and shall align or offset a minimum of 125-feet from any proposed driveways. 10. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The applicant shall: construct the island as a true roundabout; eliminate the driveways; or eliminate the island. 11. Construct a public roadway on Eagle Road approximately 2,400 feet south of Overland Road, as proposed. This roadway should be construct as a local/commercial street with a 40-foot street section within 58-feet of right- of- way. Provide a paved temporary turnaround at the east end of the stub with a temporary easement provided to the District. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff." 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 13. Irrigation facilities shall be relocated outside ofthe new right-of-way on Overland Road and Eagle Road. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. 16. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. 17. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall owned and maintained by Silverstone owners. Notes ofthis shall be required on the final plat. ORDER CONDITIONAL USE PERMIT (CUP-02-043) -5 18. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. rfthe Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 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. ORDER CONDITIONAL USE PERMIT ( CUP-02-043) -6 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. 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. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Please allow 10' clearance inside of the waste enclosure gates. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow 0 f 1 ,000 gallons p er minute shall b e available for duration 0 f 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian ORDER CONDITIONAL USE PERMIT (CUP-02-043) -7 Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. 6. Provide a vertical clearance of 13'6" on all drive thru areas. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the liB day of fi6r~J ,2003. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:Jf~k~C)- City Clerk Dated: :2.//2.....t&.3 ~ 'G ~ "'1:' 0& '\;) 0 .:: -;. fO :Sf 'C'" , ," Z:\Work\M\Meridian\Meridian I 5360M\Albertson's Employees' Federal Credit Union CUP-02-Q43\OrderCUp':doc)1 .: '-' . ~'" y" '/, (\..... ~ .," '/i'/J:';, t,,'-,(ft\fT'l.. \\\,.. ORDER CONDITIONAL USE PERMIT _ 8 '.!; i'd :"Hln\\\\ (CUP-02-043) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN clc 01/28/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A DRIVE- THRU ) WINDOW FOR A COFFEE AND ) ICE CREAM SHOP IN A C-N ZONE, ) LOCATED 1551 W. CHERRY LANE ) IN THE LINDER CROSSING ) RETAIL CENTER - SOUTHEAST ) CORNER OF WEST CHERRY ) LANE AND NORTH LINDER ) ROAD, MERIDIAN, IDAHO ) ) STUBBLEFIELD DEVELOPMENT ) COMPANY, ) ) APPLICANT ) ) Case No. CUP-02-042 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 28,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and John Stubblefield, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 28,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 28,2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-N zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1551 W. Cherry Lane in the Linder Crossing retail center - southeast corner of West Cherry Lane and North Linder Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner of record ofthe subject property is Stubblefield Development Company, P.O. Box 327, Meridian, Idaho 83680. 6. Applicant is the same as owner of record. 7. The subject property is currently zoned C-N. The zoning district ofC-N is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a coffee/ice cream shop located in Linder Crossing. The C-N zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Directional signage shall be provided for the drive-thru at the Cherry Lane entrance, directing traffic around the building to enter the drive-thru properly. 2. Noise levels from the drive-thru speakers shall not exceed 55 decibels, as measured at the property line. The P&Z Commission also recommends that the applicant attempt to find a "directional" speaker for the drive-thru to further reduce noise for the neighboring properties. 3. Signage shall be added near the southeast comer of the building (adjacent to the drive-thru) requesting that patrons be courteous to the neighbors by keeping noise levels down (i.e. not playing radios too loudly, etc.). 4. Applicant shall add an evergreen tree on the southeast portion of the property, just east of the trash enclosure, for additional buffering. The other trees shown in the planter along the south property line behind the drive-thru shall also be evergreen. 5. The parking space at the southeast comer of the building shall be blocked off with either a concrete curbing or a landscape concrete planter to provide for additional stacking depth for the drive-thru without blocking parking spaces. 6. The business using the drive-thru shall not change to a more intense, traffic- generating use (i.e. fast food) without a new Conditional Use Permit. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Landscaping shall be installed per the submitted and previously approved land~ plans (Sheet TI-l.O, prepared by Architects Northwest, dated September 2002). All landscaping shall be continuously maintained and any dead ordyingvegetationshall be replaced upon request from the City. 2. Hours of operation for the drive-through window shall be limited to 6:00am to 1 0:00pm Sunday-Thursday and 6:00am to 11 :OOpm on Fridays and Saturdays. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 3. All exterior lighting, whether attached to the building or located within the parking lot, shalL be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. AU parking lot lighting shall be in accordance with Ordinance ll-13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter 0 f credit or c ash in the amount 0 f 110% 0 fthe cost 0 fthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/ condi tions. C. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 On August 7, 2002, the Ada County Highway District Commissioners acted on CZC-02- 027. The conditions and requirements also apply to CUP-02-042. Site Svecific Conditions of Avvroval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of 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 be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the appropriate ACHD Ordinance in effect at the time of the request (currently Ordinance #195). 2. Construct a maximum 35-foot wide driveway on Linder Road, located approximately 200-feet south ofthe signalized intersection at Cherry Lane. Construct an on-site island to restrict the driveway to right-in/right-out. Coordinate the design ofthe island with Traffic Services staff for review and approval. The island may have to be constructed within the new right-of-way to be effective. Pave the driveway its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. Construct a maximum 35-foot wide driveway on Cherry Lane located approximately 400-feet east of Linder Road. This driveway shall be shared with the parcel directly to the east OR; it shall be restricted to right-in/right-out. Prior to construction plan approval for this driveway, the applicant shall provide a recorded cross access easement to ACHD staff for the parcel to the east to use this parcel for access to the public streets. If a cross access agreement is not reached, the driveway shall be restricted to right-in/right-out. Pave the driveway its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Cherry Lane with IS-foot curb radii. 3. Provide a minimum of 50-feet of on-site stacking for all approved driveways. 4. Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 5. Close the existing driveway on Linder Road, located approximately 85-feet south of the north property line, with landscaping, berming, temporary curbing, or other ACHD approved method to prohibit access to the driveway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 6. In lieu of constructing the sidewalk improvements on Linder Road, the applicant shall provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing 5-foot wide concrete sidewalk abutting the parcel (approximately lOO-feet) on Linder Road prior to issuance of a building permit. 7. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Cherry Lane is prohibited. 8. 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 years 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 are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 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 ACHDright-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fIre-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. E. Adopt the Recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any food establishment. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Comprehensive Plan ofthe City of Meridian, which was adopted December 21, 1993, Ord. 629, January4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a coffeelice cream shop located in Linder Crossing in a C-N zone located at 1551 W. Cherry Lane, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Directional signage shall be provided for the drive-thru at the Cherry Lane entrance, directing traffic around the building to enter the drive-thru properly. 2. Noise levels from the drive-thru speakers shall not exceed 55 decibels, as measured at the property line. The P&Z Commission also recommends that the applicant attempt to find a "directional" speaker for the drive-thru to further reduce noise for the neighboring properties. 3. Signage shall be added near the southeast corner of the building (adjacent to the drive- thru) requesting that patrons be courteous to the neighbors by keeping noise levels down (i.e. not playing radios too loudly, etc.). 4. Applicant shall add an evergreen tree on the southeast portion ofthe property, just east of the trash enclosure, for additional buffering. The other trees shown in the planter along the south property line behind the drive-thru shall also be evergreen. 5. The parking space at the southeast comer of the building shall be blocked offwith either a concrete curbing or a landscape concrete planter to provide for additional stacking depth for the drive-thru without blocking parking spaces. 6. The business using the dri ve-thru shall not change to a more intense, traffic-generating use (i.e. fast food) without a new Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Landscaping shall be installed per the submitted and previously approved landscape plans (Sheet TI-1.0, prepared by Architects Northwest, dated September 2002). All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. Hours of operation for the drive-through window shall be limited to 6:00am to 10:00pm Sunday-Thursday and 6:00am to 11 :OOpm on Fridays and Saturdays. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Me ri di an standards and policies. Off- site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictionsl conditions. C. Adopt the Recommendations of ACHD as follows: On August 7, 2002, the Ada County Highway District Commissioners acted on C2C-02- (}' The conditions and requirements also apply to CUP-02-042. Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of 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 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 appropriate ACHD Ordinance in effect at the time of the request (currently Ordinance #195). 2. Construct a maximum 35-foot wide driveway on Linder Road, located approximately 200-feet south of the signalized intersection at Cherry Lane. Construct an on-site island to restrict the driveway to right-inlright-out. Coordinate the design of the island with Traffic Services staff for review and approval. The island may have to be constructed within the new right-of-way to be effective. Pave the driveway its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Construct a maximum 35-foot wide driveway on Cherry Lane located approximately 400-feet east of Linder Road. This driveway shall be shared with the parcel directly to the east OR; it shall be restricted to right-inlright-out. Prior to construction plan approval for this driveway, the applicant shall provide a recorded cross access easement to ACHD staff for the parcel to the east to use this parcel for access to the public streets. If a cross access agreement is not reached, the driveway shall be restricted to right-inlright-out. Pave the driveway its full FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Cherry Lane with IS-foot curb radii. 3. Provide a minimum of 50-feet of on-site stacking for all approved driveways. 4. Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 5. Close the existing driveway on Linder Road, located approximately 85-feet south of the north property line, with landscaping, berming, temporary curbing, or other ACHD approved method to prohibit access to the driveway. 6. In lieu of constructing the sidewalk improvements on Linder Road, the applicant shall provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing 5-foot wide concrete sidewalk abutting the parcel (approximately 1 GO-feet) on Linder Road prior to issuance of a building permit. 7. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Cherry Lane is prohibited. 8. 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 years 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400'. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -17 F. Adopt the Recommendations of Sanitary Service Company as follows: 1. Enclosure is adequate, but the enclosure could use a little more clearance inside of the gates when open. G. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. It appears all storm drainage is being retained on site according to the plans dated October 21,2002 and signed by Randall Haverfield. However, if the storm drainage is changed the District will require a Land Use Change 1 Site application. 2. According to the plans the proposed application will not impact the Nampa & Meridian Irrigation District and no further review is necessary. 14. That the site is large enough to accommodate the required parking, landscaping, and other features required of a drive-through use by MCC ordinance. 15. The current Comprehensive Plan Land Use Map designates the property as "Commercial" and is currently zoned "C-N". It is found that the requested "Drive-Through" use is a "Conditional Use" according to MCCll-8-1. It is also found that if the drive-through use is approved with conditions by the Commission and Council, the use will be harmonious with the Meridian Zoning Ordinance and the Comprehensive Plan. 16. It is found that the proposed development will not change the existing or intended character of the general vicinity (currently a mix of commercial, residential, and restaurant uses). 17. It is found that if the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 18. It is found that the proposed development will be adequately served by the essential public facilities and services. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 the public. 20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use, if the applicant complies with all the conditions required by all agencies. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are enforced. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance ofthis conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subj ect to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms ofthe ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftraffic, noise, smoke, fumes; glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Neighborhood Business District (C-N), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. E. Adopt the Recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any food establishment. F. Adopt the Recommendations of Sanitary Service Company as follows: 1. Enclosure is adequate, but the enclosure could use a little more clearance inside of the gates when open. G. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. It appears all storm drainage is being retained on site according to the plans dated October 21, 2002 and signed by Randall Haverfield. However, if the storm drainage is changed the District will require a Land Use Change / Site application. 3. According to the plans the proposed application will not impact the Nampa & Meridian Irrigation District and no further review is necessary. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. pursuant to Idaho Code 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / /-I.!:= day of fi26/rUti./L-t{ .2003. u ROLL CALL: COUNCILMAN KEITH BIRD VOTED tfl6 Feh/t: COUNCILWOMAN TAMMY deWEERD VOTED g;:e tL COUNCILWOMAN CHERIE Mc CANDLESS VOTED flU bL COUNCILMAN WILLIAM L.M. NARY VOTED pPG MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2-//-03 - MOTION: ~ APPROVED: ' DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY:~~.#~ ,~ City Clerk Dated: \\\\1l1l1HUUI \\\\ 0':: ~;;'- /11/ ,-,"'. -{ . IH1.::fTl{) 1//// "", ~ n.-. ~ /'/ ~ C; 01'". ut? . i1,- '/ ~ ~0 "I~ -;. :: ~ 6 ~ :2 -/2 -tJ 3t Q1[ ~ 11 ~ . ~ ~.t'2.LJ - ~ 7(" &::; S 1?, Qij "C,) 0 $ -.:;. <:;1 ,<Jr 13\ . ...."1.::.$ ~ "'1 ~' ~ ""/t. 00R !"';-:-'( ~'\"...... I'/i.., ....,,,, . \\,\' '. . ;;'1\\1\ Z:\Work\M\Meridian\Meridian 15360M\Linder Crossing CUP-02-042\FlClsCUP02-042.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 01/28/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A DRIVE- THRU ) WINDOW FOR A COFFEE AND ) ICE cREAME SHOP IN A C-N ) ZONE, LOCATED 1551 W. ) CHERRY LANE IN THE LINDER ) CROSSING RETAIL CENTER - ) SOUTHEAST CORNER OF WEST ) CHERRY LANE AND NORTH ) LINDER ROAD, MERIDIAN, ) IDAHO ) ) STUBBLEFIELD DEVELOPMENT ) COMPANY, ) } APPLICANT ) ) Case No. CUP-02-042 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on January 28,2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a coffeelice cream shop located in Linder Crossing in a C-N zone located at 1551 W. Cherry Lane, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-042) - 1 / r 1. Directional signage shall be provided for the drive-thru at the Cherry Lane entrance, directing traffic around the building to enter the drive-thru properly. 2. Noise levels from the drive-thru speakers shall not exceed 55 decibels, as measured at the property line. The P&Z Commission also recommends that the applicant attempt to find a "directional" speaker for the drive-thru to further reduce noise for the neighboring properties. 3. Signage shall be added near the southeast comer of the building (adjacent to the drive-thru) requesting that patrons be courteous to the neighbors by keeping noise levels down (i.e. not playing radios too loudly, etc.). 4. Applicant shall add an evergreen tree on the southeast portion of the property, just east of the trash enclosure, for additional buffering. The other trees shown in the planter along the south property line behind the drive-thru shall also be evergreen. 5. The parking space at the southeast comer of the building shall be blocked offwith either a concrete curbing or a landscape concrete planter to provide for additional stacking depth for the drive-thru without blocking parking spaces. 6. The business using the drive-thru shall not change to a more intense, traffic- generating use (i.e. fast food) without a new Conditional Use Permit. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Landscaping shall be installed per the submitted and previously approved land~ plans (Sheet TI-l.0, prepared by Architects Northwest, dated September 2002). All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. Hours of operation for the drive-through window shall be limited to 6:00am to 1 0:00pm Sunday-Thursday and 6:00am to 11 :OOpm on Fridays and Saturdays. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. ORDER CONDITIONAL USE PERMIT (CUP-02-042) -2 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a 1 etter 0 f credit or cash in the amount 0 f 110% 0 fthe cost 0 fthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictionsl condi ti ons. C. Adopt the Recommendations of ACHD as follows: On August 7, 2002, the Ada County Highway District Commissioners acted on C2C-02- 027. The conditions and requirements also apply to CUP-02-042. ORDER CONDITIONAL USE PERMIT (CUP-02-042) -3 Site Specific Conditions of Approval 1. Dedicate 48- feet of right-of-way from the centerline of Linder Road abutting the parcel by means of 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 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 appropriate ACHD Ordinance in effect at the time of the request (currently Ordinance #195). 2. Construct a maximmn 35-foot wide driveway on Linder Road, located approximately 200-feet south of the signalized intersection at Cherry Lane. Construct an on-site island to restrict the driveway to right-inlright-out. Coordinate the design of the island with Traffic Services staff for review and approval. The island may have to be constructed within the new right-of-way to be effective. Pave the driveway its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with l5-foot radii abutting the existing roadway edge. Construct a maximum 35-foot wide driveway on Cherry Lane located approximately 400-feet east of Linder Road. This driveway shall be shared with the parcel directly to the east OR; it shall be restricted to right-inlright-out. Prior to construction plan approval for this driveway, the applicant shall provide a recorded cross access easement to ACHD staff for the parcel to the east to use this parcel for access to the public streets. If a cross access agreement is not reached, the driveway shall be restricted to right-inlright-out. Pave the driveway its full width of 30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Cherry Lane with IS-foot curb radii. 3. Provide a minimum of 50-feet of on-site stacking for all approved driveways. 4. Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 5. Close the existing driveway on Linder Road, located approximately 85-feet south of the north property line, with landscaping, berming, temporary curbing, or other ACHD approved method to prohibit access to the driveway. 6. In lieu of constructing the sidewalk improvements on Linder Road, the applicant shall provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund for the ORDER CONDITIONAL USE PERMIT (cUP-02-042) -4 cost of constructing 5-foot wide concrete sidewalk abutting the parcel (approximately 100-feet) on Linder Road prior to issuance of a building permit. 7. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Cherry Lane is prohibited. 8. 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 years 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 ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. ORDER CONDITIONAL USE PERMIT (CUP-02-042) -5 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 ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. E. Adopt the Recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any food establishment. ORDER CONDITIONAL USE PERMIT (CUP-02-042) -6 F. Adopt the Recommendations of Sanitary Service Company as follows: 1. Enclosure is adequate, but the enclosure could use a little more clearance inside of the gates when open. G. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. It appears all storm drainage is being retained on site according to the plans dated October 21,2002 and signed by Randall Haverfield. However, if the storm drainage is changed the District will require a Land Use Change / Site application. 2. According to the plans the proposed application will not impact the Nampa & Meridian Irrigation District and no further review is necessary. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the h6;---tLU/t.. ?f o //iil day of , 2003. ORDER CONDITIONAL USE PERMIT (CUP-02-042) -7 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ~fi~ {l CI y Clerk ' Dated: ~ -/2- -() 3 z:\ Work\M\Meridian\Meridian I 5360M\Linder Crossing CUP-02-042\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-042) \\\\lilll/lllllf \\\\\ Of af1.,.~ 'III ,\\ ,I lV/i'-i:J>:!^ II" " d", --i,v", I" " &' "'1.. "'/ ~' 00?PORA,- '1-- ~ ..... ~'!' "'-"4"'. .-:. :: ~- ~A-:;' ~ v ~ SEAL _ ~ r')... ::. """Q D'" :;:. 7' \. i./<"1 ,Gj '"" $ -::.- :0, Q'181. /" .:.v ;:- ~:,.~ ~1 ._ -~ _t*~ $' '/ Q,.... ,~,'--" /"1.> (.if" to. 1-r'f ~v <" "il_. ".<., I . \\\\\ . ~ ;;;11\\ -8 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN B IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A SPORTS BAR & GRILL IN A C-G ZONE, LOCATED ON THE NORTH SIDE OF E. WILSON LANE, EAST OF NORTH LOCUST GROVE ROAD, MERIDIAN, IDAHO MICHAEL McGUINNESS, APPLICANT CIC 01/28/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. cUP-02-044 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 28,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Michael McGuinness, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 28,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 28,2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side ofE. Wilson Lane, east ofN. Locust Grove Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner of record ofthe subject property is William Geyer, 967 E. Parkcenter Blvd., Boise, Idaho 83706. 6. Applicant is Michael McGuinness, 3872 Bunchberry Way, Boise, Idaho 83704. 7. The subject property is currently zoned C-G. The zoning district ofC-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a sports bar and grill in a C-G zone. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Landscaping shall be installed per a submitted landscape plan that shall be approved by the Planning and Zoning Department. A 111 andscaping s hall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance l1-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. The applicant shall obtain a Certificate of Zoning Compliance from the Planning and Zoning Department prior to submitting for a building permit. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter 0 f credit 0 r cash in the amount 0 f 110% 0 fthe cost 0 fthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 11. A Certificate of Zoning Compliance and a Building Permi t shall be obtained prior to the start of construction. 12. The area west of the tavern, along the boundary with Eddy's Bakery Outlet, shall be landscaped with grass and trees in accord with the Landscape Ordinance. Non vegetative ground cover shall not be used. A revised landscape plan shall be submitted to staff for approval prior to issuance of any building permit. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire land around the building. 6. Comply with the Fire Code in effect at the time the build plans are submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any foodJbeverage establishment. 2. Applicant must contact Deb Carney at CDHD 327-8527 regarding licensure. D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. File a Land Use Change/Site Application with the Irrigation District for its reVIew. 2. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review the drainage plans. The developer must comply with Idaho Code 31-3805. It is also recommended that irrigation water be made available to all developments within the District. E. Adopt the Recommendations of Sanitary Service Company as follows: 1. The waste enclosure is too narrow. Allow 10' minimum inside the gate posts, preferred clearance would be 11'. F. Adopt the action ofthe City Council taken at their January 28,2003 meeting as follows: 1. For clarification, the Applicant, Micheal McGuinness, stated on public record at the January 28,2003 meeting that the project property was not in an industrial zone; that the C-G zone is not an area that allows club dancing, and that Mr. McGuinness would not be making the sports bar and grill an entertainment/dance type of establishment. 14. That the site is large enough to accommodate the required parking, landscaping, and other features required of a barlgrill use by the MCC Ordinance. 15. The current Comprehensive Plan Land Use Map designates the property as "Commercial" and is currently zoned "C_G". It is found that the requested "Bar/A1coholic Drinking Establishment" use is a "Conditional Use" according to MCC 11-8-1, signifying that, if approved with the conditions that it will be in harmony with the Meridian Zoning Ordinance and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 the Comprehensive Plan. 16. It is found that the proposed development will not change the existing or intended character of the general vicinity (currently a mix of commercial, office, and restaurant). 17. It is not anticipated that the proposed use will have any adverse effect on nearby properties. 18. It is found that the proposed development will be adequately served by the essential public facilities and services. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance ofthis conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G); a public hearing shall be conducted with notice to be published and provided to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission. H 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan ofthe City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a sports bar and grill in a C-G zone located on the north side ofE. Wilson Lane, east ofN. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Landscaping shall be installed per a submitted landscape plan that shall be approved by the Planning and Zoning Department. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. The applicant shall obtain a Certificate of Zoning Compliance from the Planning and Zoning Department prior to submitting for a building permit. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off- site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictionsl conditions. 11. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 12. The area west of the tavern, along the boundary with Eddy's Bakery Outlet, shall be landscaped with grass and trees in accord with the Landscape Ordinance. Non vegetative ground cover shall not be used. A revised landscape plan shall be submitted to staff for approval prior to issuance of any building permit. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire land around the building. 6. Comply with the Fire Code in effect at the time the build plans are submitted. C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any foodlbeverage establishment. 2. Applicant must contact Deb Carney at CDHD 327-8527 regarding licensure. D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 1. File a Land Use ChangelSite Application with the Irrigation District for its reVIew. - 2. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review the drainage plans. The developer must comply with Idaho Code 31-3805. It is also recommended that irrigation water be made available to all developments within the District. E. Adopt the Recommendations of Sanitary Service Company as follows: 1. The waste enclosure is too narrow. Allow 10' minimum inside the gate posts, preferred clearance would be 11'. F. Adopt the action of the City Council taken at their January 28,2003 meeting as follows: 1. For clarification, the Applicant, Micheal McGuinness, stated on public record at the January 28,2003 meeting that the project property was not in an industrial zone; that the C-G zone is not an area that allows club dancing, and that Mr. McGuinness would not be making the sports bar and grill an entertainment/dance type of establishment. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date oftms decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. J.. / -IlL day of By action of the City Council at its regular meeting held on the t.i R?.G~q , 2003. ../ ROLL CALL: COUNCILMAN KEITH BIRD VOTED ctbFen-.C- COUNCILWOMAN TAMMY deWEERD VOTED pA-- COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED fJ&/L MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2-//-03 - MOTION: ~ APPROVED' 7~~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:JI-#~4--;J~ ~ City Clerk Dated: 2-/2--& 3 I \ 1\\ 11.11/111 " ,II 1'1 ,\\ OC . I); ", -{ 1 '/, .....' ~ '"~ ',.!'.,. ,," r}.. ~:kn!''"")D__,''''~c.... ~~~ .::- v O~ " ..... - ir"r I:.,~~ "',," ~ ~ if.-v "6\ ~ i ~ \ ~ :: 01i{ tit. if I ::: .lLl$ll.U ::: - ~ f?; ~ c.QUr'\ ,l'.)j 0 g ~ "'.0 >':jr 161' . ~.$ "/ ~ ",,\'(' '" ...... -10 \v ...' '/111[ OlJf\IT'l. \\\", Ille. .'~'\\\ ql~~{:i.~~ ~;,~ot Z:\Work\M\Meridian\Meridian I 5360M\Muggsy's Bar & Grill CUP-02-044\FfClsCUP02-044.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A SPORTS BAR & GRILL IN A C-G ZONE, LOCATED ON THE NORTH SIDE OF E. WILSON LANE, EAST OF NORTH LOCUST GROVE ROAD, MERIDIAN, IDAHO MICHAEL McGUINNESS, APPLICANT clC 01128/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-044 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on January 28,2003, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a sports bar and grill in a C-G zone located on the north side of E. Wilson Lane, east ofN. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Landscaping shall be installed per a submitted landscape plan that shall be approved ORDER CONDITIONAL USE PERMIT (CUP-02-044) -1 by the Planning and Zoning Department. A III andscaping s hall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. The applicant shall obtain a Certificate of Zoning Compliance from the Planning and Zoning Department prior to submitting for a building permit. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a 1 etter 0 f credit 0 r cash in the amount 0 f 110% 0 fthe cost 0 fthe required ORDER CONDITIONAL USE PERMIT (CUP-02-044) -2 improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 11. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 12. The area west of the tavern, along the boundary with Eddy's Bakery Outlet, shall be landscaped with grass and trees in accord with the Landscape Ordinance. Non vegetative ground cover shall not be used. A revised landscape plan shall be submitted to staff for approval prior to issuance of any building permit. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire land around the building. 6. Comply with the Fire Code in effect at the time the build plans are submitted. C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any foodlbeverage establishment 2. Applicant must contact Deb Carney at CDHD 327-8527 regarding licensure. D. Adopt the Recommendations ofNarnpa & Meridian Irrigation District as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-044) -3 1. File a Land Use Change/Site Application with the Irrigation District for its review. 2. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review the drainage plans. The developer must comply with Idaho Code 31-3805. It is also recommended that irrigation water be made available to all developments within the District. E. Adopt the Recommendations of Sanitary SelVice Company as follows: 1. The waste enclosure is too narrow. Allow 10' minimum inside the gate posts, preferred clearance would be 11'. F. Adopt the action ofthe City Council taken at their January 28,2003 meeting as follows: 1. For clarification, the Applicant, Micheal McGuinness, stated on public record at the January 28, 2003 meeting that the project property was not in an industrial zone; that the C-G zone is not an area that allows club dancing, and that Mr. McGuinness would not be making the sports bar and grill an entertainment/dance type of establishment. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions ofMeridial1 City Code 9 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the //1YL day of r:e 6 ruWt bJ {/ ,2003. o~ ORDER CONDITIONAL USE PERMIT (CUP-02-044) -4 By:cJI~k~ ~ City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. \\,\\1111101l1111 \\1 <C ~<... Ilf ,.;:.\\ ~ Or \Ci'1/{);//,,,. " ~ ~ JJr;. '''/ j:' (j Of.f'0fi. ;,1 h ""J"~ ~ ~ ~0 $'6 -:. :2 2 /13:::: ~ ~ Dated: -/ -(/ ~ """'~ " ow ~ _ fil1Ll ::: ~.." r?::: '-" 0::; , V"^ ,,0 :: ~ 6<lt"1 \,)U<:,,\ '> ~O.:::- .-. U\ 0::., ~s\ . "." ~ ....-..... v& ~ "'~ "'- " ~~ -;; ","C)\h ....,..... ~ 'v" /111 ' \\\,\\. /i//;_ ,\\, Z:\Work\M\Meridian\Meridian 15360M\Muggsy's Bar & Grill CUP-OZ-044\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-044) -5 7 " ./ BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 35.94 ACRES FOR PROPOSED BURNEY GLEN SUBDIVISION, LOCATED ON THE EAST SIDE OF MERIDIAN ROAD, ~ MILE NORTH OF USTICK ROAD, MERIDIAN, IDAHO PROPERTIES WEST, INC., APPLICANT C/C 01-28-03 Case No. AZ-02-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on January 28,2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Daren Fluke, and John Barnes, 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 99 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDIVISION (AZ-02-026) Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 35.94 acres in size and is located on the east side of Meridian Road, 12 mile north of Us tick Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Wanda White Trust, clo Pamela Geile, 4399 N. Meridian Road, Meridian, Idaho 83642. Applicant is Properties West, Inc., P.O. Box 2797, Boise, Idaho 83701. 5. The property is presently zoned RUT (Ada County), and consists of vacant land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential District). 7. The subject property is bordered to the north by rural residential and the proposed Havasu Creek Subdivision, to the south by Sundance Place Subdivision, to the east by the proposed Havasu Creek Subdivision, and to the west by rural residential. 8. The Applicant proposes to develop the subject property in the following manner: Burney Glen Subdivision, a 117 building lot single-family residential subdivision. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDIVISION (AZ-02-026) 11. 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 ofthe Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 35-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACrID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe 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 5-foot concrete sidewalk abutting the site on Meridian Road. Locate the sidewalk 2-feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement. 3. Construct West Burney Glenn Drive to intersect North Meridian Road approximately 250-feet north ofthe south property line, as proposed. 4. Construct West Fulham Court to align with West Halpin Drive or offset FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDIVISION (AZ-02-026) the roadway a minimum of 125-feet. 5. Construct Burney Glen Drive as a residential collector from Meridian Road to Donavan Way, as proposed. Construct this portion of the roadway as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. Direct lot access and front on housing is prohibited on residential collectors 6. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. 7. Extend West Welford Drive from the east property line approximately 300-feet north ofthe south property line, as proposed. 8. Extend North Rickerby Way from the south property line approximately 990-feet west ofthe east property line, as proposed. 9. Extend North Donovan Way from the south property line approximately 490-feet east of the west property line, as proposed. 10. Extend North Kilberry Way from the north property line approximately 740-feet west of the east property line, as proposed. 11. Construct a stub street, North Donavan Way, that extends to the north property line approximately 650-feet east of the west property line, as proposed. Construct a temporary turnaround with a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Design the roundabout with 21-foot street sections on either side of the center island without driveways near or accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design ofthe roundabout with traffic services staff. 13. Construct a left-turn and right-turn deceleration lane on Meridian Road for traffic turning into the site at the Burney Glenn Drive intersection. Coordinate the design ofthe lane with District staff (387-6140). 14. Construct a right-turn deceleration lane on Meridian Road for traffic turning into the site at the Burney Glenn Drive intersection. Coordinate the design of the lane with District staff (387-6140). 15. Construct two knuckles without islands within the subdivision, as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDNISION (AZ-02-026) proposed. 16. Provide a minimum turning radius of 45-feet for the cu-de-sac turnarounds 17. Construct landscape islands on West Burney Glenn Drive and West Halpin Drive, as proposed. Provide a minimum of2l-feet (measured back-of-curb to back-of-curb) on either side of the island to safely channel traffic. The island shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 18. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 19. Other than the access points specifically approved with this application, direct lot access to Meridian Road and Burney Glen Drive is prohibited. These restrictions shall be noted on the final Plat. 20. 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 years 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDNISION (AZ-02-026) Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use 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 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. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDNISION (AZ-02-026) 1. One and two family dwellings will require a frre-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. This may affect the landscape islands in Block 8 Lot 1, Block 11 Lot 1, Block 13 Lot 1, Block 5 Lot 1, they may have to be posted ''No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. D. Additionally, adopt the action of the City Council taken at their January 28, 2003 meeting as follows: 1. The applicant shall be required to include a pathway on the northern side of the open space, going from east to west, and connect the pathway to each of the roads on the far eastern side and to the western roundabout. 12. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to be "Medium Density Residential", allowing 3-8 dwelling units per acre. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDIVISION (AZ-02-026) 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed single family residential subdivision will be allowed within the requested R -8 zone. 15. It is found that the land to the south is being developed in a manner similar to the proposed subdivision. It is also found that the requested zoning designation ofR-8 is harmonious with the recently approved adjacent development(s) and should be rezoned in the requested manner. 16. It is found that the proposed use (single family residential) will not change the existing or intended character of the area, which is low to medium density residential. 17. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 18. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public 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. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare ofthe surrounding area. The fact is also that traffic and noise will increase with the approval ofthis subdivision; however it is felt that the amount generated will not be detrimental to the public welfare ofthe city. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDIVISION (AZ-02-026) 21. It is found that the subdivision's vehicular approach on Meridian Road will create new interference with the existing traffic, however it is not believed that the subdivision entrances will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 23. It is found that the annexation of this property would be in the best interest of the City. 24. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Pact No. 11, 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. 25. It is also found that the development considerations as referenced in Finding No. 11 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 ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDIVISION (AZ-02-026) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 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 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 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. 5. The zoning ofMediUIll Density Residential (R-8) is defined in the Zoning Ordinance at 911-7-2 D as follows: (R-8) Medium Densitv Residential District: The purpose ofthe R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDMSION (AZ-02-026) authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which 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 35.94 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 35.94 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDIVISION (AZ-02-026) 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. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 35-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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 ifthe 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 5-foot concrete sidewalk abutting the site on Meridian Road. Locate the sidewalk 2-feet within the new right-of-way. Ifthe sidewalk meanders outside of the right-of-way, provide the District with an easement. 3. Construct West Burney Glenn Drive to intersect North Meridian Road approximately 250-feet north of the south property line, as proposed. 4. Construct West Fulham Court to align with West Halpin Drive or offset the roadway a minimum of 125-feet. 5. Construct Burney Glen Drive as a residential collector from Meridian Road to Donavan Way, as proposed. Construct this portion ofthe roadway as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. Direct lot access and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDNISION (AZ-02-026) front on housing is prohibited on residential collectors 6. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. 7. Extend West Welford Drive from the east property line approximately 300-feet north of the south property line, as proposed. 8. Extend North Rickerby Way from the south property line approximately 990-feet west of the east property line, as proposed. 9. Extend North Donovan Way from the south property line approximately 490-feet east of the west property line, as proposed. 10. Extend North Kilberry Way from the north property line approximately 740-feet west of the east property line, as proposed. 11. Construct a stub street, North Donavan Way, that extends to the north property line approximately 650-feet east of the west property line, as proposed. Construct a temporary turnaround with a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 12. Design the roundabout with 2l-foot street sections on either side of the center island without driveways near or accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 13. Construct a left-turn and right-turn deceleration lane on Meridian Road for traffic turning into the site at the Burney Glenn Drive intersection. Coordinate the design ofthe lane with District staff (387-6140). 14. Construct a right-turn deceleration lane on Meridian Road for traffic turning into the site at the Burney Glenn Drive intersection. Coordinate the design of the lane with District staff (387-6140). 15. Construct two knuckles without islands within the subdivision, as proposed. 16. Provide a minimum turning radius of 45-feet for the cu-de-sac turnarounds 17. Construct landscape islands on West Burney Glenn Drive and West Halpin Drive, as proposed. Provide a minimum of 2 I-feet (measured FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDNISION (AZ-02-026) back-of-curb to back-of-curb) on either side of the island to safely channel traffic. The island shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 18. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subj ect to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 19. Other than the access points specifically approved with this application, direct lot access to Meridian Road and Burney Glen Drive is prohibited. These restrictions shall be noted on the final Plat. 20. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe 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 years 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDNISION (AZ-02-026) 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDNISION (AZ-02-026) 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius 0[28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. This may affect the landscape islands in Block 8 Lot 1, Block 11 Lot 1, Block 13 Lot 1, Block 5 Lot 1, they may have to be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. D. Additionally, adopt the action of the City Council taken at their January 28,2003 meeting as follows: 1. The applicant shall be required to include a pathway on the northern side of the open space, going from east to west, and connect the pathway to each of the roads on the far eastern side and to the western roundabout. 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-8) Medium Density Residential District, and Meridian City Code 9 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDNISION (AZ-02-026) with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. //.fi::. By action of the City Council at its regular meeting held on the ( I day of Fe 6fZUvl--~ {/ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED abJ-I!/l.-1- COUNCILWOMAN TAMMY deWEERD VOTED~tL COUNCILWOMAN CHERIE Mc CANDLESS VOTED$tL COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2-/1-03 VOTED - MOTION: ~ APPROVE : DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG BURNEY GLEN SUBDIVISION (AZ-02-026) \\\\111 II tJ Illillll \\\\ OF Mi~ III; \\.... ~-( :Cf?/t) ''t/ ..,"" (} .(.,'l .-:;.. ~ ~ rOHPO!1'A",:rz,. ~.... ~ ,-v '''1F.ii-. .... - L~ ~ r7."" ~/J3::: -W '0-:;;' By: ~.o-. 7 Dated: C, -( v --V g ~ Ity Clerk ~ ~ SEAL :: ~.'C, f? ::;. Q, CbC) :::: Z:\Work\M\Meridian\Meridian 15360M\Bumey Glen Sub AZ-02-026 PP-02-025 VAR-03-001"A. 'i6'lrl&(Yr(i}(,d9.Q.-r '\ .,,0':: -;.~'<"k. " f 15 I ' .,.A':;' -;, 3 '>-' " 0'/, \;\) , ", 1<, ,. ,'" .Iii ;. '-\\\\ . ,i\ll. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BURNEY GLEN SUBDIVISION (AZ-02-026) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 01/28/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR BURNEY GLEN ) SUBDIVISION FOR 119 BUILDING ) LOTS AND 12 OTHER LOTS ON ) 35.94 ACRES LOCATED ON THE ) EAST SIDE OF NORTH MERIDIAN ) ROAD AND NORTH OF EAST ) USTICK ROAD, MERIDIAN, ) IDAHO ) ) BY: PROPERTIES WEST, INC., ) APPLICANT ) ) Case No. PP-02-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on January 28, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Daren Fluke, and John Barnes, appeared and testified, and the City Council having received a report from David McKinnon Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council ofthe Planning and Zoning Commission and the applicant having submitted the "BURNEY GLEN SUBDNISON MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT NW1I4, SEC. 31, T.4.N., R.1.E., B.M., ADA COUNTY, IDAHO, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11842, SHEET 1/0F 5, HANDWRITTEN DATE: 1-6-03, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT BURNEY GLEN SUBDNISION / (pP-02-025) 1 F:\ProjectManagers\GAL\11842\11842-Dra\dwg\11842ppl.dwg, PROPERTIES WEST, INe.- OWNERlDEVELOPER, J-U-B ENGINEERS, INC. - ENGINEER", Properties West, Inc. Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development ifthe plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary p 1at approvaL 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician ill, and as proposed by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION / (pP-02-025) 2 as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing ofthe preliminary plat herein designated as: "BURNEY GLEN SUBDNISON MERIDIAN, ADA COUNTY, IDAHO, PRELlJV[INARY PLAT NW1I4, SEC. 31, TA.N., R.l.E., B.M., ADA COUNTY, IDAHO, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11842, SHEET 1I0F 5, HANDWRITTEN DATE: 1-6-03, F:\ProjectManagers\GAL\11842\ll842-Dra\dwg\11842pp1.dwg, PROPERTIES WEST, INC.- OWNERlDEVELOPER, J-U-B ENGINEERS, lNe. - ENGINEER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "BURNEY GLEN SUBDIVISON MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT NW1I4, SEC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION / (pP~02-025) 3 31, TA.N., R.l.E., B.M., ADA COUNTY, IDAHO, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11842, SHEET 1/0F 5, HANDWRITTEN DATE: 1-6- 03, F:\ProjectManagers\GAL\11842\11842-Dra\dwg\11842ppl.dwg, PROPERTIES WEST, INC. - OWNERlDEVELOPER, J-U-B ENGINEERS, INe. - ENGINEER", Properties West, Inc. Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations/Notations of the Planning and Zoning Commission as follows: 1. The revised plat has changed from the 117 building lots and 15 other lots to 119 building lots and 12 other lots. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments 1 Preliminary Plat 1. Sanitary sewer and water service to this site shall be via main line extensions from existing mains adjacent to the property. 2. Applicant shall submit ground water monitoring data to the Public Works Department covering the period from the initial investigation to the present. 3. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties, including N. Meridian Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The applicant has indicated that a pressurized irrigation system within this development will be owned and maintained by the Settler's Irrigation District. Revise the plat to show how the system is going to be served (i.e. connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMlNARY PLAT BURNEY GLEN SUBDNISION I (pP-02-025) 4 surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application ofthe final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. 6. Add or revise the following preliminary plat notes: (14.) Add a note to the face of the plat restricting direct lot access to Meridian Road unless specifically permitted by ACHD and the City of Meridian. (15.) Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight-obscuring material is used for fence construction. (16.) Add a note to the face of the plat regarding the "Right to Farm Act" . (17.) Add a note to the face of the plat to dedicate lO-foot rear yard, and 5-foot side yard easements for public utilities, drainage, and irrigation. 7. Add pedestrian pathways between Lots 5-6, Block 6 and Lots 17-18 Block 6. 8. Designate on the plat that Lot 2 Block 9 shall only take access tolfrom Donovan Way and not onto the traffic roundabout. 9. Include a temporary turnaround at north end of Donovan Way. This maybe accomplished in either of the following ways: (1) Designate one of the lots at the north end of Donovan Way as unbuildable- with a note on the plat-to accommodate the turn-around until the street is extended. (2) Secure permission to construct the temporary turn-around on the adjacent property to the north from the property owner. 10. Revise the side yard setback noted on the face of the plat to reflect 5-foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDNISION I (pP-02-025) 5 per story. 11. Submit ten (10) copies of a revised plat to the City Clerk's Office for this plat. General Comments 1. Submit a copy ofthe Ada County Street Name Committee1s approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All pathways within the proposed subdivision shall be designed in accordancewith MCC 12-13-15 "Micropath Landscaping", 5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-l0-8. 7. 250 and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivideyls expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDMSION I (pP-02-025) 6 9. Submit all updated groundwater/soils reports to the Public Works Departmentfor review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Any existing domestic wells and/or septic systems within this project will haveto be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill materiaL 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set amimmUill of three feet above the highest established normal groundwater elevation. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 35-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION / (PP-02-025) 7 2. Construct 5-foot concrete sidewalk abutting the site on Meridian Road. Locate the sidewalk 2-feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement. 3. Construct West Burney Glenn Drive to intersect North Meridian Road approximately 250-feet north of the south property line, as proposed. 4. Construct West Fulliam Court to align with West Halpin Drive or offset the roadway a minimum of 125-feet. 5. Construct Burney Glen Drive as a residential collector from Meridian Road to Donavan Way, as proposed. Construct this portion of the roadway as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. Direct lot access and front on housing is prohibited on residential collectors 6. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. 7. Extend West Welford Drive from the east property line approximately 300-feet north ofthe south property line, as proposed. 8. Extend North Rickerby Way from the south property line approximately 990-feet west of the east property line, as proposed. 9. Extend North Donovan Way from the south property line approximately 490-feet east of the west property line, as proposed. 10. Extend North Kilberry Way from the north property line approximately 740-feet west ofthe east property line, as proposed. 11. Construct a stub street, North Donavan Way, that extends to the north property line approximately 650-feet east of the west property line, as proposed. Construct a temporary turnaround with a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Design the roundabout with 21-foot street sections on either side of the center island without driveways near or accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. FJNDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION / (pP-02-025) 8 13. Construct a left-turn and right-turn deceleration lane on Meridian Road for traffic turning into the site at the Burney Glenn Drive intersection. Coordinate the design of the lane with District staff (387-6140). 14. Construct a right-turn deceleration lane on Meridian Road for traffic turning into the site at the Burney Glenn Drive intersection. Coordinate the design of the lane with District staff(387-6140). 15. Construct two knuckles without islands within the subdivision, as proposed. 16. Provide a minimum turning radius of 45-feet for the cu-de-sac turnarounds. 17. Construct landscape islands on West Burney Glenn Drive and West Halpin Drive, as proposed. Provide a minimum of2l-feet (measured back-of-curb to back-of-curb) on either side of the island to safely channel traffic. The island shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 18. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 19. Other than the access points specifically approved with this application, direct lot access to Meridian Road and Burney Glen Drive is prohibited. These restrictions shall be noted on the final Plat. 20. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL A.PPROV AL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION / (pP-02-025) 9 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 years 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 are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION I (pP-02-025) 10 District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ID- A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1. The Planning and Zoning Commission further recommends approval of the proposed Phase 1 (51 building lots) to be constructed with a single point of access. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION 1 (pP-02-025) 11 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. This may affect the landscape islands in Block 8 Lot 1, Block 11 Lot 1, Block 13 Lot 1, Block 5 Lot 1, they may have to be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. E. Adopt the Recommendations of Settler's hTigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Starkey Lateral which courses along the north and east boundaries of the property. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan reviewlinspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION / (pP-02-025) 12 disposal and design a stonnwater management system that prevents groundwater and surface water degradation. G. Additionally, adopt the action ofthe City Council taken at their January 28, 2003 meeting as follows: 1. The fence height on all of the rear yards that abut the open green space shall be restricted to 42 inches in height, which restriction shall appear on the plat. 2. The applicant shall be required to include a pathway on the northern side of the open space, going from east to west, and connect the pathway to each of the roads on the far eastern side and to the western roundabout. By actiqn of the City Council at its regular meeting held on the day of !:e 6 rua,,-uj , 2003. ROLL CALL '/~ I - COUNCILMAN BIRD VOTED Ii 6kfZ--t-- COUNCILWOMANdeWEERD VOTED ~A- COUNCILWOMAN McCANDLESS VOTED ~d- COUNCILMAN NARY VOTED f/CtL MAYOR ROBERT D. CORRlE (TIE BREAKER) ~ VOTED - Copy served upon Applicant, The Planning and Zoning Department, Public WO~\llllrrIlI!JI \\\ ~ f\C'- III Department and City Attorney. ,,"\! or flc/Tlv/. /1/........ ...,'" ~... ~1 'l", 2' c} Oi,,?OR/j'l; v-=;. J ~ ~ ~ ~ By:4~.R-/~9v- Dated: Z-12~t?3! ~ ~":'AL ~ City Clerk :: ~~.lC~~ _ ~;:'~ i?;; Z:\Work\M\Meridian\Meridian 15360M\8umey Glen Sub AZ.02-026 PP-02-025 VAR-03-001\FfC]sOrdP~o~ (1;sr 1"'.\ . '" J?.$ ~,,; <:>..<7 ~ ': '\;~ ">- ~ "'....//1/ {.'o; ;,~,rf"'{ ,\?"......',.. Ili;...~."'~.ij~<,j~ ,\.\.\\ .:'';: J;.;:t toi ~... _j_"l ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BURNEY GLEN SUBDIVISION / (pP-02-025) 13 \L,.. '1 ' BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PROPERTIES WEST, INC., FOR A V ARlANCE TO ALLOW TWO BLOCK LENGTHS IN THE PROPOSED BURNEY GLEN SUBDIVISION, LOCATED EAST OF NORTH MERIDIAN ROAD, NORTH OF EAST USTICK ROAD, MERIDIAN, IDAHO CIC 01128/03 ) ) ) ) ) ) ) ) ) ) ) ) V AR-03-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V ARlANCE The above entitled matter coming on regularly for public hearing before the City Council on January 28,2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Daren Fluke, and John Barnes, appeared and testified, and the City Council having received the transmittal to ageucies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-00 1 PROPERTIES WEST, INC. / BURNEY GLEN SUBDIVISION Page 1 of 9 2. The requirements ofIdaho Code 9S 67-6509,6516 and Meridian City Code 99 11-15- 5 and 12-11-3 as evidenced in the record ofthis matter. 3. The Applicant is Properties West, Inc., whose address is 1401 Shoreline Drive, P.O. Box 2797, Boise, Idaho 83701. 4. The owner ofthe property is Wanda White Trust c/o Pamela Geile, 4399 N. Meridian Road, Meridian, Idaho 83642. 5. The location ofthe subj ect property is presently located on the east side of Meridian Road, 12 mile north of Ustick Road, Meridian, Idaho within a present RT zone, with an R-8 requested. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently agriculture. 8. The proposed land use of subject property is to develop the subject property in the following manner: 119 single-family residential subdivision and 12 other lots. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance ofthe following provision of the Meridian City Code, 912-4-5, BLOCKS, and in the RUT zone if granted the re-zone, which provides as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-001 PROPERTIES WEST, INC. / BURNEY GLEN SUBDIVISION Page 2 of 9 follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial streetl natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (ll000') in length. 11. All property owners within three hundred feet (300') ofthe external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the location of three stub streets on surrounding properties approved with the Sundance Place Subdivision application (to the south), and the Havasu Creek Subdivision application (to the east and north). The maximum block length needs to be increased from llOOO' to 1,250 on Block 9 and ll955' on Block 14. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the only method available for reducing the block length is to provide a stub street to the surrounding properties, because the surrounding properties have already had a layout approved, and any such road would end into a residential lot. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that the surrounding properties have already been approved without stub streets to this property. 15. A literal interpretation of the provisions of the ordinance would deprive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-001 PROPERTIES WEST, INe. I BURNEY GLEN SUBDNISION Page 3 of 9 the Applicant rights because an applicant has a right to expect that any and all required improvements associated with a development request will benefit the public health, safety, or welfare. That right will be compromised by a literal interpretation ofthe ordinance, which will cause the property owner to install stub streets that dead-end into residential lots, provided no public benefit. 16. The existence of special circumstances or conditions affecting the property is that the surrounding properties have already been approved without stub streets to this property. 17. The variance from the maximum block length of 1,000 feet due to the unique circumstances on site will not confer any special privileges denied other lands in this district. Granting the variance would simply allow the applicant to develop in the same manner as the surrounding properties and maintain rights which would be afforded to others in the same situation. The applicant will connect to the stub streets that are provided in the other developments, the applicant will just not have to provide stub streets that dead-end into residential lots. 18. The applicant will benefit by not being required to build roads that will never be extended. Additionally, the applicant will not have to spend money on public improvements that provide no benefit to the public. 19. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions of the Comprehensive Plan. 20. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-00 1 PROPERTIES WEST, INe. / BURNEY GLEN SUBDIVISION Page 4 of 9 development of the plat in accordance with the conditions of approval and the requirements ofthe Subdivision Ordinance will prevent the conditions which are the source ofthe complaints raised in the public hearing ofthis matter. 21. The granting of this variance will not have an effect of altering the interest and purpose ofthe Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 22. The applicant paid the fee established by the City Council for application variance. 23. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter date January 16, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-02-026 and PP-02-025, for the Burney Glen Subdivision. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code 9 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code 9 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code 9 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509,6516 and Meridian City Code 9S 11-15-5 and 11-17-5. FINDINUS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-001 PROPERTIES WEST, INe. / BURNEY GLEN SUBDNISION Page 5 of 9 4. Application and standards for variances are set forth in Meridian City Code ~ 11-18-2, and the findings which are required are set forth in Meridian City Code ~ 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, ~ 12-4-5, BLOCKS, and in the R-8 zone, if granted the re-zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers oflots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (5001) nor more than one thousand feet (1,000') in length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-00 1 PROPERTIES WEST, INC. / BURNEY GLEN SUBDIVISION Page 6 of 9 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; That the Applicant is hereby granted a variance from the 1,000 foot minimum block length requirement for block lengths to allow two blocks in Burney Glen Subdivision to exceed the 1,000' maximum block length. Block 9 will be approximately 1,250' in length and Block 14 will be 1,955' in length within the subdivision in the R-8 zone. Additionally, the applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter date January 16,2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-02-026 andPP-02-025, for the Burney Glen Subdivision NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Block Requirements in the R-8 Zone as provided in the Section 12- 4-5 and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the !/.fl'- . - day of Fe6ruaf-q v , 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-00 1 PROPERTIES WEST, INC. / BURNEY GLEN SUBDIVISION Page 7 of 9 ROLL CALL: COUNCILMAN KEITH BIRD VOTED tl !JJe/~t- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED flea..-- COUNCILMAN WM. L. M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2-/1-~3 VOTED - MOTION: ~\ APPROVED: ~ ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. \" \ \ \ 11111111/1/1 J \\' oC: rl.{"h III ,\\\"" ' u:::q/J) 1/// " ~ <.../4 '/ ~.... (j o'l""'O!:f" '1-- ~ 2, ~/,..,_./J3.2 .D'" r11'k, ~ ~ ?- v _~ ~ '() S::: Dated: . ~ ~ ~ SEAL = ; 7c:,. & f ~"1: ~4} k-. "C!) 0 .::: -;:':0 ~Q'7' 1~.:r\ . . -..:: ~ -;. ",e ~. ~ /-;. "1 ^ 10' " /// ~D:? n\,~' ~ \,.....' 1/1 td \: ;" ,. ,\ \ ';, : >,11' Z:\Work\M\Meridian\Meridian 15360M\Bumey Glen Sub AZ-02-026 PP-02-025 V AR-03-001\FfClsGrantVariance.d6c ,;. By:dI~#-&.;, ~ City Clerk " FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V AlliANCE 1 V AR-03-00 1 PROPERTIES WEST, INC. / BURNEY GLEN SUBDIVISION Page 8 of 9 February 7, 2003 MERIDIAN CITY COUNCIL MEETING February 11,2003 APPLICANT ITEM NO. 8 -.L REQUEST Baldwin Park Subdivision Water Latecomer Agreement: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo vR-' ~rr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City~ of Meridian eublic Works Dept. Memo RECEIV D FEe - 7 2003 COt C~tyY OfMetidi 1 Clerk. OA:= an l.1.1ce To: Mayor Corrie & City Council From: Brad Watson, P.E. / ~tu-' CC: File, Gary Smith, PE, City Clerk Date: m/2003 Re: Proposed Agenda Items for January 28 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 28 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) Baldwin Park Subdivision Water Latecomer Aareement. This agreement provides partial reimbursement for oft-site water main construction completed as part of the Baldwin Park Subdivision. This agreement has the same terms as those approved by Council for the water and sewer latecomer agreements for Sundance Company (Silverstone Subdivision). The Finance Department has reviewed this agreement. Recommended Council Action: Approve the Baldwin Park Subdivision water latecomer agreement with Capital Development and authorize the Mayor to sign and City Clerk to attest the agreement 2) Revised Silverstone Subdivision Water and Sewer Latecomer AQreements. These agreements were approved by Council in the fall of 2002. After recordation of the agreements, the Finance Department discovered several errors in the documents. While most figures were correct in both documents, there was one conflicting interest figure and one reference to an incorrect repayment amount. The revised agreements have repeatedly proofed for correctness. Recommended Council Action: Approve the revised Silverstone Subdivision Water and Sewer Latecomer Agreements and authorize the Mayor to sign and City Clerk to attest. . Page 1 3) Streetliaht Aareement - Heritaae (Quenzer) Commons Subdivision NO.1. Typical decorative s~reetlight agreement Recommended Council Action: Approve the Streetlight Agreement for Heritage Commons Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) "New three party" License Aareement with Namoa & Meridian Irrigation District - Five Mile Creek Sewer Crossina. New sanitary sewer main to serve the new LDS Church south of Franklin Road on Locust Grove. This agreement is a three party agreement between the Nampa & Meridian Irrigation District, The LDS Church, and the City of Meridian. The purpose of this type of agreement is because of the staging of responsibilities. During the construction period the agreement is between the MNID and the LOS Church, and upon the final acceptance of the main by the City of Meridian, the Church drops out of the agreement, and the City becomes the Licensee. This will cut out a necessary step of having to re-Iicense the crossing to the City of Meridian once it's complete. Recommended Council Action: Approve and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. /--1 . Page 2 W A TF,R T ,TNF T ,A TF, COMF,RS AGRKF,MF,NT{pRIV ATE } BALDWIN PARK WATER LINE EXTENSION CAPITAL DEVELOP:MENT, INe. This Agreement made and entered into this _ day of 2003, by and between CAPITAL DEVELOP:MENT, INC., an Idaho Corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WITNE S SETH: WHEREAS, the City limits extend north of Us tick 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 constructed a water line from an existing water line to an area east and west of Linder Road and north of Us tick Road, as shown in "Exhibit A:', which water line is able to provide service to land north of Ustick Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 179.75 acres which, if developed under the land use density projections shown on Exhibit liB 11, which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit "B", there could be 449 equivalent residential units (ERU) in the 179.75 acres; that the Developers subdivision(s) consists of 59 ERU; that on the land not included in the Developer's subdivision, there could be 390 ERU; and WATER LINE LATE COMERS AGREEMENT Page - 1 ofl 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 Exhibit "A"~ that the developable land that can be served by the water line could contain 449 ERU's; that the existing developed areas that eventually connect to the water line serviced by the City will be subject to the latecomer fees described herein; that 80% of the land not included in the Developer's subdivision would be developed in ten years, the term a late comers Agreement is allowed to run, and WHEREAS, the total cost of constructing the said water line borne by the Developer was $109,790.00; whereas the water line will benefit the Developer's Subdivision( s) which could contain 59 ERU's, or 13.1 % 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 $14,415.83; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $95,374.17; and then dividing by 80010 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 comers fee of $320.69, plus interest, per ERU as shown in Exhibit "C"; 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 I1Late Comer Fee"; the above ordinance section provides that the late WATERLINE LATE COMERS AGREEMENT Page - 2 of2 comers fee may be used to reimburse the person or persons so extending the water line(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 f1Water Construction Equivalency F eefl. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. 2. That the Developer has paid for engineering, planning and construction of the water line shown in Exhibit Il}(', and which will benefit the land also shown in Exhibit flAil. 3. The Developer has contributed $109,790.00 to total construction costs of the said water line, of which Developer is entitled to be reimbursed the sum of $95,374. 17 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 flAil subsequently connecting to the water line referred to in Exhibit 11A'\ except the land in Developer's Subdivision(s), the City will charge the sum of $320.69 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to as f1LATE COMERSfI; 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 I1LATE COMERS FEEI1; the fee is in addition to any other water charges for connection to the water syste~ the computation of the WATERLINE LATE COMERS AGREEMENT Page - 3 of3 Late Comers Fee is shown on Exhibit IICII 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 IIBALDWIN PARK WATER LINE PROJECT REIMBURSEMENT ACCOUNT" 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) each year for the term of the agreement, and shall be distributed quarterly to the Developer. 6. That the late comer fees assessed, which will go into the BALDWIN PARK WATER LINE REJl\1BURSEMENT ACCOUNT, shall increase at a rate of 6% 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 A" for the land also shown in Exhibit II A", except the land in Developer's Subdivision. 8. That the City shall charge the BALDWIN PARK WATER LINE PROJECT REIMBURSEMENT ACCOUNT the 5% fee authorized by 9-1-13. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the water line(s) referenced in Exhibit !IN' 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 $95,374.17, plus interest, as determined in Paragraph 6, less the 5% administrative fee or, if WATER LINE LATE COMERS AGREEMENT Page - 4 of4 this is not achieved, for a period often (10) years or, until such time the water line described herein is abandoned. If the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this _ day of , 2003. BY: CITY OF MERIDIAN ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR, CITY CLERK Approved By City Council: CAPITAL DEVELOPMENT, INC. (corporate seal) By RAMON YORGASON, President WATER LINE LATE COMERS AGREEMENT Page - 5 of5 STATE OF IDAHO,) : ss. County of Ada,) On this _ day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF IDAHO,) : ss. County of Ada, ) On this _ day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Ramon Yorgason, known to me to be the President of CAPITAL DEVELOP:MENT, INC., and who executed the within instrument on behalf of said Corporation, and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES WATER LINE LATE COMERS AGREEMENT Page - 6 of6 J>FlJ~ -~~~~ .- ~ wm: w..;m ~ N Approx. 3300 LF 12-1nch Water Main o <( o a:: a:: w Q Z :J LATECOMER AREA ~ DEVELOPER AREA II> "lI 0 0 0 0 II> Z'" X '" X ~ m ~ ~ 9~ m 2 m II> ~ 0 ~ ~ 0;: m i:i [1! ~ ~ 0 ~ m Z ~ 0 II> R ~ z .. ~ ~ z ~ -0. :> ~ m ~ ~ m '" 2! EXHIBIT "A" 1'lJOOC~ 00"1". ! GOOe.W"~5I..lI'TC200 '~, ~~<~l ~~.iDlI.HO ~G4~ _~~k~""'l<.~f~ nt. (2()DJ~ ;:ffl'!f<U':;." rM< rroelllll7.1_ i\~!~. ..m.....-.:".~ '1.". . ~ 0 /"Crty Od!t~i[~~ "-/'Vlerididll"'~:';~ ID/\;-IO ~ .;" ;:1 9. r .'rt;i1........Jilr...\:.;l~V~~ N. Under Rd Water Une Extension Baldwin Park Subdivision "EXHIBIT Bt1 CAPITAL DEVELOPMENT BALDWIN PARK WATERLINE LATE CO:MERSt AGREEMENT ERU CALCULATIONS Total Area: Developer's Area:1 Middle School Area: Watersong Estates: Remaining Area: Projected ERU Density: Projected Res. Latecomer ERU's: Middle School ERU's: Watersong Estates ERU's: Total Latecomer ERUs: 179.75 Ac 17.97 Ac 40 Ac 40 Ac 81.78 Ac 3 ERUs/Ac. 245.34 ERU's 20 Actual Assessment 125 Preliminary Plat 390.34 "EXHIBIT C" CAPITAL DEVELOPMENT BALDWIN PARK WATERLINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: Total Service Area = 179.75 Gross Acres Latecomers Area = Total Service Area - Developerfs Area TOTAL SERVICE AREA PROJECTED ERU's: I 449 %OF TOTAL 100.0 DEVELOPER'S AREA PROJECTED ERU's: I 59 %OF TOTAL 13.1 LATE COMER'S PROJECTED ERU's: I 390 %OF TOTAL 86.9 FEE COMPUTATION: DEVELOPER'S CONTRIBUTION: $ 109,790.00 Verified from Billings PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION: 13.1% x $109,790.00 = $14,415.83 PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT: Total Service Area (100%) - Developer's Percentage = Percentage Eligible = 86.9% 86.9% x $ 109,790.00 = $95,374.17 LATE COMER FORlYfULA: (Eligible Reimbursement!Late Comer's Service AreaERU's = Late Comer Fee per ERU) $ 95,374.17 $244.34 390.34 REIMBURSEMENT BASIS: Assume payback period of ten years and an overall growth rate of 80% within the Late Comer area over that ten years. The Adjusted Late Comer fee per ERU = $ 244.34 80% $305.42 ADMINISTRATIVE FEE: An administrative fee will be added to the latecomer fee to cover costs to the 5% Latecomer Fee wi City Administration Cost: $305.42 x 5% = $320.69 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 will be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1 st, at an annual percentage rate of 6% The latecomer fees shall be: Effective Date Latecomer Fee per ERU October 1,2002 $320.69 October 1, 2003 $339.93 October 1, 2004 $360.33 October 1,2005 $381.95 October 1,2006 $404.87 October 1, 2007 $429.16 October 1, 2008 $454.91 October 1, 2009 $482.20 October 1, 2010 $511.13 October 1, 2011 $541. 80 Table I February 7, 2003 MERIDIAN CITY COUNCIL MEETING February 11,2003 APPLICANT ITEM NO. 3- yYL REQUEST Revised Silverstone Subdivision Water and Sewer Latecomer Agreement: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVJCE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDJAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Affached Memo Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MeridJan. ( City of Meridian Public Works Dept. Memo RECEIVED FEe - 7 2003 C't c!Z OfMeridi 1".1 Clerk Offi.: To: Mayor Corrie & City Council From: Brad Watson, P.E. ~ ~Lu' CC: File, Gary Smith, PE, City Clerk Date: 2fT /2003 Re: Proposed Agenda Items for January 28 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 28 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Baldwin Park. Subdivision Water Latecomer Aareement. This agreement provides partial reimbursement for off-site water main construction completed as part of the Baldwin Park Subdivision. This agreement has the same telTl1s as those approved by Council for the water and sewer latecomer agreements for Sundance Company (Silverstone Subdivision). The Finance Department has reviewed this agreement Recommended Council Action: Approve the Baldwin Park Subdivision water latecomer agreement with Capital Development and authorize the Mayor to sign and City Clerk to attest the agreement ~ 2) Revised Silverstone Subdivision Water and Sewer Latecomer Aareements. These agreements were approved by Council in the fall of 2002. After recordation of the agreements, the Finance Department discovered several errors in the documents. While most figures were correct in both documents, there was one conflicting interest figure and one reference to an incorrect repayment amount. The revised agreements have repeatedly proofed for correctness. Recommended Council Action: Approve the revised Silverstone Subdivision Water and Sewer Latecomer Agreements and authorize the Mayor to sign and City Clerk to attest. . Page 1 3) Streetliqht Aqreement - Heritaqe (Quenzer) Commons Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Heritage Commons Subdivision No.1 and authorize the Mayor to sign and City Clerk: to attest. 4) "New three party" License Aqreement with Nampa & Meridian Irriqation District - Five Mile Creek Sewer Crossinq. New sanitary sewer main to serve the new LOS Church south of Franklin Road on Locust Grove. This agreement is a three party agreement between the Nampa & Meridian Irrigation District, The LOS Church, and the City of Meridian. The purpose of this type of agreement is because of the staging of responsibilities. During the construction period the agreement is between the MNID and the LOS Church, and upon the final acceptance of the main by the City of Meridian, the Church drops out of the agreement, and the City becomes the Licensee. This will cut out a necessary step of having to re-Iicense the crossing to the City of Meridian once ifs complete. Recommended Council Action: Approve and authorize the Mayor to sign and City Clerk: to attest. Thank you for your consideration. /--1 . Page 2 ~ ~ l \JQ.'l'sto v\€. -AMf,NOvn- SF"WRR T ,INF. T,A TV. I.OMV.RS A~RRF,MFNT FIVE MILE TRUNK SEWER EXTENSION SUNDANCE INVESTMENTS LIMITED PARTNERSHIP 10-1\. A;~ This Agreement made and entered into this l.L day of .3.... ""'.....1 200l2, by and between I ~ SVNDANCE 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 e\.'tend east of Eagle Road, but prior to this Agreement and the construction referred to herein, such area was not provided sewer service by the City; and WHEREAS, the Developer constructed a sewer line from an existing sewer line to an area south of Overland Road, and east and west of Eagle Road, as shown in <<Exhibit A", which sewer line is able to provide service to land south of Victory Road, and east and west of Eagle Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 1082.82 acres which, if developed under the land use density projections shown on Exhibit "B If, which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit If B", there could be 2007 equivalent residential units (ERU) in the 1082.82 acres~ that the Developers subdivision(s) consists of 98 ERU~ that on the land not included in the Developer's subdivision, there could be 1909 SEWER LINE LATE COMERS AGREEMENT Page - 1 of6 ERU; and WHEREAS, the. sewer line constructed by the Developer will benefit land other than only the land developed by Developer; that the land that can be served by the said sewer line is shown in Exhibit "A"; that the developable land that can be served by the sewer line could contain 2007 ERU's; that the existing developed areas that eventually connect to the sewer line serviced by the City will be subject to the latecomer fees described herein; that 46% of the land not included in the Developer's subdivision would be developed in ten years, the term a late comers Agreement is allowed to run., and WHEREAS, the total cost of constructing the said sewer line borne by the Developer was $820,384.91; whereas the sewer line will benefit the Developer's Subdivision(s) which could contain 98 ERU's, or 4.9% of the total area to be benefited by the construction ofthe sewer line; therefore the cost to Developer to construct the sewer line to his own subdivision(s) would be $40,058.66; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $780,326.25; and then adding 10% for the City Administrative Fee; and then dividing by 46% of the remaining number of ERU's that could be served by the sewer line; and there should be a late comers fee of$977.47, plus interest, per ERU as shown in Exhibit "C"; and WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into sewer line extension and reimbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late SEWER LINE LATE COMERS AGREEMENT Page - 20f6 comers fee may be used to reimburse the person or persons so extending the sewer line(s). WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to charge a Sewer Construction Equivalency Fee to any person or property owner who has not otherwise paid tor, or contributed proportionately toward the costs and expenses of constructing a sewer line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to COlUlect to the City sewer system, shall be required to pay an additional connection charge which shall be known and referred to as the "Sewer Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as ifset forth in full. 2. That the Developer has paid for engineering, planning and construction of the sewer line sho'hTI in Exhibit "A", and which will benefit the land also shown in Exhibit "A". 3. The Developer has contributed $820,384.91 to total construction costs of the said sewer line, of which Developer is entitled to be reimbursed the sum of $780,326.25 plus interest, which represents land that could be served by the sewer line but is not included in Developer's subdivision. 4. That for all land in Exhibit lIA" subsequently connecting to the sewer line referred to in Exhibit "AU, except the land in Developer's Subdivision(s), the City will charge the sum of $977.47 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to as "LA IE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-1-12 and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the fee SEWER LINE LATE COMERS AGREEMENT Page - 3 of6 is in addition to any other sewer charges for connection to the sewer system~ the computation of the Late Comers Fee is sho'Yfl on Exhibit "C'I attached hereto and by this reference incorporated herein. 5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "FIVE MILE TRUNK SEWER EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6..2% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year \~ for the term of the agreement, and shall be distributed quarterly to the Developer. 6. That the late comer fees assessed, which will go into the FIVE MILE TRUNK SEWER EXTENSION PROJECT (SUNDANCE) REIMBURSEMENT ACCOUNT, shall increase at a rate of6....2% per annum as shown in Table I of Exhibit "C". \DK; R,,j 7. That the late comer fees shall be coUected by the City from all users subsequently connecting to the sewer line shown in Exhibit "A'I for the land also shown in Exhibit "A", except the land in Developer's Subdivision. 8. That the City shall charge the FIVE MILE TRUNK SEWER EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT the 10010 fee authorized by 9-1-13. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost ofthis audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11. The term of this Agreement shall be until Developer has been reimbursed the principal SEWER LINE LATE COMERS AGREEMENT Page - 4 of6 sum of $780,326.25, plus interest, as detennined in Paragraph 6 or, if this is not achieved, for a period often (10) years or, unti~ such time the sewer line described herein is abandoned. Ifthe Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension ofa ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this t'.i day of :'\<\...........;1 ,200D. I ~ ,a 14- BY: CITY OF MERIDIAN ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK Approved By City Council: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP (corporate seal) By SEWERLThffiLATECOMERSAGREEMENT Page - 5 of6 STATE OF IDAHO,) S5. County of Ada, ) On this ~ day of , 200l.Z, 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 Vv'ithin instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COtvlMlSSION EXPIRES STATE OF IDAHO,) : 5S. County of Ada, ) On this 2<t day of )....A"\.~~ ' 200U, before me, the undersigned, a Notary Public in and I tJ ~ for said State, personally appeared yan Anderson, known to me to be a partner of SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. I!t.~I1<itN:J';\YI ^~.,.. ^ M ~ .J~,. ..,,::,~'-' _ t\o no. [11 q( :f~"" -1",,'-' r.J ".. c:-?.J"'''t'J'i'v / 0 t"'.. 4'i~ f'i.. eO ~n ./" Po- .~:~ .0: J? (I1.~ "-.c ~iIl "'. /'1 n ~ 0 'f A.R r <' ~ .. .... '0 '" 1"..... ~ :~p:~, ~ r..i.1 ~ ~tr'': ~ ..... (}.c:D' t1, aI ~ -ri\'t' ~ 1 ";f ~ ~ )1-\ .. ~ : ~ U'> 000 PUB t. \ Cl :or; i/ ~ '~ (I., . ,,-> "<;.:- .. ..r A ". ..,a """ <> 4!'# _~."..,... ti8~O~ ~""'-..~ ## .J 'b \ Y ~.. #~#, ~ 0 'f ~~... "'.UWUllI1l Qt~i./lM./ tln-n .~ NOTARYPUB~RlD~~ RESIDING AT u./, , MY COMMISSION EXPIRES //7 / ~ 7 SEWER LINE LATE COMERS AGREEMENT Page - 6 of6 N t LEGEND EXISTING FUTURE _ ____1r:r _ ____12"" _ ...___is- _ ____18"' _ ____21'"' 24' - ----zr - ----30"" - ---- 38"" - ----~ - - - - PRESSURE ';0 DIVERSION 6. UFT STATION EXHIBIT "A" FIVE MILE TRUNK SEWER SILVERSTONE BENEFIT AREA 8 iCTORYROAD \ , \ \ " , " ""-... St- VERSTONE SEWER EXTENSION BENEFIT , \ AREA \ \ \ , \ , o ~---------~ <( o 0::: L-----w, ..J' CJ: <(I W: ", '.. " ...... ,~ ,~ ~~.... .. .. .. .. 'C'---------... '.. .. .. ... .. , '\ ,.---"r---------- I \ I '\ I LATECOMER AREA DEVELOPER'S AREA EXHIBIT "B" Page 1 of 4 FIVE MILE TRUNK SEWER EXTENSION (Sundance) ER U & Flow Calculations Single Family Dwelling Avg. SFD density . Per acre flow for SFR 250 gpd 2.8 DUlacre (equates to ERU's1Acre) 700 gpdlacre Commercial - mostly offICe Commercial - mixed use Commercial - retaiVrestaurant Model Flow gpdlacre 2DO 500 BOO ERU's per acre 0.29 0.71 1.14 Parcels from Ada County GIS Mapping Developer's Benefrl Area S1121223285 SUNDANCE INVESTMENTS LIMITED PARTNERSHIP S1121223278 SUNDANCE INVESTMENTS LIMITED PARTNERSHIP Sutherland Farms purchase 58.59 19.42 7.83 85.64 Land Use MU MU MU ERU's per acre 1.14 1.14 1.14 Projected ERU's 67 22 9 98.0 Parcels from Ada County GIS Mapping Voigt Benefrl Area - Determine those within Sundance Benerrt Area ERU's Projected Land Use per acre ERU's S1120244300 MERIDIAN JOINT SCHOOL DIST NO 2 55.00 actual: 75 S1117346600 HOWELL WILLARD W & ANGELA R 27.44 MU 1.14 31 S1120212415 RESOLUTIONBUSINES5PARKLLC 22.07 MU 1.14 25 S1120223150 S M C PROPERTIES LLC 14.74 MU 1.14 17 S1117346610 HOWELL WILLARD W & ANGELA R 5.87 MU 1.14 7 51117346660 HOWELL WILLARD W & ANGELA R 0.32 MU 1.14 0 -----------------------------------i~~-------------~~-- S1117438625 VAN AUKER RONALD W 19.14 MU 1.14 22 51117438450 VANAUKERRONALDW 16.17 MU 1.14 18 S1120131315 COULTERKENNETHD&CONNIE 12.30 MU 1.14 14 S1120121000 KENAI PARTNERS LLC 10.01 MU 1.14 11 S112012091 0 COULTER KENNETH D & CONNIE 9.91 MU 1.14 11 S1120131400 KENAI PARTNERS LLC 7.81 MU 1.14 9 511201208DO VAN AUKER RONALD W 1.00 MU 1.14 1 76,34 86.00 Latecomer Area ERU's Projected Parcel Owner Acreage Land Use per acre ERU's S1120141905 GRIFFIN JAMES F 83.57 MU 1.14 96 51121110552. BIENAPFL FAMILY LIMITED PARTNERSHIP 75.24 MU 1.14 86 51121212485 KEPUS CHRISTOPHER J & KATHLEEN 67.73 MU 1.14 77 S1116325510 IDAHO ELKS REHAB HOSPITAL INC 52.62 MU 1.14 60 51120120630 VAN AUKER RONALD W 32.90 MU 1.14 38 51121336565 GREAT SKY INC 28.50 MU 1.14 33 S1121325426 SUTHERLAND FARM INC 27.09 RES 2.8 76 S1121427950 SUTHERLAND FARM INC 26.28 RES 2.8 74 S1121314875 SUTHERLAND FARM INC 21.52 RES 2.8 60 S1121325852 SUTHERLAND FARM INC 7.68 RES 2.8 21 subtracted 7,83 acres from this 15.05 ae. Sutherland parcel which is Slverstone #2 S1121120650 B1ENAPFL WILLIAM P & SUSAN MARIE 11.92 RES 2.8 33 S1116336205 RACKHAM L L C 10.91 RES 2.8 31 S1128427855 MILLER RONALD J & DEBBIE 10.15 RES 2.8 28 S 1117449560 TERTEUNG COMPANY INC 9.90 RES 2.8 28 S1121212550 KEPUS CHRISTOPHER J & KATHLEEN 9.77 RES 2.8 27 S1128131500 HENDRIKSEN DONALD G 9.42 RES 2.8 26 S1116336510 SPOFFORD CONNIE L & HARTMAN PHILIP \ 9.40 RES 2.8 26 S1116428010 PETERSON ALAN V 8.79 RES 2.8 25 S1121325860 SHAN NONS FINE FOODS 8. SPIRITS 6.34 RES 2.8 fa S1128428210 KINGSLEY MICHAEL T & MARLEEN M 6.01 RES 2.8 17 R 1 078420050 JOHNSON DANIEL H 5.75 RES 2.8 16 R1 07842001 0 CHRISTIANSEN RICHARD 5.69 RES 2.8 16 R3193200000 BARCLAY DAVID J & SUE H 5.43 RES 2.8 15 R 1 078420030 LAVIGNE DAVID A 8. VALERIE 5.41 RES 2.8 15 R107S420040 BECKER LESA L & ROBERT J 5.40 RES 2.8 15 R 1 078420020 JOHNSON DAVID R & THACKER DEBBIE 5.26 RES 2.8 15 ERU Cales-Ex.B Silverstone Sewer L_C.aftemate2.1 G-Z-02 EXHIBIT "8" Page 2 of 4 ERU's Projected Parcel Owner Acreage Land Use per acre ERU's S 1121336300 CARPENTER ROBERT S & NEDRA J 5.11 RES 2.8 14 R 1 078420060 FIVECOAT BILL& MARYANN 5.05 RES 2.8 14 Rl07842oo70 ROBERTSON TRACY J & SHELLlE M 5.05 RES 2.8 14 R3193200025 REINKE REVOCABLE FAMILY TRUST 5.01 RES 2.8 14 S1121346850 SASSER GALE M & SHERRY K 5.00 RES 2.8 14 S1121336840 LYON JULIE D 5.00 RES 2.8 14 S1121336100 MCKIBBIN DENNIS P & DEBRA J 4.90 RES 2.8 14 S1121346802 CRON JAMES J & CORRINE M 4.80 RES 2.8 13 R3193200200 FELLOWS LINDON M & JANET J 4.62 RES 2.8 13 S 1116336152 RACKHAM LAWRENCE H & J'DEANNE F TRl 4.44 RES 2.8 12 S1121325521 HILL WAY INC 4.40 RES 2.8 12 R3193200175 MONCARR ERNEST LEE JR & SANDY L 4.40 RES 2.8 12 S1116438900 STEFFENS JOSEPH LAWRENCE & ROSE LE 4.21 RES 2.8 12 S 1116336262 RACKHAM L L C 4.19 RES 2.8 12 R1071520081 . WANNER WALTER R & SAUNDRA L 4.07 RES 2.8 11 S 1128212590 JOHNS LESTER P & BARBARA M TRUST 3.86 RES 2.8 11 R31932oo250 ALLEN PHILIP L & lJIURIE C 3.74 RES 2.8 10 S1128131270 KEMPTHORNE ROY M & NANCY J 3.57 RES 2.8 10 R31932oo225 WHALEY MARK D & SHARON A 3.53 RES 2.8 10 S1121336500 CARPENTER ROBERT S & NEDRA J 3.43 RES 2.8 10 R 7333000140 BURKES DON L & THERESA A 3.02 RES 2.8 8 S1121325826 PAPENFUSS HERBERT D & KATHLEEN P 3.01 RES 2.8 8 S 1120120700 VAN AUKER RONALD W 2.98 RES 2.8 8 R73330001 00 HACKBORN R A & S S lVNG TRST 2.94 RES 2.8 8 R7333000240 PRESSMAN SCOTT H & BEVERLY K 2.93 RES 2.8 8 S1121336225 THOMASON MARTY & LEETA 2.91 RES 2.8 8 S1121340900 ROWE GREGG R & lEAH M 2.89 RES 2.8 8 S1121347165 HOLTRY BERYL E & PATRICIA A 2.85 RES 2.8 8 SI121347155 KNAPP GRANT RUSSELL 2.85 RES 2.8 8 S 1128212635 STARN MARGARET S 2.73 RES 2.8 8 R1071520012 BRUNELLE NICHOLAS J & lJIURIE J 2.73 RES 2.8 8 R7333000180 TURNER REX E & JOSIE 2.69 RES 2.8 8 R4626240722 DE BOER JAN & ROSEMARIE 2.66 RES 2.8 7 R7555COO120 HILLMAN BOB R & MARTHA A 2.43 RES 2.8 7 S1121347010 SMITH ROY B & LORI REA 2.3770 RES 2.8 7 R033077oo10 FARNLUND DOUGLAS & EVA 2.25 RES 2.8 6 R4026240075 STEAR DAVID & REVA 2.15 RES 2.8 6 R7333000340 . RUEB JOHN J & ARLENE M 2.14 RES 2.8 6 R7555000160 JAMtSON JOHN E & THERESE J 2.08 RES 2.8 6 R6744$OO162 ADAMS WilLIAM B & IRENE F 2.02 RES 2.8 6 R7333000040 DEANGELIS JOSEPH W & ANNETTE F 2.02 RES 2.8 6 R7333000120 PARADIS DANIEL L & KATHLEEN J 2.00 RES 2.8 6 R7555000100 TURNBOUGH DAVID M& DONNA L 2.00 RES 2.8 6 S1128212550 HERRON THOMAS P & FREDA KATHLEEN 2.00 RES 2.8 6 RB4615OO300 GEARHEARD KARLA J & WADE A 2.00 RES 2.8 6 RB461500400 MORGAN ALBERT H & CHERYL A 2.00 RES 2.8 6 RB461500200 COBB JOE DELANO & ROBERTA J 1.99 RES 2.8 6 R7333000080 HUDDLESTON JOHN R & PAMELA A 1.98 RES 2.8 6 S1121314975 SUTHERLAND FARM INC 1.96 RES 2.8 5 R7333000280 WATSON ROBERT E & BARBARA D 1.95 RES 2.8 5 R7333000200 ROUNDY E SPREGG & JOYCE 1.93 RES 2.8 5 R755500001 0 BOYACK RICHARD D & KIMBERLY I 1.89 RES 2.8 5 R7333000220 THOMAS RONALD G & JAMIE A 1.88 RES 2.8 5 R6744800055 HUTT DONALD 0 & KARYN MARIE 1.88 RES 2.8 5 S1128212490 BOWLER WILLIAM T & ANNIE D 1.88 RES 2.8 5 R7555000151 SPENCER CHRISTOPHER G & REED-SPENt 1.85 RES 2.8 5 R7333000200 MCCOY EVELYN 1.79 RES 2.8 5 S 1121336275 SHARP JOHN W & JUANITA D 1.78 RES 2.8 5 S 1116336452 TIBBETTS JERRY L & CAMllE A 1.76 RES 2.8 5 R7333000020 . KRUEGER ROBERT E 1.76 RES 2.8 5 R7555000240 NELSON ROBERT A & KAREN L 1.76 RES 2.8 5 R7333000160 KRUEGER ROBERT E 1.71 RES 2.8 5 R7333000060 GilLETTE GARY l YNN & JEWELDEAN 1.70 RES 2.8 5 S1116336402 COLUMBIA INVESTMENT LlC 1.67 RES 2.8 5 R4626240615 FISHER JOHN R 1.67 RES 2.8 5 R7333000300 . BALDRIDGE THOMAS A & ALICE J 1.63 RES 2.8 5 R6744800182 BARTON LEWIS E & MARY ANN 1.63 RES 2.8 5 R4026240410 MAC DONALD DONNA & HEY DAVID 1.61 RES 2.8 5 ERU Calcs-Ex.8 Silverstone Sewer L_ C.alternale2.1 0-2-02 EXHIBIT "B" Page 3 of 4 ERU's Projected Parcel Owner Acreage Land Use per acre ERU's R7555O:XJ200 WISDOM ADELLE J & DONALD S 1.60 RES 2.8 4 R 7555O:XJ21 0 DOLAN BONNIE J 1.58 RES 2.8 4 R0330770050 GR.ATIOT RICHARD F JR 1.56 RES 2.8 4 R0330770040 ROSCHECK RICHARD E & MARLENE 1.56 RES 2.8 4 R0330770020 ELLIOTT JOHN C 1.56 RES 2.8 4 R0330770030 ROSCHECK RICHAD E & MARLENE 1.56 RES 2.8 4 R7555000140 DAVIS KARL LYNN & BARBARA LOUISE 1.51 RES 2.8 4 S1121336200 THOMASON MARTYY & LEETA G 1.50 RES 2.8 4 S1116336420 COLUMBIA INVESTMENTS LLC 1.45 RES 2.8 4 R7333000320 . BALDRIDGE THOMAS A & ALICE J 1.42 RES 2.8 4 R7555O:XJ130 COURSEY BELFORD T & DEBORAH A 1.40 RES 2.8 4 R7555000230 BELL STEVEN C & HAYNES PAMELA 1.31 RES 2.8 4 R7555000220 SCRIVNER ELVIN L & DIXIE 1.31 RES 2.8 4 R1071520082 PETSCHE TIM & LISA 1.30 RES 2.8 4 R755S000031 MARTIN DUANE E & VICKI R 1.29 RES 2.8 4 R7555O:XJ280 DANSEREAU LEON W & FLORENCE M 1.27 RES 2.8 4 R7555O:XJ270 DANSEREAU LEON W & FLORENCE M 1.20 RES 2.8 3 R7555000190 EASTMAN ALICIA B 1.20 RES 2.8 3 R7555CXXlO5O PAYTON LISA G & JEFFREY G 1.19 RES 2.8 3 R7555000180 UPSHAW WAYNE S & MARTHA J 1.16 RES 2.8 3 R7555000021 RHEES STANLEY 1.15 RES 2.8 3 R84$15001 00 GIBBONS MELVIN M & L ARLENE 1.13 RES 2.8 3 R4626240125 LEDBETTER RANDALL D & TERESA A 1.13 RES 2.8 3 S1121336250 BAUGHMAN ARLlS DANIEL & DARLENE H 1.13 RES 2.8 3 R7555000171 UPSHAW WAYNE S & MARTHA J 1.12 RES 2.8 3 S1121427830 W & S INVESTMENTS INC 1.09 RES 2.8 3 R7555000070 BERTHELSON LARENE 1.09 RES 2.8 3 R4626240425 COLSON GLEN D JR 1.08 RES 2.8 3 R7555000090 WATTLES GARY M & JEANETTE E 1.08 RES 2.8 3 R7555000080 DAY BRUCE C& CARROLM 1.08 RES 2.8 3 R4626240300 NIELSEN TODD C 1.06 RES 2.8 3 R7555000060 BERTHELSON LERENE 1.04 RES 2.8 3 R1071520030 BRENDER SUSAN I 1.02 RES 2.8 3 R1071520060 WOKERSIEN VIRGINIA N & KENT J 1.02 RES 2.8 3 Rl071520040 MONTGOMERY FRANCES E & WILLIAM C 1.01 RES 2.8 3 R1071520071 PETSCHE TIM & LISA 1.01 RES 2.8 3 R6744800170 GREEN ROBERT W & ELIZABETH A 1.01 RES 2.8 3 R1071520050 SICKINGER ROBERT T & RAMIREZ IRENE 1.01 RES 2.8 3 R1071520024 LARSON GERALD A & SUSAN L 1.00 RES 2.8 3 S1121347125 MURDOCK RICHARD D & TRINA A 1.00 RES 2.8 3 R6744800030 KELLER LANCE 1.00 RES 2.8 3 S1128131300 KEMPTHORNE ROY M & NANCY J 1.00 RES 2.8 3 R6744800020 BEITZ LEONARD F & NANCY H 1.00 RES 2.8 3 R4626240150 KELLY RONALD LEE 1.00 RES 2.8 3 R4626240085 STEAR DAVID J & REVA M 1.00 RES 2.8 3 R6744800040 KELLER LANCE H 0.99 SFD 1 R4626240385 KORN GREGORY A & CONNIE J 0.99 SFD 1 R7555000041 HUBBS RICHARD J 0.99 SFD 1 R4626240600 PRATHER DAWN 0.98 SFD 1 R4626240175 FONTAINE RODNEY J 0.97 SFD 1 R4626240325 GRIFFIN JOHN MICHAEL & JANICE 0.97 SFD 1 R4626240050 A1WOOD DARRELL J & CINDI 0.96 SFD 1 R 4626240 1 00 FULTON GARY R & DEBORAH K 0.96 SFD 1 R4626240275 HALE WESLEY D 0.96 SFD 1 R7555000255 ROGERS JAMES L & PAMELA A TRUST 0.95 SFD 1 R4626240350 FULTON DAVID G & SHIRLEY J 0.93 SFD 1 R4626240225 HOLADAY RAY H & CAROL R 0.93 SFD 1 R4626240200 STEWART ROBERT N & COUCHER PATRIC 0.93 SFD 1 R4626240250 BYRD MAX STEVE 0.93 SFD 1 R7555000155 CORNELL IDA M 0.93 SFD 1 S1121336050 MCKIBBIN DENNIS P & DEBRA J 0.93 SFD 1 S1121336175 THOMASON MARTY Y & LEETA G 0.92 SFD 1 R7555O:XJ265 MURPHY BELINDA A 0.92 SFD 1 R4626240450 HARRIS DAVID G & RHONDA R 0.92 SFD 1 R4626240025 RACKHAM LAWRENCE H & J'DEANNE F TRI 0.92 SFD 1 R4626240550 BIEHL KENNETH R & KATHY J 0.92 SFD 1 R4626240525 COX DAIL ROBERT JR & SHIELA F 0.92 SFD 1 R4626240500 THOMAS EDWARD J & JANELLE B 0.92 SFD 1 ERU Calcs-Ex.B Silverstone Sewer L_ C .alternale2.1 0-2-02 EXHIBIT "8" Page 4 of 4 ERU's Projected Parcel Owner Acreage Land Use per acre ERU's R4626240475 TAYLOR ROBERT N & LAURA B 0.92 SFD 1 R4626240000 KELLER RAY N 0.92 SFD 1 R4626240575 RANTALA GREG A & TERrSA A 0.92 SFD 1 R0330770055 MORALES KRISTI CARROL 0.91 SFD 1 R4626240675 GALLAGHER ROBERT J & ANITA L 0.91 SFD 1 R4626240650 LAURSEN JAMES W & KARMEL A 0.91 SFD 1 R4626240625 HUCKE DONALD W & ROBERTA J 0.90 SFD 1 R4626240700 FEHRINGER BILL J & NANCY K 0.90 SFD 1 S1116347190 ROE SANDRA J 0.88 SFD 1 S1121325875 HILL WAY INC 0.85 SFD 1 R7555000261 STOCKDALE RrCKALAN 0.85 5FD 1 R0330770060 GRA TIOT RICHARD F JR 0.84 SFD 1 51128212450 GRAVES LARRY VAN & TERRY SUE 0.81 SFD 1 R7555000251 SPARKS HERMrS E & CHARLOTTE A 0.81 SFO 1 R6744800008 FAZENBAKER GARY L & DEBRA G 0.79 SFD 1 S1121347026 CARLETON JOE R & TRACEY L 0.74 SFD 1 51128438410 PARKIN BENJAMIN G & SHANDY M 0.74 SFD 1 R7555000025 HUBBS RICHARD J 0.74 SFD 1 S1121325775 HILL WAY INC 0.61 SFO 1 81117449302 SWEET JAMES EDWARD JR & JOY 0.60 SFD 1 R588n00190 COULSON LEE R & HEIDI ANN 0.58 SFD 1 R 588771 0450 KNOll HARVEY & LYNDA 0.52 SFD 1 R588n00180 BOWER DEAN A & PHILLIS I 0.51 SFD 1 R588n1 041 0 W & S INVESTMENTS INC 0.46 SFD 1 R6744800192 SWEET JAMES E JR & JOY L 0.43 SFD 1 R588771 0020 PARK WAYNE R & CAROL A 0.42 SFD 1 R4626240390 KORN GREGORY A & CONNIE J 0.41 SFD 1 R58877oo170 W & S INVESTMENTS INC 0.39 SFD 1 R588771 0390 BK BUILDERS LlC 0.39 SFO 1 R588noo200 W & S INVESTMENTS INC 0.38 SFD 1 R4626240375 KORN GREGORY A & CONNIE J 0.38 SFO 1 R588771 0420 GRAY BLAKE W 0.38 SFO 1 R58877oo320 TAYLOR R DANIEL & ANGIE F 0.37 SFD 1 R588771 0070 ROBERTS RHODONNA & JOSEPH W 0.37 SFD 1 R5887710010 FOISY LEANNE & PHILLIPS JEFF 0.37 SFD 1 R588n10400 SVOBODA LEE P & FRANK JANICE M 0.35 SFO 1 R588771 0440 WEST JOHN W & CAROLE 0.35 SFD 1 R588771 0430 HOBBS LARRY K & VICKI 0.35 SFD 1 R588771 0060 LEWIS WilLIAM H & JUDY 0.34 SFD 1 RS887700220 BERNASCONI JOHN L & MISTE R 0.31 SFD 1 R588n10030 JARED ENTERPRISES INC 0.31 SFD 1 R588771 0050 NEWSOM TERRY W & STEVENSON-NEWS( 0.31 SFD 1 R588n00210 DEVEREAUX KEVIN & JILL 0.30 SFD 1 R588noo330 BRIGHTON CORPORA nON 0.29 SFD 1 S1128131350 KEMPTHORNE ROY M & NANCY J 0.29 SFD 1 R588771 0040 BROWN SCOTT L 0.27 SFD 1 $1121347023 MURDOCK RICHARD D & TRJNA A 0.27 SFD 1 R1071520072 BAUMBACK DONALD F & PATRICIA S 0.22 SFD 1 S112133$475 CARPENTER ROBERT S & NEDRA J 0.17 SFD 1 S1128212465 GRAVES LARRY VAN & TERRY SUE 0.16 SFD 1 . Denotes portion 01 parcel wrttun latecomers area Subtotal: 920.64 1823.00 Note: Any parcel less than 1.0 acre not considered for redevelopment and assigned 1 ERU Total Net Benefit Area (incl. developer's area): 1082_82 rea Basis Basis Percentage Developer's: 7.93% 4.88% Percentage Latecomer's: 92.07% 95.12% 100.0% 100.0% Non-Contributing Area S1121212480 ADA COUNTY HIGHWAY DISTRICT 2.89 S1117449310 OVERLAND WAY HOA INC 0.08 R6744800012 OVERLAND WAY HOA INC 0.03 Subtotal: 3.00 ERU Cales-Ex.B Silverstone Sewer L _ C.alternate2.1 0-2-02 .. EXHmIT C" FIVE MILE TRUNK SEWER EXTENSION SEWER LINE LATE COMERS' AGREEMENT FEE COMPUTA nONS AREA DETERMINATION: Total Service Area == 1082.82 Gross Acres Latecomers Area == Total Service Area - Developer's Area TOTAL SERVICE AREA PROJECTED ERU1s: I 2007.00 %OF TOTAL 100.0 ( DEVELOPER'S AREA PROJECTED ERU's: I 98.00 %OF TOTAL 4.9 I LATE COMER'S PROJECTED ERU's: I 1909.00 FEE COMPUTATION: %OF TOTAL 95.1 I DEVELOPER'S CONTRIBUTION: $ 820,384.91 Verified from Billings PORTION A1TRlBUTABLE TO DEVELOPER1S SUBDIVISION' 4.9% x $820,384.91 = $40,058.66 PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT: Total Service Area (100%) - Developer's Percentage = Percentage Eligible = 95.1 % 95.1% x $ 820,384.91 $780,326.25 LATE COMER FORMULA: (Eligible ReirnbursementlLate Comer's Service Area ERU's = Late Comer Fee per ERU) $ 780,326.25 $408.76 1909.00 REIMBURSEMENT BASIS: Assume payback period of ten years and an overall growth rate of 46% within the Late Comer area over that ten years. The Adjusted Late Corner fee per ERU :;::: $ 408.76 46% = $888.61 Pagel SewerL_C Agreement-Ex.C Silverstone Sewer L_C.alternate2.1O-2-02 ADMINISTRA 71VE FEE: An administrative fee will be added to the latecomer fee to cover costs to 10% Latecomer Fee wi City Administration Cost: $888,61 x 10% $977.47 REIMBURSEMENT SCHEDULE: The Developer paid the costs of installing the sewer line. The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject sewer line will be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1st, at an annual percentage rate of 6% The latecomer fees shall be: Effective Date Latecomer Fee per ERU October 1,2002 $977.47 October 1, 2003 $1,036.12 October 1,2004 $1,098.29 October 1,2005 $1,164.19 October 1, 2006 $1,234.04 October 1, 2007 $1,308.08 October 1,2008 $1,386.57 October 1, 2009 $1,469.76 October 1,2010 $1,557.94 October 1,2011 $1,651.42 Table I Page 2 SewerL_C Agreement-Ex.C Silverstone Sewer L C.altemate2.1O-2-02 { ?~ lJJoV\e AMF.NnF,fl WATF,R LINR LATRCOMF,RS AGRRRMF.NT{pRIVATE} Cif FIVE MILE ROAD OVRRLAND & F:A(;f,R ROAD WATER LINE EXTENSION tlW- SUNDANCE INVESTMENTS LIMITED PARTNERSHIP This Agreement made and entered into this ft day of r'! "~A "'~7 2002l, by and between I ~ SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, an Idaho Limited Partnership, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WIT N E SSE T H: WHEREAS, the City limits extend 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 constructed 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 of Overland Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 460.98 acres which, if developed under the land use density projections shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit "Bu, there could be 637 equivalent residential units (ERU) in the 460.98 acres; that the Developers subdivision(s) consists of 98 ERU; that on the land not included in the Developer's subdivision, there could be 539 ERU; and WATER LlNE LATE COMERS AGREEMENT Page - I of I 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 hne is shown in Exhibit "A"; 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 will be subject to the latecomer fees described herein; that 68% of the land not included in the Developer~s subdivision would be developed in ten years, the term 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 DeveIoper~s Subdivision(s) which could contain 98 ERU's, or 15.4% of the total area to be benefited by the construction ofthe 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 Developerts 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 comers 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 WATER LINE LATE COMERS AGREEMENT Page 2 of6 comers fee may be used to reimburse the person or persons so extending the water line(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, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. 2. That the Developer has paid for engineering, planning and construction of the water line shown in Exhibit "A", and which win benefit the land also shown in Exhibit "A". 3. The Developer has contributed $304,743.00 to total construction costs of the said water line, of which Developer 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 a1lland in Exhibit "A" subsequently connecting to the water line referred to in Exhibit II ^'t, except the land in Developer's Subdivision( s), the City will charge the sum of $733.90 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to as "LATE COMERS"; 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 IILATE COMERS FEE"; the fee is in addition to any other water charges for connection to the water system; the computation of the WATER LINE LATE COMERS AGREEMENT Page 3 of6 Late Comers Fee is shown on Exhibit "C" attached hereto and by this reference incorporated herein. 5. That all. the late comer tees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "FIVE MILE ROAD WATER LINE EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT" 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) each year for the term of the agreement, and shall be distributed quarterly to the Developer. 6. That the late comer fees assessed, which will go into the FIVE MILE ROAD WATER LINE EXTENSION PROJECf (SUNDANCE) REIMBURSEMENT ACCOUNT, shall increase at a rate of 6% per annum as shown in Table 1 of Exhibit "C". 7. That the late comer tees shall be collected by the City from all users subsequently connecting to the water line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in Developer's Subdivision. 8. That the City shall charge the FIVE MILE ROAD WATER LINE EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT the 5% fee authorized by 9-1-13. 9. That the City shall have prepared on an annual basis an auclit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost oftrus 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 nAil 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 $25_7.,85.9.A.6.____.2-32;+2S:-8Z.-, plus interest, as determined in Paragraph 6, less the 5% IfD~ ":4- WATER LINE LATE COMERS AGREE.MENT Page 40[6 administrative fee or, if this is not achieved, for a period of ten (10) years or, until such time the water line described herein is abandoned. If the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this i8" day of :r M'" -..... 7 200D. , C/"'" ~ BY: CITY OF MERIDIAN ROBERT D. CORRIE, MAYOR ATTEST: WlLLlAM G. BERG, JR., CITY CLERK Approved By City Council: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP By an Anderson, Vice President of The Sundance Company, an authorized agent of Sundance Investments Limited Partnership (corporate seal) WATER LINE LATE COMERS AGREEMENT PageSof6 ST ATE OF IDAHO,) : ss. County of Ada, ) On this _ day of , 200il, 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 executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COfvfMlSSION EXPIRES STATE OF IDAHO,) ss. County of Ada, ) d I01-rl On this ~ day of }tt".."",..~ ' 200il, 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 LIl\1ITED 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. i~,.:1",.~:;-~.'r 5.t'.l!."~b ~'~'... Lf' l~l~t lo.. b...~lt~ t', {' '. L 4f p- 4"- ..'" ,.,.J (Dc"'iMI!I>(!>o "'0' <t.. ~..~.... m 00 ,. ':rSt;~^~' ~< ~ ~ ~OTARt- at'" ~ :;~g ~t:n~ ~~ n~ g ~o Qtb : ~ : ~",~"'3 .....L~ ~ "..., Q II '" iIJl ;')l"rbp "C:: '" ti., '" U B L 1 · 0 .. ~ ,.....~ ~..~ .-."\.: ... ~. . Ci . 'T .. ~","'1 ~.,.,.-=-e0eooa-lt. 'b-... ........ .....( 1;.' \0("\\.".... ..."'" .~ 0--;;;' .v,~ Vi!Qr L' ~~.. ~ ~ ~ ~ II i-'~."'''''.\. (Jf;u~L~ (}/YYYJ 91ft!' NOT ARY PUB FOR IDAHO RESIDING AT MY COMMISSION EXPIRES WATER LINE LATE COMERS AGREEMENT Page 6 of6 \.::.vt L\\\~J..; ~a T~~.' j i i l.~h.) ( i LJ II t-..lIU ~- I.' ,Y, 'i~b! I i Ii i1 ; III \-\1\_,.:, j L.llr4'--" '.1 If~= ~." _ J 1 I I j J I :?:.\ ',' L_"'-i.=:l,~. --.'-- :'-:';Ir~- ---'r~:"_'.:..~7::--=:' ~i , :>\,'.,\~ )"~~/''"\''~1i[jm'''- 'i=L.. Iii Ii! -TI!' ~Bil ..\\\ '<-,,\.~.z~m":l "'~~ h'/ .' 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It==':' ~ !-- 'r- F\, i 1 I ' I I 1 I .---~I ! i i 1 Latecomer's Area N W*F 1000 2000 3000 4000 Feet s Sund~nce Investments Lim~ed Partnership. Water latecomer Agreemer' . . ( SilVERSTONE SUBDIVISION WATeR LATECOMER ERU CALCULATIONS Devetoper Sundance DevelOilment Co. Running Count ERU's PrOjected Projected T alai Likely to De-.'elop of Parcels Likely Acreage land Use per acre ERlfs latecomer Payment W~hjn 10 Years? To DevelOp 58.59 I MU 1 1.14 I 67 I T I I 19.42 I MU I 114 I 22 I I I I 7.83 I MU 1 1.14 I 9 I Parcels from Ada County GIS Mapping Primowner DEVELOPER'S PARCELS ISUNDANCE INVESTMENTS LIMITED PARTNERSHIP ISUNDANCE INVESTMENTS LIMnED PARTNERSHIP ISUNDANCE INVESTMENTS LIMnED PARTNERSHIP LATECOMER PARCELS GRIFFIN JAMES F 83.57 MU 1.14 95 $66.400 Y 95 I KEPUS CHRISTOPHER J & KATHLEEN M 67.81 MU 1.14 77 $53.819 Y 172 I IDAHO ELKS REHAB HOSPITAL INC 52.62 MU 1.14 60 $41,937 Y 232 VAN AUKER RONA.LD W 32.90 MU 1.14 38 $26.560 Y 270 VAN AUKER RONALDW 16.17 MU 1.14 18 $12,581 Y 288 KENAIPARTNERSllC 12.30 MU 1.14 14 $9,765 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 MV 1.14 11 $7,668 Y 356 COULTER KENNETH D & CONNIE 9.91 MU 1.14 11 $7.688 356 TERTELlNG COMPANY INC 9.90 RES 2.8 28 $19.571 Y 38<1 KEPUS CHRISTOPHER J & KATHLEEN M 9.77 RES 2.8 27 $18,872 Y 411 SPOFFORD CONNIE L & PHILIP W 9.40 RES 2.8 26 $18,173 411 KENAI PARTNERS llC 7.81 RES 2.8 22 $15.377 Y 433 RACKHAM LAWRENCE H & JDEANNE 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 MV 1.14 3 $2,097 Y 436 ADA COUNTY HIGHWAY DISTRICT 2.89 0 0 $0 436 ADAMS WILLIAM B & IRENE F 2.02 RES 2.8 6 $4,194 436 HUrT OONALD 0 & KARYN MARIE 1.86 RES 2.8 5 $3.495 436 TIBBETTS JERRY l & CAMILE A 1.76 RES 2.8 5 $3,495 436 COLUMBIA INVESTMENT LLC 1.67 RES 2.8 5 $3.495 436 BARTON LEWIS E & MARY ANN 1.63 RES 2.8 5 $3,495 436 COLUMBIA INVESTMENTS LlC 1.45 RES 2.8 4 $2,796 436 GREEN ROBERT W & EUZABA TH A 1,01 RES 2.8 3 $2.097 436 KELlER LANCE 1.00 RES 2.8 3 $2,097 436 VAN AUKER RONALD W 1.00 RES 2.8 1 $S99 436 BEITZ LEONARD F & NANCY H 1,00 RES 2.8 1 $S99 436 KELLER LANCE H 0.99 RES 2.8 1 $S99 436 FAZENBAKER GARY L & DEBRA G 0,79 RES 2.8 1 S699 436 SWEET JAMES EDVVARO JR & JOY 0.60 RES 2.8 1 $699 436 SWEET JAMES E JR & JOY l 0.43 RES 2.8 1 $699 436 OVERlAND WAY HOA INC 0"08 0 0 $0 436 OVERLAND WAY HOA INC 0.03 0 0 $0 436 460.9B Acres 637 ERl1s ERl1s flkely to develop: Total Projecled ERl1s: % Likely to develop wfln 10 Yrs: 436 637 68% . Denotes portion within la1ecomer's area Pagel silverstone H2O Le, 10-8-02 1127/2003 II EXHIBIT C" SUNDANCE INVESTMENTS L.P. SIL VERSTONE WATER LINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: Total Service Area := 460.98 Gross Acres Latecomers Area:= Total Service Area - Developer's Area TOTAL SERVICE AREA PROJECTED ERU's: I 631 %OF TOTAL 100.0 DEVELOPER'S AREA PROJECTED ERU's: I 98 %OF TOTAL 15.4 LATE COMER'S PROJECTED ERU's: I 539 %OF TOTAL 84.6 FEE COMPUTATION: DEVELOPER'S CONTRIBUTION: $ 304,743.00 Verified from Billings PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION: 15.4% x $304,743.00 $46,883.54 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 ERV) $ 257,859.46 := $478.40 539.00 REIMBURSEMENT BASIS: Assume payback period of ten years and an overall growth rate of 68% within the Late Corn.er area over that ten years. The Adjusted Late Corner fee per ERU = $ 478.40 68% = $698.95 ADMINISTRA TIVE FEE: An administrative fee will be added to the latecomer fee to cover costs to the 5% Latecomer Fee wi 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 will be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1 st, at an annual percentage rate of 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 February 7,2003 MERIDIAN CITY COUNCIL MEETING February 11,2003 APPLICANT ITEM NO. 3 - n REQUEST Heritage Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See Attached Memo / Agreement ~,rY Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVE .~~ D icB - 7 2003 C'f;v c!-h'.OfMeridi 1,,'y Clerk Offj8l1 ce To: Mayor Corrie & City Council From: Brad Watson, P.E. /,;<:'iG/ CC: File, Gary Smith, PE, City Clerk Date: 2/7/2003 Re: Proposed Agenda Items for January 28 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 28 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Baldwin Park Subdivision Water Latecomer Aareement. This agreement provides partial reimbursement for off-site water main construction completed as part of the Baldwin Park Subdivision. This agreement has the same terms as those approved by Council for the water and sewer latecomer agreements for Sundance Company (Silverstone Subdivision). The Finance Department has reviewed this agreement. Recommended Council Action: Approve the Baldwin Park Subdivision water latecomer agreement with Capital Development and authorize the Mayor to sign and City Clerk to attest the agreement 2) Revised Silverstone Subdivision Water and Sewer Latecomer Aoreements. These agreements were approved by Council in the fall of 2002. After recordation of the agreements, the Finance Department discovered several errors in the documents. While most figures were correct in both documents, there was one conflicting interest figure and one reference to an incorrect repayment amount. The revised agreements have repeatedly proofed for correctness. Recommended Council Action: Approve the revised Silverstone Subdivision Water and Sewer Latecomer Agreements and authorize the Mayor to sign and City Clerk to attest. . Page 1 #- 3) Streetlight Agreement - Heritage (Quenzer) Commons Subdivision No.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Heritage Commons Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) "New three party" License Agreement with Nampa & Meridian IrriQation District - Five Mile Creek Sewer Crossing. New sanitary sewer main to serve the new LDS Church south of Franklin Road on Locust Grove. This agreement is a three party agreement between the Nampa & Meridian Irrigation District, The LOS Church, and the City of Meridian. The purpose of this type of agreement is because of the staging of responsibilities. During the construction period the agreement is between the MNID and the LOS Church, and upon the final acceptance of the main by the City of Meridian, the Church drops out of the agreement, and the City becomes the Licensee. This will cut out a necessary step of having to re-ficense the crossing to the City of Meridian once it's complete. Recommended Council Action: Approve and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. /--1 . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into by and between by the CITY OF MERIDIAN and BRIGHTON CORPORATION, pertaining to the street lights i~~ COMMONS SUBDIVISION (aka HERITAGE COMMONS SUBDIVISION), a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Brighton Corporation has provided one (1) street light pole, concrete pole bases, fixtures, bulbs, and ballasts to the residential development known as QUENZER COMMONS SUBDIVISION (aka HERITAGE COMMONS SUBDIVISION) in Meridian, Idaho. The parties acknowledge that the fourteen (14) street light poles and fixtures were specially ordered items, not customarily used in residential de vel opments. 2. Brighton Corporation or its assigns, agrees to replace, repair and provide any required maintenance of any of the above mentioned street lights, globes, ballasts, and/or components thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that globes, and/or ballasts, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the fourteen (14) street lights located in QUENZER COMMONS SUBDIVISION (aka HERITAGE COMMONS SUBDIVISION) in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain globes and ballasts or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provides that Idaho Power would provide maintenance, globes, and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to QUENZER COMMONS HO:MEOWNERS ASSOCIATION (aka HERITAGE COMMONS HOMEOWNERS ASSOCIATION) when said Homeowners Association is formed and operational. Quenzer Commons Subdivision - Street Light Agreement Page 1 6. This AGREEMENT shall be binding on Brighton Corporation, its heirs, successors and assigns, and the City of Meridian. DATED THIS A TrEST: City Clerk day of ,2003. CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho. By Mayor BRIGHTON CORPORATION By President or Brighton Corporation R resentati ve Quenzer Commons Subdivision - Street Light Agreement Page 2 ( STATE OF IDAHO ) :. ss. County of Ada ) On this i~ay of ~ ' 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared and , of the CITY OF MERIDIAN, a municipality and political subdi vision of the State of Idaho, known to me to be the Mayor and City Clerk of Meridian, Idaho, who subscribed their names to the within and foregoing instruments in their capacity as Mayor and City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) NOT AR Y PUBLIC FOR IDAHO Residing at Meridian, Idaho Commission Expires: STATE OF IDAHO ) : ss. County of Ada ) On this 1'/Jl- day of ~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appe ed Patrick J. Hurley and Rebecca A. Hanks known to me to be the Representative and Secretary, of Brighton Corporation, who subscribed there names to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said Corporation as Representative and Secretary, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ..;.).... _', , .,.~~,' J.~. .'-t. . "-- ;..>-..?...~" .':~' .._....",,~,' ~.)':).;).~?)00~ {.... I "'"l. r-(:-"(' ..~,';:; 08 ~ "1{),_ <',;' '~,",,=- 2/ (; ....' ([-'0 .00 "7', .,~ '" ~-) ,.", "TA0. 'L, t.P -; gg u (> "\~v., .,'-?" ;; ~ 8 ~ ~ '" ,Q c:::..-oC'::- g ...h- D ~),;'{o or.~ <g t h ,,,,C 0 ,"j p 0 ~UB\..:I- 6' " ~ 00 0 r%'J ~ 1f--:;,. 00 c!!JO 40 k % <./1 '::00000000 ~<t'. // <>qc~; .{ 'l! 0 p 19 ';,~~,e t..'1)^ .......... .....<j.v ~I]OLIGOQ30UIlU~" NOT AR Y PUBLIC FOR ID HO Residi~g ~t Boise,' Idahoep;fr;/05 CommIssIOn ExpIres: 'I c. Quenzer Commons Subdivision - Street Light Agreement Page 3 . ., < "'r."'cl-V n-f"n""'~" (' .~~..;.M L..>Jvh I J rnt.\.IL:;i..:~:\~. ;" Ct,'.'r: n:..../Arf\:l . pI'. - .,.... ,..... c c t{!:.L;UI,Ut.U -n' m~2'~?j 9243 'tb MERIDIAN CIIY ,.'i' ?CJ:J2 Or'" I 6 p:,( 3' 27 4,.,," l,. . J I . STREET LIGHT AGREEjVIENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Brighton Corporation, pertaining to the street lights in Quenzer Commons No.1, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Brighton Corporation has provided 14 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Quenzer Commons No.1 in Meridian, Idaho. The parties acknowledge that the 14 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Brighton Corporation or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 14 street lights located in Quenzer Commons No. lin the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to Heritage Commons Homeowner's Association. QUENZER COMMONS NO.1 - STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Brighton Corporation its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ,..-.,!.I , 'fh ':' -- day of tee' fL' /1€ v ,20 02 . CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho I.. ATTEST: Brighton Corporation By: ~/~4~ David W. Tumbull, President ~ QUENZER COMMONS NO.1 - STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO ) ) ss. County of Ada. ) On this ~ay of Oc;~\1t.{ ,2oD2. , 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 ........ ...ON S ... .~OT~1f(~... 'I"" ~ J.... ~" . I \ . . : \ . . I I . . t I . .. \ , .. " \ l . ". <.P~...!bBL\~~O." .. .,.r-'t,,;,--~~~.. ......qOF J.Y.. ........ ~ ncvfl. n\.8f)\~ NOTARY PUBLIC FOR IpAHO RESIDING AT Ad~tDllt(,ctl'r MY COMMISSION EXPIRES JJdw if - 29>-()t5 (' '. .' STATE OF ) ) ss. County of ) On thi?6Clgay of ~~o d2:...., before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull known to me to be the President of Brighton Corporation, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. / QUENZER COMMONS NO.1 - STREET LIGHT AGREEMENT Page 3 February 7, 2003 MERIDJAN CITY COUNCIL MEETING APPLICANT February 11, 2003 ITEM NO. 3~o REQUEST License Agreement with Nampa & Meridian Irrigation District - Five Mile Creek Sewer Crossing: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRJGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See Attached Memo / Agreement ~~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo R~?EIVED rcB - 7 2003 C"tv- c! 0/ Of Meridi It:Y Clerk Offjan ce To: Mayor Corrie & City Council From: Brad Watson, P.E. /,;<:'iG/ CC: File, Gary Smith, PE, City Clerk Date: 2f7/2003 Re: Proposed Agenda Items for January 28 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 28 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Baldwin Park Subdivision Water Latecomer Aareement. This agreement provides partial reimbursement for off-site water main construction completed as part of the Baldwin Park Subdivision. This agreement has the same terms as those approved by Council for the water and sewer latecomer agreements for Sundance Company (Silverstone Subdivision). The Finance Department has reviewed this agreement Recommended Council Action: Approve the Baldwin Park Subdivision water latecomer agreement with Capital Development and authorize the Mayor to sign and City Clerk to attest the agreement 2) Revised Silverstone Subdivision Water and Sewer Latecomer AQreements. These agreements were approved by Council in the fall of 2002. After recordation of the agreements, the Finance Department discovered several errors in the documents. While most figures were correct in both documents, there was one conflicting interest figure and one reference to an incorrect repayment amount. The revised agreements have repeatedly proofed for correctness. Recommended Council Action: Approve the revised Silverstone Subdivision Water and Sewer Latecomer Agreements and authorize the Mayor to sign and City Clerk to attest. . Page 1 3) Streetlight Agreement - Heritage (Quenzer) Commons Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Heritage Commons Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. ~ 4) "New three party" License Agreement with Nampa & Meridian lnigation District - Five Mile Creek Sewer Crossing. New sanitary sewer main to serve the new LDS Church south of Franklin Road on Locust Grove. This agreement is a three party agreement between the Nampa & Meridian lnigation District, The LDS Church, and the City of Meridian. The purpose of thiS type of agreement is because of the staging of responsibilities. During the construction period the agreement is between the MNID and the LDS Church, and upon the final acceptance of the main by the City of Meridian, the Church drops out of the agreement, and the City becomes the Licensee. This will cut out a necessary step of having to re-.license the crossing to the City of Meridian once ifs complete. Recommended Council Action: Approve and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. /-1 . Page 2 N fV\ \D ... AC\ 'fQ...~~ L \ c.liit... \,.I\. se. J LICENSE AGREEMENT ('Yd r:"/dP' ns~c.VY/ 3 LICENSE AGREEMENT, made and entered into this _ day of , 200t, by and among NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws ofthe State ofIdaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 and T-HE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LA ITER DAY SAINTS, a Utah corporation, SCk5; 50 East North Temple, Salt Lake City, Utah 84150-6912 # (0 16L party or parties of the second part, hereinafter collectively referred to as the "Licensee", WIINESSEIH: WHEREAS, Licensee is the owner of real property/right-of-way for a sanitary sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, ~ .?tJvJ /lCtt'7J:!s / 'Ij'-i /- of... c~<<;Y \ ~ - 17' WHEREAS, said ditch or canal and easement crosses and ink;! :sc{.;ls Lil,;\,.lISCC' s real prop8fty-as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, City of Meridian, by execution of this agreement, agrees to assume the maintenance and operation of the facilities constructed affecting said ditch or canal or the District's easement in the manner and under the terms and conditions hereinafter set forth after it provides final approval, in writing, and to be bound by the terms and conditions ofthis agreement and the City of Meridian agrees to assume the obligations and responsibilities as the Licensee which are imposed by this agreement once it provides final approval of the construction and installation.; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. LICENSE AGREEMENT - Page 2 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnity, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution ofthis agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnity, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. II. Licensee shall place no structures or landscaping of any kind above within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the LICENSE AGREEMENT - Page 3 District. 12. Should either party incur costs or attorney fees in cormection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the tenus and conditions of this agreement, the license ofthe Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in cormection with the recordation of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. third party. This agreement is not intended for the benefit of any third party and is not enforceable by any 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. LICENSE AGREEMENT - Page 4 ATTEST: Its Secretary ATTEST: ATTEST: .I"""''''''' ~.~ -"", S CHRiS +.. J ~c:,'V · · · .. .,..0-.... '~!!.:.b~~ORA.iio.;< ~\ 10. C) 1--.~ ~: OF THE ..~ \ \~~ SEAL :6 ~ ,,:. ....0 9. .A ~~ (,) .~~ x-.O · '" ~ '\..~-s:. ~!OING'O\~. ~~c, l ~ ~ ~o. · · .. '),~. ~I ......... * S 1,1 ~-"'I""I~ STATE OF lDAHO ) ) ss: County of Canyon ) NAMP A & MERIDlAN IRRIGATION DISTRlCT By Its President CITY OF MERIDIAN By THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DA Y SAINTS, a Utah corporation ~ By ,t1 On this _ day of ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren K Coon, known to me to be the President and LICENSE AGREEMENT - Page 5 SecretaI)', respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. Notal)' Public for Idaho Residing at , Idaho My Conunission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this _ day of ,2002, before me, the undersigned, a notal)' public in and for said state, personally appeared and , known to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity 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. Notal)' Public for Residing at My Conunission Expires: ST ATE OF //77lfI ) )ss. County of J/!?7.J..A,Cc ) On this ...?/f day of JAA/p /f/l P;,,)a:zJ ,2002, before me, the undersigned, a notal)' pu blic in and for said state, personally appearedrff"~ r ,A"L/;L1 aft(j , known to me to be the,4P'IWp/.'/~ A..:;~ ", ofOspeoti'.<eIy, of the CORP})RA TION OF THE PRESIDING BfSHOP OF THE CHURCH OF JESUS CHRIST OF LA TIER DAY S'"A11ff~ life;n'tjfyttfut executed the foregoing instrument, and acknowledged to me that such entity 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 ~~ ..d d~~~.(:: FLORA D. WRIGHT ta P hI ~ ./ 50 r: N.HMPLE ST 12TH Fl.R 0 I)' u ic lor ~,/7)1.4 SALT L.,\KE CITY. UT 84150 Residing at J/liC-rL.A..eEd/1/, UT MY COMMISSION EXPIRES -F- OCTOBER 10 ;>ocs My Conunission Expires:p,.,//~ ",/L)<:$j" STAl E OF UTAH LICENSE AGREEMENT - Page 6 EXHIBIT A Legal Description A right-of-way located in Locust Grove Road in the NW1I4, Section 17, Township 3 North, Range I East, B.M., Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: I. construct, install and maintain a sanitary sewer I ine within and across the District's easement for the Five Mile Drain, all within Licensee's right-of-way, described in Exhibit A and the right-of-way for Locust Grove Road, located near the intersection of Locust Grove Road and Franklin Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of two sheets: sheet SD2.4entitled "Potable Water & Sanitary Sewer Mains - No.5," bearing engineer's stamp dated August 27, 2002; and sheet SD1.gentitled "Potable Water & Sanitary Sewer Mains - No.4," bearing engineer's stamp dated September 5, 2002. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights ofthe District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder oftide to the property. Should Licensee fail to obtain such rights from the holder oftide to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. The parties expressly agrees that the City of Meridian shall not be considered the Licensee under the terms of this agreement until the City of Meridian provides final approval, in writing, of the construction and installation of the sewer line described in Exhibit C of this agreement. Until such time as the City of Meridian provides final approval in writing, the covenants, conditions and obligations of this agreement shall be binding upon the Church and its agents. At such time as the City of Meridian does provide final approval of the construction and installation of the sewer line, the parties agree that the Church shall be released from any obligations, conditions or covenants of this agreement, and the Church shall no longer be considered the Licensee under the terms of this agreement. LICENSE AGREEMENT - Page 7 e. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nOf perform any construction or activity within the District's easement for the Five Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easement for the Five Mile Drain is 60 feet, 30 feet to either side of the centerline. f Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 8 Five Mile Drain in NW1/4, S.17, .. --"'~..'"'1. T.3N, R.1 E, B.M., Ada County, -. . L I daho (August 1 994) I ':'.' I: ~ 4 " _~.',. ':Jr Exhibit B February 7,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT February 11,2003 g-p ITEM NO. REQUEST Water Main Easement, Linder Road Middle School - Joint School District No.2: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Easement rWnf'OF wyr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED FEB - 5 2003 C't c ~ty;y Or Mend] 1 Clerk. Ofii: To: Sharon Smith, Deputy City Clerk from: Gary D. Smith, PE CC: file Date: February 3,2003 Re: Sewer & Water Easements t,.1'"d. Q. r tf/l'deI 1.(( Sharon: I would appreciate it jf you could place these three (3) easements for the .[..eeust ~ ~rove elementary School on the "Consent Agenda of the next available City Council meeting. The attached one (1) water main and two (2) sewer main easements will allow the City access to operate and maintain City owned water and sewer mains on this project. These easements have been approved by the School District Board of Trustees and signed by the School District Superintendent and Secretary. "3k you, and if there are any questions please give me a call, Gary 0- From the desk of... Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E Watertower Lane, Suite 200 Meridian, Idaho B3642 . Page 1 (208) 898-5500 Fax; (208) 887-1297 WATER MAIN EASEMENT THIS fNDENTURE, made this _ day of , 20_ between Joint School District No.2, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED LEGAL DESCRIPTION and EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional cOlmection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. Water Main Easement EASMT. WTR.doc Page I TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Water Main Easement EASMT.WTR.doc Page 2 GRANTOR: ~~:~~ Joint School District No.2 ~~ STATE OF IDAHO ) ) ss County of Ada ) On this J.. gtb- day of JtuUJ.AYJ ,20 D6, before me, the undersigned, a Notary Public in and for said State, persona ly appeared tkri.5+i I-1.C.. DDvtJ1.el1. and i , known or identified to me to be the President and Secretar , respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. N9TARYPUB~CFORIDAHO f1~'~ a ..pfJJKL~ Residing ~f.v....-.,f...jJ. . Commission Expires: 3. ..1'- 03 at Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement EASMT. WTR.doc Page 3 LEGAL DESCRlPTION Linder Road Middle School Joint School District No.2 PERMANENT WATER LINE EASEMENT Being a parcel ofland situated within the NW I /4,SW 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho, as shown on Record of Survey No.53 I I, Ada County Records and more particularly as follows: Commencing at the Southwest Corner of said Section 36, Township 4 North, Range [ West, Boise Meridian. thence along the westerly line of said Section 36, North 00014'45" East, 2637.42 feet; to a Brass cap at the W1I4 corner of said section 36; thence along said westerly line South 000]4'45" West, 701.98 feet, to a point said point also being the Real Point Of Beginninl!:; thence leaving said westerly line along the centerline of a water line easement being 20 feet in width and 10 feet each side along the following courses; South 89045' 15" East a distance of 102.99 feet to a point; South 00014'45" West a distance of 185.25 feet to a point; South 44045' 15" East a distance of 36.04 feet to a point; North 90000'00" East a distance of I 1.76 feet to a point; South 000 ]4'45" West a distance of21.8] feet to a point; North 00014'45" East a distance of21.8] feet to a point; North 90000'00" West a distance of 11.76 feet to a point; North 44045' [5" West a distance of 36.04 feet to a point; North 00014'45" East a distance of [85.25 feet to a point; South 89045'] 5" East a distance of 112.92 feet to a point; South 44045']5" East a distance of52.83 feet to a point; South 89045' 15" East a distance of 120.97 feet to a point; North 000]4'45" East a distance of 105.87 feet to a point; South 00014'45" West a distance of [05.87 feet to a point; South 89045'] 5" East a distance of 277 .00 feet to a point; South 00014' 45" West a distance of 203.71 feet to a point; North 89045' 15" West a distance of 39.02 feet to a point; South 89045' 15" East a distance of 39.02 feet to a point; South 00014'45" West a distance of [20.]4 feet to a point; South] 1029'45" West a distance of79.89 feet to a point; South 45000'00" West a distance of 96.42 feet to a point; South 78059'45" West a distance of76.79 feet to a point; North 89045'] 5" West a distance of 106.34 feet to a point; North 000]4'45" East a distance of31.74 feet to a point; South 00014'45" West a distance of31.74 feet to a point; North 89045' I 5" West a distance of 17.29 feet to a point; South 00017' 57" West a distance of26.] 6 feet to a point; North 000] 7'57" East a distance of26.16 feet to a point; North 89045' ]5" West a distance of91.93 feet to a point; North 00014'45" East a distance of 36.67 feet to a point; South 00014'45" West a distance of36.67 feet to a point; Page I of I December 20, 2002 N89045' 15" West a distance of276.91 feet to a point to a point of Termination of said easement; The above described parcel contains 43,409 Square feet, or 0.99 acres more or less. {Basis of Bearing is NOQoI4'45"E, for the Westerly line of the SWI/4 of said Section 36, as shown on Record of Survey No. 5311, Ada County, Records. See EXHIBIT A Page 2 of I December 20,2002 EXHIBIT A , ! 35 ";~4 cOimER-------------2..~!og.3:~_!"'-~:___~-----------1 f : , I i : , J ' , J , , 1 r J , I ' , I. I' 110 i~ At::, ,'" I~ 1 1"Ct r I I~ u, ,0 [' I ,0 , r , , I i : , I j NTS J , I. ' 'co I SB9'4S'lS"E I' ~ ' ~ I' L 102.99' rt1" NOO'14'4S"E ".... i I i CL OF 20' WATER P 0 B ~ I I 105.87' LINE EASEMENT I . , . S44'4S'1S"E I" 0 f=: ----- ---------------------~, ~: : I J ~ ---:-~---=--l T f--:-~:-~.. -~.~- II J S89~45.15.E d ' I~ ' , I " ~----------J l L_______________________ ------- , b ~ ~:I ~r [ L ", - ----------=.::==--iYf.OCr=----t-=-r=-l -I I: ~ ....... ,..... U)I I I U') I f I I ~..." ;"I":l'~ SB9'4S'lS"E 'I' I ~ to, ~: !lll S89'4S'1S"E ~~; :. I "'" :J 01 I I~ 112.92' 12097' ~I' I;::; I j:&.,. t ~flJ . ~~[!8 ~ o ~I' I I bl,:'" I ~ ~ ! ' : N90"00'OO"E ~lll "'" :5: L '" / 11,76' NB9'4S'lS"W I I : ~ ::>;: I ' , ~l 39.02' j I i I ,S401-'4-5'1S"E '-, , _-' I , [' 36.04' SO{l"14'4S"W --1 1 SOO'14'4S"W 'I ' ~ 21.81' ! IV 120.a' , i ~ I,i i I: ~ if! Sl1"29'4-5"W I: ,Wo ,,![i~ , NB9'4S'1S"W 'Y ---- 'I ~ 91,93': ' f " POINT OF ' z ~~~~~'4S"E ,U! S4S'OO'OO"W J EASEMENT i NOO'l;'4S"E,~ I TERMINATION\L:-=~~~?!_~J L___ -:-~-~~:~,."."'"W i i-----27,.,T---;;;;;~;:;;-.;;7 ~:~:.,;:: N8.:::~ i : 26.16 17.29' 106.34' J ~/~6---------------N.8a-56'i8~--1333~50-;------------~--___J 1 j~ '0- I,,; j!'i --+- 35 i36 TAN., R.1W. -'f,il-'-'- W. USnCK ROAD 2 . 1 T.3N., R.1W. I SECTION CORNER February 7, 2003 MERIDIAN CITY COUNCIL MEETING February 11, 2003 APPLICANT ITEM NO. g - Q. REQUEST Sewer Main Easement Under Road Middle School- Joint School District No.2: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: COMMENTS See Attached Memo I Easement ~ wrrr Date: Phone: Materials presented at public meetings shall become property of the City of Meridian, City of Meridian Public Works Dept. Memo R~?EIVED reB - 5 2003 C.t c ~ y Or Meridi Ity Clerk O~a.n iLlCe To: Sharon Smith, Deputy City Clerk From:Gary D. Smith, PE CC: file Date: February 3,2003 Re: Sewer & Water Easements t.:/',..,d....,.. /lit del 1-1( Sharon: I would appreciate it if you could place these three (3) easements for the .{.eetJ51 ~ Grove elementary School on the "Consent Agenda of the next available City Council meeting. The attached one (1) water main and two (2) sewer main easements will allow the City access to operate and maintain City owned water and sewer mains on this project. These easements have been approved by the School District Board of Trustees and signed by the School District Superintendent and Secretary. :!J.k you, and if there are any questions please give me a call. Gary 0- From the de!lk of... Gary D. Smith,. FE Public Works DiNctor Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax; (208) 887-1297 ~t~ ~~r-FP{ SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of , 20_ between Joint School District No.2, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED LEGAL DESCRIPTION and EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. Sewer Main Easement EASMTSWR.doc Page I TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sewer Main Easement EASMT.SWR.doc Page 2 GRANTOR: ~riL4 Joint School District No.2 s~~ STATE OF IDAHO ) ) ss County of Ada ) On this J..1t+..!t day of JlU'U..IAY~ ,20 D3 , before me, the undersigned, a Notary Public in and for said State, persona y appeared Chvfst/I'\':=' POvtite1l.. and 1'\Ilo..vi D. , known or identified to me to be the President and Secretar , respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ~OTARYPUBLICFORIDAHO V~~ t1.~0JV-.--' Residing ~, J.d.. Commission Expires: ?~;'7-D 3 at Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sewer Main Easement EASMT.SWR.doc Page 3 LEGAL DESCRIPTION Linder Road Middle School Joint School District No.2 PERMANENT SEWER EASE~NT Being a parcel ofIand situated within the NWl/4,SWl/4 of Section 36, Township 4 North, Range I West, Boise Meridian, Ada County, State of Idaho, as shown on Record of Survey No.53ll, Ada County Records and more particularly as follows: Commencing at the Southwest Comer of said Section 36, Township 4 North, Range I West, Boise Meridian. thence along the westerly line of said Section 36, North 00014 '45" East, 2637.42 feet; to a Brass cap at the W 114 comer of said section 36; thence along said westerly line South 00014'45" West, 836.98 feet, to a point said point also being the Real Point Of Bel!inninl!; thence leaving said westerly line along the centerline of a sewer I ine easement being 20 feet in width and 10 feet each side of the following line, South 89045' IS" East, a distance of 157.91 feet to the point; thence continuing along said centerline South 00014'45" West a distance of 190.00 feet to a the point of Termination of said easement; The above described parcel contains 5760 Square feet, or 0.15 acres more or less. {Basis of Bearing is NOooI4'45"E, for the Westerly jine of the SWI/4 of said Section 36, as shown on Record of Survey No. 5311, Ada County, Records. See EXHIBIT A Page I 0 f I Decem ber 20, 2002 ------------, , , I , , 1 , I , . I , , I , I I , , I , , 1 I , I , j , , L ,<0 , co I~ ,~ iJ-' 'ID IE; ,0 ,0 1m , , I I i , , I . , I I I I , , I , , I , , I . , I I , I , I ______J EXHIBIT A , I 35 ! 36 S 69'09'371: 1335.94' 'fwl/4CORNER------------------------------ , t I , 1 I , I I , i I I I , , I 'iD i~ ,II) i 1~ I~ 'v ,- - I~ i~i ~N, p::l W' ~ t,1 -...., m ..... ~ bl p::lO -zl I , . I CL OF 20' SEWER P DB. -',J:::=~~!;:!=~'il / UN' ,.",,,'" F 157.91' : ,Y :1 ~~ I j 1f1:':o I :t1IlC! I ~: to I b:l!~ · 0 ~:li , <( -...f- 1- 10' I 0 10'-: l+- I a:::: !....j i 0:: "'" POINT OF : ~ ~ EASEMENT [ :J TERMINATION , . IZ IV (, NTS , , I . I I . I ~------------------~----------------------- is 1/16 N 66'56'16"lf 1333.50' I tic: 100 i~ -+- 35j36 _.~._._ TAN., R.1W. W. USllCK ROAD 2 . 1 T.3N.. R.1W. I SECTION CORNER February 7, 2003 MERIDIAN CITY COUNCIL MEETING February 11, 2003 APPLICANT ITEM NO. 3 --12- REQUEST Sewer Main Easement, Linder Road Middle School - Joint School District No.2: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTHER: See Attached Memo I Easement ,rilvU Mff~ Contacted: Date: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED FEB - 5 2003 C't c! Y Of Meridi Ity Clerk Offi':' To: Sharon Smith, Deputy City Clerk From:Gary D. Smith, PE CC: file Date: February 3,2003 Re: Sewer & Water Easements t..i""d~ r 114',dd 1..(( Sharon: I would appreciate it if you could place these three (3) easements for the .[.eeu!.l jkJ GroV'6 ClemenWy School on the "Consent Agenda of the next available City Council meeting, The attached one (1) water main and two (2) sewer main easements will allow the City access to operate and maintain City owned water and sewer mains on this project. These easements have been approved by the School District Board of Trustees and signed by the School District Superintendent and Secretary. ~k you, and if there are any questions please give me a call. Gary 0- From the de5k of... Gary D. Smith, PE Public Works Director Meridian PublJc Works Department 660E Watertowerl.ane,Suite200 Meri~ Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 S~F- ~2"Arr~z SANIT ARY SEWER EASEMEN'l THIS INDENTURE, made this _ day of , 20_between Joint School District No.2, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE A TT ACHED LEGAL DESCRIPTION and EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. Sewer Main Easement EASMT.SWR.doc Page I TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sewer Main Easement EASMT.SWR.doc Page 2 ( GRANTOR: ~~~~ uperintendent Joint School District No.2 s~ j\~ STATE OF IDAHO ) ) ss County of Ada ) On this a,St!J day of vtUtt.U..O..rM ,20 03, before me, the undersigned, a Notary Public in and for said State, persona yappeared c.t.,ri ~tr vtl!. DOI'l..t1e-Ll and 1"V\arj ly 1'1 D. 6~ ' known or identified to me to be the President and Secretary, respective y, of the corporatIOn that executed the wlthm mstrument, and acknowledged to me that such corporation executed the same. P~a.~ NOTARY PUBLIC FOR IDAHO Residing ~J~ Commission Expires: 3.J7-{) 3 at Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sewer Main Easement EASMT.SWR.doc Page 3 LEGAL DESCRlPTION Linder Road Middle School Joint School District No.2 PERMANENT SEWER EASEMENT Being a parcel of land situated within the NWII4,SWIJ4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho, as shown on Record of Survey No.5311, Ada County Records and more particularly as follows; Commencing at the Southwest Corner of said Section 36, Township 4 North, Range] West, Boise Meridian. thence along the westerly line of said Section 36, North 00014'45" East, 2637.42 feet; to a Brass cap at the W ]/4 corner of said section 36; thence along said westerly line South 00014'45" West, 1236.98 feet, to a point said point also being the Real Point Of Beginning; thence leaving said westerly line along the centerline of a sewer line easement being 20 feet in width, 10 feet each side of the following line, South 89045' 15" East, a distance of288.00 feet to the point ofTeJ111ination of said easement; The above described parcel contains 5760 Square feet, or 0.13 acres more or less. (Basis of Bearing is NOooI4'45"E, for the Westerly line of the SWI/4 of said Section 36, as shown on Record of Survey No. 5311, Ada County, Records. See EXHIBIT A Page I of I December 20,2002 ----------ul , I I , , I , j , , I , , I , , I , , I , , I I , 1 I [ , , L '''' I<D I~ ,~ I Ii'" '"" l~ ,0 ,0 I'" , I I I , I , . I , , I I i , , I t , I , , I , I I I i , , ____uJ EXHIBIT A I I 35 +W~~4 C{iRNER------h----U~~!09.3?!--~335.~~____ I , I I , I I i , , I , , I , , I , , I , , I N [, r I I l- ,,,, to> - I~ -~.- o .t ~ 181 ~ "', CQ l.U' ..... I om .... ~.. : ~81 ~ , "", I; ~~ o 1:- <( 0 o ,Vl 0:::' 0:::1 W' 0' ~I ...J, , 21 , , [ , , 1 I . I , , I , . I~ P.O.B.~ : I "fl:f::::"~:~~:-:::::::=. . ~~-_------u----- is I /16 -N-8B'56'lB-w--133a~5o';"""""------------ I 1-_ i~ i~ NTS CL OF 20' SEWER UNE EASEMENT POINT OF EASEMENT TERMINATION -+-- 35i.36 _.~._._ TAN.. R.1W. 2 i 1 T.3N.. R.1W. SECTION CORNER W. USTlCK ROAD February 7, 2003 February 11, 2003 MERIDIAN CITY COUNCIL MEETING i}-S APPLICANT ITEM NO. REQUEST Agreement for Professional Services with HDR Engineering for Safety Audit of Meridian Facilities: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo/ Agreement fJJ\~~ Contacted: Date: Phone: MaterIals presented at public meetings shall become property of the City of Meridian. February 7, 2003 MERIDIAN CITY COUNCIL"MEETING APPLICANT February 11, 2003 3'~S ITEM NO. REQUEST Agreement for Professional Services with HDR Engineering for Safety Audit of Meridian Facilities: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo/ Agreement OJffvV Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ?tC ,. i City of Meridian" Public Works Dept. lleCItlJrp; ,... f:' 1) ,. 11072,'" "lL4}" .. u{)J CfT'V C F,(S 0:r,-..,~ . f);:-. ~ :,' 'Ce ;. --'~':-:.:r,t.N- Memo To: Robert D. Corrie, Mayor From: Lenard Grady lo.!. CC: Date: 2/6/2003 R.' .E' C !/1Il rr;, -~ . . , j t.:.J' V I!J D Fed - ? 2003 ci::' (~i' ;"leridian Guy Clerk Office Re: Signature on Contract Documents I am enclosing two sets of documents for signature as summarized below: · GIS Preliminary Assessment for $10,000, which was approved by City Council on January 14, 20Q3. Development of a ReQuest for Proposal for Safety Audit of Meridian Facilities, for $3,000. Since the magnitude of this agreement only requires your signature as stated in the recently adopted purchasing polfcy, I have not put It on the City Council consent agenda for approval. If you wish me to do that, please let me know and I will arrange for that to occur. Please sign the documents and forward them to the City Clerk to attest them and return all copies of the contracts to me by internal mail. . Thank you, Len From the desk of.. Lenard Grady StaffEngineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho &3642 (20&) &9&-5500 Fax: (20&) 887-1297 gradyl@Ci.meridian.id.us . Page 1 SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this 30th day of January.>, 2003, between the City of Meridian ("OWNER") a municipal corporation through its Public Works Department, with principal offices at 660 E Water Tower Lane. Suite 200. Meridian. Idaho 83642-2300, and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with offices at 418 South 9th Street, Suite 301, Boise, Idaho 83702, for services in connection with the project known as Development of a Request for Proposal for Safety Audit of Meridian Facilities ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Tenns and Conditions for Professional Services." SECTION IV. COl\1PENSA TION Compensation for ENGINEER'S services under this Agreement shall be on the basis of lump sum. The amount of the lump sum is Three Thousand Dollars ($3,000). Agreement for Professional Services 1 1-1999 Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. Agreement for Professional Services 2 1-1999 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. QJ~~J. Mu:J :~-- BY: u;;1~f I)'~ NAN1E: ,Qobak D C-."e Me .' ,.- -, 33 E r ;...1..00 A>J~. ~.'J"'~6~ SEAL '" IfJ}." .~~. I ~ "1 ;tvo. ...~ 0 f W t "'<ooAo G ~J:5.... c; \ 1 Cl~r l.(. ~ ~ uSr 1Si' ^i5...~ ENGINEERING, me. .....//... ~ \\J~ /"'/J,. CD' ".~'(, \\~'ENGINEER" .... .,' "r., .:l'\ BY: NAME: TITLE: ADDRESS: 2-/1-03 ~c.. f.1fif€r"ovo.-l ~ 1-<;::~"" '/ ~O~ Agreement for Professional Services 3 1hdM..fvbo Moidf;1arf lk4-.frfJ-t1 dpAt If/C[, S qfC1!t. ?m;iI 3D( ~I'SI ,td(].iJ.o 2f37{) t- I 1-1999 EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES For Development of a Request for Proposal for a Safety Audit of Meridian Facilities Project For THE CITY OF MERIDIAN 1.0 BACKGROUND The Public Works Department has a need to develop a Departmental Safety Manual for theIr facilities which includes wells, a wastewater treatment plant, and construction projects. A safety audit of existing facilities is the first step in achieving the development of a safety manual. The City has requested that HDR help develop the scope of work for a safety audit and develop the Request For Proposal. 2.0 SCOPE OF SERVICES Task 1: Field Review of Facilities The purpose of this task is to visit specific facilities to help determine the scope of the Safety Audit. Brad Kruger, HDR's safety expert, will fly in from Omaha in the morning, and visit two well Installations, two constructIon sites, and the City's Wastewater Treatment plant. This is anticipated to take approximately 4 hours. Brad will fly back to Omaha that evenIng. In the course of the field review, Brad will provide general comment on site safety, and note any significant issues that he feels needs immediate attention by the City. Task 2: Prepare a Request for Proposal for a Safety Audit of City Facilities The purpose of this task is to develop a Request for proposal based on the findings of Task One. HDR will develop the Request for Proposal (RFP) for the Safety Audit based on the finding of Task One, and in City of Meridian format. One electronic draft copy will be provided for review and comment, and one electronic copy and one hard copy of the final RFP will be provided. 3.0 DELlVERABLES HDR will provide draft and final copies of the Safety Audit RFP. 4.0 SCHEDULE 5.0 Task 1 will be completed within 1 week from Notice to Proceed, depending on availability of airline flights. Task 2 will be completed within 2 weeks of completion of Task 1. City of Meridian HDR Engineering. Inc. -1. Develop Request for Proposal for a Safety Audit Consulting SefVices 1/30/2003 Scope of SefVices 5.0 PAYMENTS TO HDR Payment for Basic Services: For the scope of services described in Section 2, Scope of Services, total compensation will be a lump sum of $3,000.00. Payment for Additional Services: Compensation for additional services will be on the basis of a Lump Sum or Per Diem as agreed upon before the initiation of any such services. HDR will not perform any Additional Services activities without written authorization from the Public Works Department. City of Meridian HDR Engineering, Inc. -2- Develop Request for Proposal for a Safety Audit Consulting SeNices V30/2003 ScopeofSeN0es The parties have executed this Scope of Work as of the day and year written below. CITY OF :MERIDIAN Brad Watson City Engineer Date: HDR Engineering, Inc. cm04(jJoll1~C Mara Foley Vice President J - 3o-tJ3 Date: City of Meridian HDR Engineering, Inc. -3- Develop Request for Proposal for a Safety Audit Consulting Services 1/30/2003 Scope of Services EXHIBIT B TERMS AND CONDITIONS HDR Engineering, Inc. Terms and Conditions for Professional Services 1, STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed orfumished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality, ENGINEER makes no warranties, express or implied, under this Agreement or otheJWise, in connection with ENGINEER's services. 2. INSURANCE ENGINEER agrees to procure and maintain, at its expense, Worl<ers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional liability insurance of $1 ,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be fumished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer, However, since ENGINEER has no control over the cost of labor, materials, equipment or services fumished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing worl< in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENG INEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the worl<, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the Jaw of the stale where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will fumish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-fumished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an allomey, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an allomey, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER lakes aclion or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any inlerest in this Agreement or claims arising therefrom without the written consent of the other. 8. RE-USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments thai had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the (10/2001 ) parties. One or more waivers by either party of any provision, tenn or condilion shall not be construed by the other party as a waiver of any subsequent breach of the same provision, tenn or condilion. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available For inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and{or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written nolice, to suspend the perfonnance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any atlachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and seclions of this Agreement. Any proposed fees by ENGINEER are estimates to perfonn the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be perfonned, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of perfonnance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or lime required for perfonnance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These T enns and Conditions shall take precedence over any inconsistent or cOfltradictory provisions contained in any proposal, contract, purchase order, requisition, notice-ta-proceed, or like document. 14. EQUAL. EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be T enns & Conditions for Professional Services present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCS's. petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend perfonnance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consullant(s} or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of ha<:ardous materials, ENGINEER shall be entitled to tenninate this Agreement For cause on 30 days written notice. To the fullest extent pennitled by law, OWNER shall indemniFy and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. LIMITATION OF LIABILITY ENGINEER's and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in conneclion with the perfonnance of services or any other cause, including ENGINEER's and its employees' professional negligent acts, errors, or omissions, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds hannless ENGINEER and ils employees from any liability above such amount. 18. LITIGATION SUPPORT In the evenl ENGINEER is required to respOfld to a subpoena, govemment inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 2 (10/2001) City of Meridian Public Works Dept. llECltli'E f""r- D r-rRn . 7 ') "'l!.3 ..u' .il.t,l ~ I, C (Opo J'l'~ <., Of.'",~ . Or.- "'",_' "c."., ...- " -"r c;, " ",./';r'\l\l Memo To: Robert D. Corrie, Mayor From: Lenard Grady la j . CC: Date: 2/6/2003 RECEIVED Fed - ! 2003 C~t:.' {~i' Meridian CIty Clerk Office Re: Signature on Contract Documents I am enclosing two sets of documents for signature as summalized below: · GIS Preliminary Assessment for $10,OOO"which was approved by City Council on January 14, 2003. * Development of a ReQuest for Proposal for Safety Audit of Meridian Facilities, for $3,000. Since the magnitude of this agreement only requires your signature as stated in the recently adopted purchasing policy, I have not put it on the City Council consent agenda for approval. If you wish me to do that, please let me know and I will arrange for that to occur. Please sign the documents and forward them to the City Clerk to attest them and return all copies of the contracts to me by internal mail. . Thank you, Len From the desk of.. Lenard Grady Staff Engineer Meridian Public WOJks Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax; (208) 887-1297 grndyl@ci.meridian.id.U5 . Page 1 SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this 30th day of January.. 2003, between the City of Meridian ("OWNER") a municipal corporation through its Public Works Department, with principal offices at 660 E Water Tower Lane. Suite 200, Meridian, Idaho 83642-2300, and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with offices at 418 South 9th Street, Suite 301, Boise, Idaho 83702, for services in connection with the project known as Development of a Request for Proposal for Safety Audit of Meridian Facilities ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The <<HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of lump sum. The amount of the lump sum is Three Thousand Dollars ($3,000). Agreement for Professional Services 1" 1999 Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through nb fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. Agreement for Professional Services 2 I - 1999 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. ~~J: Mu:J ;G~ BY ~~t jJ ~; NAME: Robak () C~.'~ TITLE: M~ .,.._ 7 ADDRESS: 33 E r ;....1...0 A~~. tJ1~.I'.'J ........ rJ 8" 36 '#2 ~ ft H &)!- .' 0:",'"",,,,, G a..~):;s....C:lrCI~"l.(, HDR ENGINEERING, INe. "ENGINEER" BY, 7hdMjbr NAME f1/I..Q.fd Vi: 0rf TITLE: ~U{ dMtt ADDRESS: Jf/C[ S qiClJjf. ?null 3D{ 73t51'SI" !doJl?p ~37{) 2- c..c.. 11~€ro'O.lo-l rJO t r~~: ueJ. Agreement for Professional Services 3 1-1999 EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES For Development of a Request for Proposal for a Safety Audit of Meridian Facilities Project For THE CITY OF MERIDIAN 1.0 BACKGROUND The Public Works Department has a need to develop a Departmental Safety Manual for their facilities which includes wells, a wastewater treatment plant, and construction projects. A safety audit of existing facilities is the first step in achieving the development of a safety manual. The City has requested that HDR help develop the scope of work for a safety audit and develop the Request For Proposal. 2.0 SCOPE OF SERVICES Task 1: Field Review of Facilities The purpose of this task is to visit specific facilities to help determine the scope of the Safety Audit. Brad Kruger, HDR's safety expert, will fly in from Omaha in the morning, and visit two well installations, two construction sites, and the City's Wastewater Treatment plant. This is anticipated to take approximately 4 hours. Brad will fly back to Omaha that evening. In the cowse of the field review, Brad will provide general comment on site safety, and note any significant issues that he feels needs immediate attention by the City. Task 2: Prepare a Request for Proposal for a Safety Audit of City Facilities The purpose of this task is to develop a Request for proposal based on the findings of Task One. HDR will develop the Request for Proposal (RFP) for the Safety Audit based on the finding of Task One, and in City of Meridian format. One electronic draft copy will be provided for review and comment, and one electronic copy and one hard copy of the final RFP will be provided. 3.0 DELlVERABLES HDR will provide draft and final copies of the Safety Audit RFP. 4.0 SCHEDULE 5.0 Task 1 will be completed within 1 week from Notice to Proceed, depending on availability of airline flights. Task 2 will be completed within 2 weeks of completion of Task 1. City of Meridian HDR Engineering, Inc. * 1- De velop Request for Proposal for a Safety Audit Consulting Services 1/30/2003 Scope of Services 5.0 PAYMENTS TO HDR Payment for Basic Services: For the scope of services described in Section 2, Scope of Services, total compensation will be a lump sum of $3,000.00. Payment for Additional Services: Compensation for additional services will be on the basis of a Lump Sum or Per Diem as agreed upon before the initiation of any such services. HDR will not perform any Additional Services activities without written authorization from the Public Warks Department. City of Meridian HDR Engineering, Inc. -2- Develop Request for Proposal for a Safety Audit Consulting Services 1/30/2003 Scope of Services The parties have executed this Scope of Work as of the day and year written below. CITY OF NIERIDIAN Brad Watson City Engineer Date: IIDR Engineering, Inc. <:J1)wt dJ~10~ Mara Foley Vice President / - 30 -f)''6 Date: City of Meridian HDR Engineering, Inc. -3- Develop Request for Proposal for a Safety Audit Consulting Services 1/30/2003 Scope of Services EXHIBIT B TERMS AND CONDITIONS HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD O~ PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under t~is Agreement or otherwise, in connection with ENGINEER's services. 2. INSURANCE ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injul)' and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1 ,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be fumished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cast oOabor, materials, equipment or services furnished by others, or over the contractor{s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not val)' from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under constrtlction contracts shall not relieve the contractor from its responsibility far performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of constrtlction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and informalion pertaining to OWNER's requirements far the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetal)' limitations. OWNER will also provide copies of any OWNER-fumished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consullants that include reports and appropriate professional recommendations when such services are deemed necessal)' by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-fumished documents and services. In performing professional engineering and related selVices hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attomey, insurance counselor or accountant to pratectthe OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER Of the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance coullselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER lakes aelion or forebears to take action based upon or relying upon the selVices provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, Ihelr partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the ather. 8. RE-USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or fumished by ENGINEER pursuant to this Agreement. are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended Of represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attomey's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whale or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments thaI had become finn before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the {10/2001} parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Intemal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification andlor correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER relains the right to assess OWNER interest at the rate of one percent (1 %) per month, but nolto exceed the maximum rate allowed by law, on invoices which are not paid v.ithin forty-five (45) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced 10 writing, dated, and made part of this Agreement The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance v.ilh applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensaUon can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or lime required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Condltions shall take precedence OVer any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-te-proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that. to the best of its knowledge, no hazardous materials are present at the project sileo However, in the event hazardous materials are known to be Terms & Conditions for Professional Services present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos. PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quanlily and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," 'operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous malerials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners. employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals, and all court or arbitration or other dispute ~esoluUon costs) caused by, arising oul of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is allribulable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, consliMe the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior wrilten or oral understandings. This Agreement may be amended, supplemented or modified only by a wrilten instrument duly executed by the parties. 17. LIMITATION OF l.IABILlTY ENGINEER's and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER's and its employees' professional negligent acts, errors, or omissions, shalf not exceed the greater of $50,000 or the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER and its employees from any liability above such amount. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, govemment inquiry or other legal process related to the services in connection with a 199al or dispute resolution proceeding to which ENGINEER Is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 2 (1012001 ) February 7, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office Department Reports February 11, 2003 ITEM NO. 2/ - A -I REQUEST Reappointments to the Planning and Zoning Commission: Jerry Centers, six-year term to 2009: David Zaremba, six-year term to 2009: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: t~ brfJ J (j'/"~ l~V'" 'M.,VrtL V q to ~. ~ f~CVV }pO {/~ ~a 10 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. (0 CITY OF MERIDIAN ORDINANCE NO. 03- / !JoG BY: 7atnl'h-?- d~ Weud- AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2 OF CHAPTER 2 OF TITLE 11 OF THE MERIDIAN CITY CODE BY THE ADDITION AND/OR DELETION OF LANGUAGE DEFINING CERTAIN TERMS IN THE ZONING REGULATIONS ORDINANCE; PROVIDING VALIDITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1: That Section 2 of Chapter 2 of Title 11, be, and the same is hereby amended by adding and/or deleting language pertaining to the definitions of terms in the zoning regulations ordinance, and the same shall read as follows: 11-2-2: DEFINITIONS: Accessory Use or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a "dwelling unit". Administrator: A designated member of the City staff who is appointed by the Mayor, and is confirmed by the Council, to administer this Ordinance. Aesthetic: Those qualities of a development or natural feature which contribute to a pleasant enviromnent. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2~Page 1 Agriculture: The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however, that: A. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred feet (1001) of any residential zoning district. Agriculture does not include the operation or maintenance of a commercial stockyard or feed yard w here large numbers 0 f I ivestock are fed concentrated feeds, particularly for the purpose of fattening for market. Alley; A public or private way with an improved driving surface of not less than sixteen feet (16') nor more than twenty feet (20') wide and with a platted width not wider than necessary to accommodate said driving surface, drainage, utilities, fencing and appurtenant facilities, affording only secondary means of access to abutting property at the back or side of a property. Allowed Uses: Same as the definition of permitted use. Amenity: Attractive, pleasant or agreeable qualities associated with the design of a development or buildings and equipment. Apartment: A room or suite of rooms in a multiple family structure which is arranged, designed or used as a single housekeeping unit and has complete and permanently installed kitchen and bathroom facilities. Apartment House; Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building. Apparel Manufacturing: A facility involved in the manufacturing of articles of clothing. Appeal: A request for a rehearing or reconsideration or a request to a higher authority for a change of the decision on the application, usually because said application has been denied or approved with the conditions by the Administrator, Commission or Council. This Ordinance sets forth the procedure which must be following in the filing of an appeal. A time element is stated, and t he applicant must t alee action within this period. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 2 An appeal must also be filed on appropriate forms which have been adopted pursuant to this Ordinance. Applicant: Any person initiating an application for subdividing or development of land for the building or modification of any improvement on land. Applicant also includes any person submitting a request for rezone, conditional use, accessory use, annexation, or request to be allowed to make any application authorized under this Ordinance. Application: Proposals which are initiated by a person to the Commission and Council for consideration. An application shall include, but not be limited to, zoning amendments, conditional use permits, variances, preliminary development plans or plats, final development plans or plats, appeals, certificates of zoning compliance, certificates of occupancy and annexation. Architect: A person who is qualified by reason of his knowledge or mathematics, the arts, the physical sciences and the principles of architecture acquired by professional education and experience, to engage in the practice of architecture, Idaho Code section 54-301. Area Requirements: The designation given to the specific requirements set forth in a zone or district by the zoning ordinance text. Area requirements refer to the numerical standards established for a lot and building coverage in a particular district. Areawide Waste Treatment Management Plan (208 Plan): Section 208 of the Federal Water Pollution Control Act Amendments of 1972 calls for a rational program for cleaner water by 1983. The 208 Plan, known as the "1977 Ada/Canyon Areawide Waste Treatment Management Plan," requires the development of water quality solutions by state and local levels of government. Automotive Repair: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting a nd steam cleaning of vehicles. Automobile Washing Facilitv: A business primarily devoted to the washing, waxing, vacuuming and detailing of motor vehicles by either the owner of the vehicle or employees of the facility. Automobile Wrecking Yard: Premises on which two (2) or more currently non-licensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored. "Motor vehicles" includes also mobile homes, AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 3 trailers or trucks. Fully enclosed buildings are exempt from this definition. Babysitting: The act of caring for children for consideration while the parents or usual guardians are absent. If it is performed in the child's own home or all the children are brothers and sisters of each other, this definition shall not be restricted as to the number of children. If it is performed in the babysitter's home for children who are not all brothers and sisters, this definition of babysitting shall be restricted to three (3) children, not any of which are related as brothers or sisters. Babysitting is further defined as being performed on a sporadic basis and not on an every weekday basis. It is not to be confused with daycare or the definition of a "childcare facility". Bakery Store: A place where products such as bread. cake and pastries are made and sold. Banks and Other Financial Establishments: A business establishment where money is kept for savings or commercial purposes or is invested. supplied for loans or exchanged. (Excluding vehicle title loan institutions) Bars. Alcoholic Establishments (Tavern): A building where alcoholic beverages are sold for consumption on the premises. not including restaurants where the principal business is serving food. Basement: A portion of a building all or partly underground but having at least 0 ne- half ( 2) 0 fits height below t he average 1 evel 0 f t he a dj oining ground. Block: A group of lots, tracts or parcels within well-defined boundaries, usually streets. Boarding or Lodging House: A building (other than a hotel, motel or restaurant) where meals and/or lodging are provided for compensation to three (3) or more persons who are not members of the householder's family. Bottling and Packaging: Bottling and packaging of food and/or drink for off-site consumption and sale. Broadcasting, Radio and T.V.: An establishment dedicated to the transmission of radio or television programming for public or general use. Buffer Strip or Zone: An area established to protect one type of land use from possible undesirable characteristics of another, as between industrial AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 4 and residential zones. The more intensive utilization of land to provide screening from that of the less intensive. Building: Any structure securely fixed to the land, and which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. Building, A ccessory: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use. (For illustration, see 2-424 Al in the appendix of this ordinance.) Building, Existing: A building erected prior to the effective date of this Ordinance or one for which a legal building permit has been issued as of the effective date of this Ordinance's initial adoption on April 2, 1984. Building, Height: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the top of building walls for gable, hip and gambrel roofs. Building, Non-Conforming: Any building which does not conform to the requirements of this Ordinance. Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated. Every dwelling in any "RH District is a principal building. (For illustration, see 2-424 Al in the appendix ofthis Ordinance.) Building Setback Line: An imaginary line established by this Ordinance that requires aU buildings to be set back from lot lines. (For illustration, see 2-424 Al in the appendix of this Ordinance.) Building Site: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings. Bulle A term used to describe the size and relationships of buildings and other structures, spaces, streets and parking and overall land area. Bus and Rail Station: A facility located along a bus or rail route that provides a stop for the loading and unloading of passengers. Carport: A covered shelter for no more than three (3) automobiles open on two (2) or more sides. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 5 Cemetery: Land used or intended to be used for the burial of the human or animal dead and dedicated for purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided. Certificate of Occupancy: A certificate which is issued by the building inspector to indicate that, after construction of the building has been completed, or a use in an existing building has been changed, the purpose for which the building was constructed or changed is capable of being carried out in accordance with the terms of this Ordinance. A structure cannot be occupied until a certificate of occupancy and license has been issued. Childcare Facility: Any home, structure, or place where nonmedical care, protection, or supervision is regularly provided to children under fourteen (14) years 0 f age, for periods I ess than twenty-four (24) hours per day, while the parents or guardians are not on the premises. There are three (3) types of child care facilities: A. Family Childcare Home: A childcare facility which provides care for five (5) or fewer children throughout the day. B. Group Childcare Home: A childcare facility which provides care for six (6) to twelve (12) children throughout the day. C. Childcare Center: A childcare facility which provides care for more than twelve (12) children throughout the day. It should be noted that, in determining the type of child care facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at anyone time is determinative. Churches: A building or part of a building lJrimarily used for conducting religious services. City: The City of Meridian, which has jurisdiction over the land under consideration in this Ordinance. Clinic (Medical, Dental, Optical): A building (other than a hospital) used by one or more health care practitioners for the purpose of care, diagnosis or treatment of sick, ailing, infirm, or injured patients, or those who are in need of medical and surgical attention, but which building does not provide board, room or regular hospital care and services. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 6 Club or Lodge: A building or portion thereof on premises owned or operated by a non-profit organized association of persons for a social, literary, political, educational, recreational or similar purpose primarily for the exclusive use of enrolled members and their guests, but not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business. Cluster Development (Residential): Units which are concentrated in one area and surrounded by common open space. Cluster Development (Industrial and Commercial): Units which are concentrated in one area, and served by common parking roads and utilities. Commercial Use or Business: The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity, or management of office buildings, offices for recreational, entertaimnent or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services. The purchase, sale or other transactions involving the handling or disposition of any article, substance 0 r commodity, 0 r the dispensing 0 f se rvices for livelihood 0 r profit; ownership or management of office buildings, offices for recreational, entertaimnent or amusement enterprises or the maintenance and use of offices by professions and trades rendering services is included in this definition. Commission: The Planning and Zoning Commission which is appointed by the Mayor and confirmed by the Council. Committee or Special Commission: A group of citizens as appointed by the Mayor of the City of Meridian and confirmed by the Council, or appointed by Planning and Zoning to implement the policies of the Comprehensive Plan or to assist with technical evaluation of subdivisions, development or special plans and to make recommendations to the Commission and Council. Community Shopping Center (Commercial): A shopping center, the size of which generally falls between neighborhood and regional shopping centers. Generally 100,000-400,000 square feet of gross floor space on a site of eight (8) to thirty (30) acres. Comprehensive Plan: The Comprehensive Plan which has been officially adopted by the City of Meridian, Idaho. Conditional Use: Same as "special use", A utilization of land having characteristics such that it may be allowed in a particular zoning district AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 7 only after review by the commission and council, and granting of approval imposing conditions deemed necessary to make the proposed use compatible with other uses in the area. Conditional Use Permit: (Same as special use permit.) Permit issued to allow a conditional use. Condominium: A system of individual fee ownership of units in a multi- unit structure which is usually combined with joint ownership of common areas of the structure and land. Construction Buildings, Temporary: Any structure of a temporary nature containing an on site construction management office for an active construction proiect. Construction buildings may not be used as temporary living quarters. Contiguous: Two (2) parcels of land which, at some point, have a common border. Contractor Yard: Any parcel of land used for storage, maintenance or processing incidental to the business of building, hauling, excavation, demolition or similar activity and including any parcel of land used for the incidental repair of machinery used for any of the above listed activities. Convalescent or Nursing Home, Rest Home: Any home, place or institution which operates or maintains facilities providing convalescent, or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for two (2) or more patients not related by blood or marriage to the operator, and said patients, who by reason of illness or infirmity, are unable to properly care for themselves. Convenience Centers: A commercial development offering goods at retail and personal services to a limited area in population. Conyenience Store A store offering goods, including gasoline, for sale at retail. The offering for sale of services or goods pertaining to the repair or servicing of vehicles shall not be included \vithin this definition of convenience store. See definition of Service Station. (Ord. 496, 9 6 88) Convenience Store: A small retail store that is open long hours that typically sells staple groceries. snacks and fuel. Council: The elected, legislative and governing body of the City of Meridian, Idaho. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 8 Court: A space which is open and unobstructed to the sky, on a lot, and bounded on three (3) or more sides by building walls or fences. Covenant: A written promise or plan. Culvert: A drain that channels water under a bridge, street, road or driveway. Dairy F arm: A farm whose principal function i s the production 0 fmilk and milk products and which may include the processing of milk so produced. A dairy farm further refers to a dairy barn or processing facility or feeding area where animals are kept, raised or fed in a restricted area. Dedication: The setting apart 0 f 1 and 0 r interests in I and for use b y the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon the acceptance by the City. Degradation: To scale-down the desirability or stability of an areals physical environment. Density: A unit of measurement which specifies the number of dwelling units per acre of land. A. Gross Density: The number 0 f dwelling u nits per acre 0 f total land to be developed, including public right-of-way. B. Net Density: The number of dwelling units per acre of land when the acreage involved excludes public and private right-of-way for streets and roads. Department Stores: A large retail store offering a variety of merchandise and services in separate departments. Developed Area: That portion of development which contains all structures, roads and site improvements. Common open space shall be deemed to be part of the developed area. Development Plan (Preliminary and Final Development Plans): All plats, plans and/or submissions by a subdivider or developer in whole or in part describing a development and considered by the Commission and Council. District or Zone: A portion of the City of Meridian within which certain uniform regulations and requirements or various combinations thereof apply under provisions of this Ordinance. The letter uRu shall represent the residential districts, with the number following the letter "R" AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 9 representing the maximmn allowable dwelling units per acre. The letter net shall represent the commercial districts. The letter "I" shall represent the industrial district. The letters "L-O" shall represent the limited office district. Domestic Livestock: Cattle, dairy animals, sheep, goats and other grazing animals as would be found on a nonnal fann livestock operation. Down-Zoning: An action by an entity authorized to adjust zoning regulations which results in the lowering of the zoning classification of a given tract, tracts or area to a lesser land use; for example, an adjustment from commercial to residential land use. Drive-In Establishment: An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such manner as to pennit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services. Dry Cleaning: Facility for cleaning clothes and other fabrics bv chemical processes. Dry Line Sewer: Sewer lines which have been installed as per City specifications before c01ll1ections to a municipal wastewater treatment facility become a reality. Dwelling Unit: Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons. Dwelling, Single-Family: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. Dwelling, Two-Family (Duplex): A dwelling designed to be used by two (2) families consisting of two (2) dwelling units which may be either attached side by side or one above the other. Dwelling, Three-Family (Triplex): A dwelling consisting of three (3) attached dwelling units. Dwelling, Multi-Family: A dwelling consisting of four (4) or more attached dwelling units. Easement: A permanent or temporary limited right of use of land for specific purposes. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2~Page 10 Electrical Supplies & Appliance Manufacturing: A facility that manufactures electrical supplies and appliances. Engineer and Professional Engineer: A person who is qualified by reason of his knowledge of mathematics, the physical sciences, and the principles of engineering acquired by professional education and practical experience, to engage in the practice of professional engineering. See Idaho Code sections 54-l202(a) and (b). Entertainment Facilities (Commercial): Any structure housing any ufor profit" activity, which is generally related to the entertainment field, such as motion picture theaters, taverns, night clubs, cocktail lounges, bowling alleys, and similar entertainment activities. Equipment. Heavy Fann. etc. (Sales & Repair): Establishments primarily engaged in the sale or rental oftools. trucks. tractors. construction equipment. agricultural implements and similar industrial equipment. Included in this use tyPe is the incidental storage, maintenance. and servicing of such equipment. Exclusive Zoning: This is a term applied to a district on the zoning map in which only one type of land use is permitted. There may be several variations of the type of land use, but only one category is allowed. Illustrative of this is where an area has been designated as an industrial district and the ordinance text then sets forth the permitted uses and requirements therefor. The text of an exclusive ordinance will indicate that only industrial development will be allowed in this zone. With the exception of conditional uses, all other uses such as residential and commercial will be prohibited. Family: A person living alone or two (2) or more persons living together as a single housekeeping group in a dwelling unit as distinguished from a group occupying a boarding house, lodging house, motel or hotel. Feed, Seed and Fertilizer Store: An establishment engaged in retail and wholesale sales of supplies (feed. seed and fertilizer) directly related to day to day agricultural activities. Fence: An enclosure; e specially, an enclosing b anier, as 0 ne top revent straying from within or intrusion into. Fence, Open: A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%). Floodplain: The relatively flat area or low land adjoining the channel of a river, stream, lake or other body of water which has been or may be AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 11 covered by water of a flood of one hundred (100) year frequency. The floodplain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the Army Corps of Engineers. Floor Area, Net: That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packing space, dressing or rest rooms and laboratory or work rooms. However, that floor space within the building reserved for parking or loading of vehicles and basement space used only for building maintenance and utilities shall be excluded. Fuel Yards: A facility that stores mass Quantities ofliquefied petroleum products for wholesale purposes. Funeral Home/Mortuary: A facility in which deceased human bodies are kept and prepared for burial or cremation. Garage, Private: An enclosed accessory building or an accessory portion of the main building designed and used for indoor parking or storage of vehicles or boats owned and operated by the occupant of the main dwelling. An unattached garage is considered to be an accessory building. Garage, Public: A building or portion thereof (except a private garage) used or designed to be used for the storage of motor vehicles. Glare: To shine with a harsh, uncomfortably bright light. Governing Body: The Meridian City Council. Grade: The elevation of the finished surface of the ground adj acent to the midpoint of any exterior wall of a building or structure. Grade, Established: The curb line grade at the lot lines as approved by the Ada County Highway District Engineer or appropriate agency. Habitat: The character of the natural environment needed to support native plant and animal life. Hardship: An unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of his property as is enjoyed by others in the community. A hardship can exist only when it is not self-created. Health Authority: Central District Health Department or Idaho State Health and Welfare Department. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 12 Highway: The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "streetlt is interchangeable with highway. Home Occupation, Urban and Rural: Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is clearly incidental and secondary to the use of the structure for dwelling purposes. Hospital: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty-four (24) hours or more. The term Ithospital" does not include convalescent, nursing or boarding homes, or any institution operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating forcible confinement of patients. Hotel: A building containing six (6) or more bedrooms where overnight lodging without individual cooking facilities is offered to the public for compensation, and is primarily for the accommodation of transient guests. A motel shall not be deemed to be a hotel. Impact Area: That area duly negotiated and adopted pursuant to Idaho Code section 67-6526 by the City of Meridian and Ada County, State of Idaho, by means of a separate ordinance. That area shall be governed by the Ordinances of the City of Meridian pertaining to zoning and development. Improvement: A ny a Iteration tot he land 0 r 0 ther physical constructions associated with building site developments. Industrial: The manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does include activities incidental thereto. Industrial-Light: Manufacturing and wholesale establishments which are clean, quiet. and free of hazardous or obiectionable elements, such as noise, odor, dust. smoke. or glare and that are operated entirely within enclosed structures. Industrial Research: Research, development and testing laboratories that do not involve the mass manufacture, fabrication. processing, or sale of AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 13 products. Such uses shall not violate any odor, dust. smoke, gas, noise, radiation, vibration or similar pollution standard. Ingress and Egress: Entrance and exit. Institution: Building and land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional servIces. Junkyard: An outdoor space where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled. Junk yard also includes house wrecking and structural steel materials and equipment, but does not include such places where such uses are conducted entirely within a completely enclosed building such as pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials which are incidental to manufacturing operations. Kennel: Any lot or premises on which three (3) or more dogs and/or cats and other household domestic animals more than six (6) months of age are housed, groomed, bred, boarded, trained, sold or cared for. Laboratories (Medical. Dental & Optical): A room or building equipped for scientific experimentation, research or testing. Land Use: A term used to indicate the utilization of any piece of land whether it be lot, plat, tract or acreage. Land use is an indication of the existing development within a community and becomes the basis to formulate district boundaries. Land Use Plan: The Meridian Comprehensive Plan. Laundries, Commercial: An establishment for laundering clothes or linen, excluding dry cleaning. Laundromat: A commercial establishment equipped with washing machines and dryers, usually coin operated and self-service, excluding dry cleaning. Library: A building, or part of a building, in which literary and artistic materials, such as books, newspapers and tapes are kept for reading, reference or lending. Loading and Unloading Space, Off-Street: An open hard-surfaced area of land (other than a street or public way in which the principal use is for the standing, loading and unloading of motor yehicles, tractors or trailers. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 14 Lot: A parcel of land created by subdivision which is of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. A lot shall have frontage on an approved public street or an approved private street and may consist of: 1) a single lot; 2) a portion of a lot; and 3) a combination of complete lots, or of portions oflots. Lot Area: The area of any lot shall be determined exclusive of streets, highways, alleys, roads, rights-of-ways, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or river flows. Lot, Corner: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135E). The point of intersection of the street lines is the "corner". Lot Coverage: The area of a zoning lot which is occupied by the principal building, buildings or accessory buildings and the horizontally projected area of the lot. The ratio is expressed as a percentage. Lot, Depth: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten feet (101) apart. (For illustration, see 2-424 Al in the Appendix of this Ordinance.) Lot, Double Frontage: A lot with frontage on two (2) streets. Lot, Flag: A lot in the shape of a flag on a pole or similar design. A flag lot shall have a minimum frontage of thirty feet (30') on a public street and structure placed on a flag lot shall have the house facing the street frontage. Lot, Frontage: The distance across the lot along the street right-of-way line. Lot, Interior: A lot with only one (1) frontage on a street. Lot Lines: Property lines bounding the lot. Lot Line, Front: The 1 ine separating the 1 at from the principal street 0 n which it fronts. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 15 Lot Line, Rear: The lot line opposite and most distant from the front lot line or conforming to lot depth. Lot Line, Side: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line. Lot of Record: A lot which is part of a subdivision recorded in the Office of the County Recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded. Lot, Through: A lot other than a comer lot having frontage on two (2) parallel or approximately parallel streets. On a through lot, both street lines shall be deemed front lot lines. Lumber Yard: An area used for the storage, distribution and sale of finished or rough cut lumber and lumber products. but not including the manufacture or fabrication of lumber. lumber products and fire wood. Machine Shop: A facility that cuts. shapes or fabricates metal products by machine. Major Subdivision: All subdivisions not able to qualify as a mmor subdivision (defined below). Manufactured Buildings: A fabricated, transportable building (other than a mobile home) designed to be incorporated at a building site into a structure to be used for residential, commercial, industrial or agricultural purposes and which has attached to the building a valid insignia which states that the manufactured building is built in accordance with the Uniform Building Code and applicable laws, rules and regulations. Buildings to be used for residential purposes shall also include in the insignia that such building is in compliance with HUD Minimum Property Standards for such construction. Manufactured Home Community: Any site, lot, tract. plot or parcel of land. designed for the placement often (10) or more manufactured homes, located and maintained for dwelling purposes on a permanent basis on individual lots, pads, or spaces: whether those lots, pads, or spaces be individually owned, leased or rented. Manufactured Home Park: Any area. tract, plot or parcel of land, developed and designed for placement of mobile homes located and maintained for dwelling purposes on a permanent or semi-permanent basis. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 16 Manufacturing: The mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts, the manufacturing of products and the blending of materials. Manufacturing, Extractive: Any mIlling, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource. Manufacturing, Heavy: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution or water pollution. Manufacturing, Light: Industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such ass moke, noise, 0 dor 0 r dust; which 0 perates and stores within enclosed structures, and which generate little industrial traffic and no nmsances. Manufacturing Facility, Manufactured Homes: The construction of any single family structure that is manufactured under the authority of 42 USC, Section 5401, the National Manufactured Home & Safety Standards Act. Marquee: A permanent roofed structure attached to and supported by the building and projecting over public property. Meatpacking (Commercial): A facility which includes the canning, curing, smoking, salting, packing and freezing of meat products, or a facility in which meat products are processed for sale to the retail trade and where the inspection of meat, meat by-products and meat food products are maintained. Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing or proposed street, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the comprehensive plan, zoning map, zoning ordinance or other ordinances. Mobile Home: A structure transportable in one or more sections which has attached to the structure a valid insignia which states that the mobile home AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 17 is in compliance with Federal Mobile Home Construction and Safety Standards (HUD). M.obile Home Park A. residential area which involves land under single ovmership '.'lith lots rented for the location of mobile homes and provision of facilities and services to tenants by management. Mobile Home Subdivision: A subdivision designed and intended for exclusive mobile home residential use. Molded Plastic Products: A business devoted to the fabrication of molded plastic products. Monument: Any permanent marker (either concrete, galvanized iron pipe or iron or steel rods) used to identify any tract, parcel, lot or street lines, as specified in Idaho Code section 50-1303. Motel: A building, or group of buildings on the same premises (whether detached or in connected rows), containing sleeping or dwelling units independently accessible from the outside, or central hallway, with garage space or parking space located on the premises, and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists. Motor Vehicle Repair, Major Engine rebuilding or major reconditioning of ,;<,om or damaged motor vehicles, or trailers, collision service, including body, frame or fender straightening or repair, and overall painting of vehicles within an enclosed building. Motor Vehicle Repair, Minor Incidental repairs, replacement of parts und motor service to motor '/ehicles, but not including uny operation under "Motor Vehicle Repair, Major". Motor Vehide Body Shop: Any building or portion thereof used for the repair or straightening of a motor vehicle body or frame or painting of motor vehicles. Maintenance, service, and engine repair may be performed as an ancillary function of the body work. Motor Vehicle Repair: The business of repairing, overhauling, removing, adiusting, replacing, assembling or disassembling parts of any motor vehicle (Excluding frame straightening, body work and painting). Municipal Wastewater Collection and Treatment System: Meridian City facilities for the central collection and treatment of domestic wastewater AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 18 within the Meridian Urban Service Planning Area, and provides for the removal of polluting constituents from wastewater including reduction of biological oxygen demand, suspended solids, fecal coliform, and provides for disinfection of any discharged water. Museum: A building, place or institution devoted to the acquisition, conservation, study, and exhibition of obiects having scientific, historical, or artistic value. Neighborhood Convenience Center (Commercial): A shopping center having approximately thirty thousand (30,000) to two hundred thousand (200,000) square feet of gross floor space and on a site of approximately four (4) to eight (8) acres of land. It would provide for the sale of convenience goods (food, drugs and sundries) and personal neighborhood services for the day-to-day living of the immediate neighborhood within which it is located. Non-Conforming Use: The use of land or a use of a structure or building which is not in conformance with the conditions or requirements of this Ordinance. Nursery or Greenhouse for Flowers and Plants (Commercial): Land, building structure or combination thereof for the storage, cultivation and transplanting of live trees, shrubs or plants offered for sale on the premises including products used for gardening or landscaping. Nursing Home: A private establishment that provides living Quarters and care for the elderly or the chronically ill. Open Space: An area substantially open to the sky which may be on the same lot with a building. The area may include (along with the natural environmental features) water areas, swimming pools, tennis courts and any other recreational facilities. Streets, parking areas, structures for habitation, buildings, covered structures and the like shall not be included. Open Space (Common): Any private open space intended for use by occupants of a development. The space may include, but is not limited to, recreation areas, landscaped plazas, fountains, sitting areas, natural areas and is meant to provide an open atmosphere. Common private open space does not include parking areas, vacant or undeveloped lots, or any other space which does not contribute to the aesthetic quality of the development. Open Space (public): Land in public ownership or control which includes, but is not limited to, parks, recreation areas, water bodies, historical sites, public utility easements, scenic routes, floodplains, slide areas, areas too AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2wPage 19 ( steep for safe construction. wildlife refuges. natural areas. forests. fisheries and watersheds. Original Parcel of Land: A lot or tract as recorded on any plat or record on file in the office of the County Recorder or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of this Ordinance. April 2. 1984. Owner: The person or entity having the ownership of record in the property. Ownership: The individual. firm. association. syndicate. partnership or corporation who has title of property. Parking Area or Lot (Private): An open, hard-surfaced area (other than a street 0 r public way) designed, arranged and made available for private passenger automobiles of occupants of the building or buildings for which the parking area is developed. Parking Area or Lot (Public): An open, hard-surfaced area (other than a street or public way) to be used for the storage (for limited periods of time) of operable passenger automobiles or commercial vehicles and available to the public whether for compensation, free. or as an accommodation to clients or customers. Parking Space, Off-Street: For the purpose of this Ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with dimensions conforming to the requirements of this Ordinance. Parks, Public and Private: Any area that is predominately open space, used principally for active or passive recreation, and not used for a profit- making purpose. Party Wall: A wall adjoining and parallel to the lot line which is used primarily by the party upon whose lot the wall is located. Party walls may share common foundations. Performance or Design Standards: Standards which are 0 ften applied to industrial, residential and commercial districts and place limits on such things as noise, dust, glare. smoke, vibration. radioactivity and odors; any proposed use which cannot meet these standards is not to be allowed, and once a use has been permitted, it must maintain its ability to meet the standards or else have its certificate of occupancy revoked. Performance or Surety Bond: A financial guarantee by a subdivider or developer deposited and filed with the City in the amount of the estimated AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 20 construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement by the developer. The bond involves an amount of money or other negotiable security which is paid by the subdivider or developer to the City Clerk and Recorder. The bond also guarantees that the subdivider or developer will perform all actions required by the governing body regarding an approved plat or plan, and provides that if the subdivider or developer defaults and fails to comply with the provisions of an approved plat or plan, the subdivider, developer or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat or plan. Permitted Use: The utilization of land which shall be permitted to take place in a zoning district as a use by right, subject only to the standards established for the particular district and to any applicable overlay district. Planned Development (PD): An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in anyone or more created districts of this Ordinance. Planned Commercial Development (PD-C): Any development in which the principal use ofland is for commercial purposes. Planned General Development (PD-G): A development not otherwise distinguished under PlaIllled Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. Planned Industrial Development (PD-I): Any developments in which the principal use of the land area is for industrial purposes or accessory uses customarily r elating to industrial uses with the balance of such areas, if any, being intended for commercial uses as reasonably relates to the support or convenience of the intended industrial uses or their occupants. Planned Residential Development (PD-R): Any development which is predominantly residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 21 intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants. Poultry Slaughterhouse and/or Poultry Packing Plat (Commercial): All establishments maintained for the slaughtering of poultry or preparing or processing of poultry products for human consumption in any form and wherein said products are so prepared for sale to the retail outlets. Processing Plant: A facility for the conversion of raw material into usable products or parts. Professional Offices: Structures where those engaged III a profession conduct their business and activity. Public Notices: The notice given by the City of Meridian or the applicant, which is required, which provides notice to the public and area residents around t he a rea being considered t hat a n application has been filed and that the city will be holding a hearing at a time certain and date certain and whereby the public and property owners will have and opportunity to submit their views and ideas and evidence as to the proposed development or zomng. Public Service Facility: Buildings, power plants or substations, water storage tanks or reservoirs, public garages or storage areas, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures owned and/or operated by a public utility, railroad (whether publicly or privately owned), or a municipal or other govenunental agency. Public Uses: Public parks, schools, administrative and cultural buildings, and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also public-owned buildings, fire and police stations, libraries, post offices and public utility administration buildings. Public Utility: Any person, entity or municipal department that is duly authorized to furnish to the public under regulation such as, but not limited to, electricity, gas, steam, telephone, transportation or water. Public Utility Facility. Maior: A large facility required for the operation of a utility controlled by the Idaho Public Utilities Commission including electrical substations. maior water storage reservoirs, etc. Public Utility Facility, Minor: A small facility required for the operation of a utility controlled by the Idaho Public Utilities Commission including minor wells. pump houses. etc. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 22 ( Publishing and Printing Facilities (Small): An establislnnent where printed material is produced andJor published. Quasi Public Use Churches, Sunday schools, parochial schools, hospitals, convalescent or retirement homes, colleges and other facilities of an educutional, religious, charitable, philanthropic or non profit nature. Quasi-Public: A use that is essentially a public use, although under private ownership or control. Railroad Yards & Shops: An area for storing and switching of freight and passenger rolling stock, including the repair orrail equipment Recycling Plants: A building and/or site in which recyclable materials such as newspapers, glassware and metal cans are collected, stored, flattened, crushed or bundled prior to shipment to others who will use the materials to manufacture new products. Regional Shopping Center (Commercial): The largest of shopping centers which is all-inclusive and self-sufficient with at least two (2) large department stores as the major tenants and generally serves a population of approximately 150,000 or more. It is a center having over 750,000 square feet of gross floor space and located on a site greater than seventy- five (75) acres. Repair: The reconstruction, renewal or maintenance of real or personal property. Research Activities: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, planning and engineering. Reserve Strip: A strip of land between a partial street and adjacent property which i s reserved 0 r held in public 0 wnership for future street extension or widening. Restaurant }.ny land, building or part thereof (other than a boarding house) ...:here meals are provided for compensation. Restaurant: Any building or part thereof in which the principal use is the preparation of food and beverages for consumption on site, or for carry out. Retail Store: A store that sells goods or commodities in small quantities directly to consumers. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 23 Right-of-Way: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. In addition to the roadway, it incorporates the curbs, special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges. Roadside Stand: A temporary or mobile structure designed or used for the display or sale of products or services. Sales Lots (Auto, Recreational, Agricultural, Etc.): An improved open area other than the street used for the display, sale or rental of new or used automobiles. mobile homes. recreational vehicles or farm implements. but not including repair work other than minor cosmetic repairs. Sanitarium: A health station or retreat or any place where resident patients are kept and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and general medical practice as distinguished from treatment of mental and nervous disorders (not excluding surgical and post-surgical treatment of mental patients) and as licensed by the Idaho State Department of Health as sanitariums. School (Kindergarten, Elementary, Intermediate or High) .^.n institution of learning (either public or privately supported) which offers instruction in the several branches of learning and study required to be taught in the public schools by the State of Idaho. High school includes junior and senior high. School: An institution of learning for minors. whether public or private. which offers instruction in those courses of study required by the State Board of Education to a group of children. This definition includes nursery school. kindergarten, elementary school. iunior high school. senior high school. charter school but it does not include a vocational or professional institution or any institution of higher education. including a college or university. School. Private Commercial: A school. regardless whether it is operated for profit. primarily devoted to instruction in selected subjects such as dance. music, drama. art. languages. martial arts training, etc. School. Trade or Vocational: An institution or facility conducting instruction in the technical or trade skills such as business. secretarial training, medical-dental technician training, beauticians. barbers. electronics, automotive technician training, etc. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 24 Screening: (See buffer, strip or zone.) Seat: The place at, or the thing on, which one sits. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated or each eighteen (18) lineal inches of benches, pews, or space for loose chairs. Service Station Buildings and premises where gasoline, oil, grease, butteries, tires and motor '1ehicle accessories may be supplied and dispensed at retail and v:hcre minor motor repair and services may be rendered. Uses permissible at a service station do not include major body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work invohing noise, glare, fumes or smoke. Service Station: Premises where gasoline, motor oils, lubricants and grease for the operation of motor vehicles are retailed directly to the public on the premises and including tires, accessories, services and minor motor vehicle repairs. Setback Line: A line established by this Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located above ground except as may be provided in said code (See 2-424 AI). Sidewalk: That portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic. Sign: A sign is any structure or natural object, such as a tree, rock, bush, the ground itself or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business or which shall display or include any letter, word, model, banner, flag, pennant, insignia device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, the word llsign" does not include the flag, pennant or insignia of a ny nation, state, city 0 r other political unit or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Sign, On-Premises: Any sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 25 Sign, Off-Premises: Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. Site Planning: The location of buildings and activities within a physical environment. A site plan includes shapes and location of buildings and structure, circulation and parking layouts, landscaping features and numerous other design factors that relate to the improvement of a parcel of land. Slaughterhouse and Meatpacking (Commercial): A facility which includes a slaughtering, meat canning, curing, smoking, salting, packing, rendering or freezing of meat products or a facility in which meat products are so processed for sale to the public and where the inspection of meat, meat by- products and meat food products are maintained. Solid Waste Transfer Station: A place or facility where non-hazardous solid waste materials are taken from a collection vehicle or a private party, temporarily stored & ultimately placed in a transportation unit for movement to a landfill. Stable, Private: A detached accessory structure for the keeping of one (1) or more horses, mules or cows owned and used by occupant of the premises and not for remuneration, hire or sale. Stable, Riding: A structure used or designed for the boarding or care of riding horses. Standard Specifications: The specifications as specified in this Ordinance and as officially adopted by the City. State: The State of Idaho. Stockyard or Feedlot (Commercial): An enclosure where fowls or animals are kept in a restricted area and where less than ten percent (10%) of the feed for such poultry or livestock is produced by the owner on his immediate, owned farm or leased property. Storage Facilities, Indoor: The storage of equipment, materials. supplies, etc. in an indoor area. Storage Facilities, Outdoor: The storage of equipment, vehicles, materials. supplies. etc. in an outdoor area. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 26 topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level (directly above a basement, cellar or unused under- floor space) is more than six feet (6') above grade (as defined herein) for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade as defined herein at any point, such basement, cellar, or unused under-floor space shall be considered as a story. Street: A right-of-way which provides vehicular and pedestrian access to adjacent properties. T he term "street" also includes the terms highway, thoroughfare, parkway, road, route, avenue, boulevard, lane, place, and other such terms. Street, Rural System: A. Principal Arterial: A cOlmected rural network of continuous routes which serves corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel. B. Minor Arterial: In conjunction with the principal arterial system, the minor arterial road system forms a rural network. Major characteristics of the system are to link cities, larger towns and provide inter-county service. These routes are designed to provide for relatively high overall travel speeds, with minimum interference to through movement. C. Major Collector Roads: That which provides service to any county seat not on an arterial route and links these places with nearby larger towns or cities or with routes of higher classification. Major collectors serve the more important intra-county travel corridors. D. Minor Collector Roads: That which collects traffic from local roads and brings developed areas within a reasonable distance of a collector road. Minor collector roads provide service to the remaining smaller communities. E. Local Roads: That which provides access to adjacent land and provides service to travel over relatively short distances. The functional street classification definitions are summarized descriptions of the functional street guidelines that are used by the Federal Highway Administration. Street, Urban System: AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 27 A. Principal Arterials: Should carry the major portion of trips entering and leaving the urban area as well as the majority of the through- trips desiring to bypass the central city. ill addition, significant inter-area travel (such as between central business districts and outlying residential areas, between major inner city communities, or between major suburban centers) should be served by this class of facilities. B. Minor Arterials: That which interconnects with, and augments, the urban principal arterial system and which provides service to trips of moderate 1 ength a t a somewhat lower 1 evel 0 f travel mobility than major arterials. Minor arterials place more emphasis on land access than the higher, principal arterial system. C. Collector Streets: That which provides both land access, service and traffic circulation within residential neighborhoods, commercial and industrial areas. Collectors also collect traffic from local streets in residential neighborhoods and channel it into the arterial system. D. Local Streets: That which comprises all facilities not on the other of the higher systems. Local streets serve primarily to provide direct access to abutting land and access to the higher order system. Examples of local streets are alleys (which provide secondary access at the back or side of a property otherwise abutting a street); loopstreets (a minor street with both terminal points on the same street or origin); cul-de-sac (a street connected to another street at one (1) end only and provided with a turnaround space at its terminus); partial street (a dedicated right- of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land) and private street (a parcel of land providing vehicular and pedestrian access to adjacent properties from a publicly dedicated right-of-way and which is recorded in the Ada County Recorder's Office as a perpetual easement to the property owners taking access therefrom or the ownership of which is vested in the property owners taking access therefrom). All private street access must be approved by the Council. Another local street which is utilized often by a city is frontage road. It is a local, auxiliary road to, and located on the side of, an arterial highway for service to abutting property and adjacent areas and for control access to the property adjoining the highway, and to maintain circulation of traffic on each side of the highway. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 28 Street, Half: A portion of the width of a street, usually along the edge of a subdivision or development, where the remaining portion of the street could be provided in another subdivision or development. Street Line: A line separating an abutting lot, or parcel, from a street. Street, Proposed: The undedicated portion of a street alignment, or proposed widening of an existing street as proposed on the Ada County Major Thoroughfares Plan, or any State or Federal Highway, the alignment of which is officially approved. Strip, Commercial and Industrial: A development pattern characterized by lots in a continuous manner fronting on streets and resulting in numerous access points to the street. Strip Zoning: Zoning usually found along a major roadway which is developed simply as a pattern following the outline of the road and without foundation in the comprehensive study or in fact. Structure: Anything constructed or erected in which the use requires permanent location on the ground or attaclnnent to something having a permanent location on the ground. Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deemed a structure. Public utility power poles shall not be deemed a structure. Structural Alteration: Any change in the structural members of a building such as walls, columns, beams or girders. Subdivider or Developer: The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this Ordinance. He need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner and his acts, and representations shall be binding upon the owner. Subdivision: The result of an act of dividing an original lot, tract or parcel of land into two (2) or more parts. The term "subdivision" shall also include the dedication of a public street and the addition to, or creation of, a cemetery. However, this Ordinance shall not apply to any of the following: A. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; B. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code; AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 29 C. The widening of existing streets to conform to the Meridian Comprehensive Plan; D. The acquisition of street rights-of-way by a public agency m conformance with the Meridian Comprehensive Plan; and E. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage. Supply Yards: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Surveyor: A person qualified by reason of his knowledge of the principles of surveying acquired by education and experience, and who is authorized by the laws of the State of Idaho to practice land surveying. See Idaho Code, 54-1202(f). Townhouse or Row House: A row of two (2) or more attached single- family dwellings. Each dwelling is built with similar architectural treatment, is separated by vertical divisions by party or lot line walls, and each has private entrances (usually front and rear). Trailer, Recreational Vehicle and Motor Home: Any vehicle or structure constructed in such a manner as to permit occupancy thereof as living quarters or the conduct of any business, trade, occupation, or use as a selling or a dvertising device or use for storage 0 r conveyance for tools, equipment or machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets and propelled or drawn by its own or other motor power. Transitional Use: A use of land designed to serve as a buffer between conflicting land uses such as single-family residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Uses designated as transitional uses in each particular district are deemed to be those which are more or less compatible to the conflicting uses. Trip Generation: An element of a traffic volume survey which indicates the number of automobile, bus, pedestrian or bicycle trips produced or generated in a specific area or by a specific use. As an example, an office building generates "XU number of trips to work by its employees and "XU number of trips home from work. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 30 Truck Stop .\ service station or commercial enterprise using the premises primarily to sell and supply motor fuel, lubricating oils and greases to on premise trade including large trucks us well as automobiles and including the sale of tircs, batteries, outomotive accessories, related services, major and minor motor vehicle repairs as well us special sarI/ices to operators and drivers of trucks operating on an interstate basis. Truck Stop: An establishment that sells fuel for trucks and usually maintains a restaurant for truck drivers. Undeveloped Area: That portion of a development which IS left unimproved or a parcel ofland which is unimproved. Urban Services: According to this Ordinance, urban services shall include, but not be limited to, the following where applicable: municipal central sewer and water facilities; pedestrian walkways and bicycle paths; open space; parks; recreation lands; police and fire protection; public transit; schools; libraries; storm drainage; and urban standard streets and roads. Urban Sprawl: Scattered development which is not contiguous to the urbanized part of a municipality. Sprawl is characterized by significant amounts of vacant land intermixed with parcels of urban development and with formless dispersal of a congested urban area with little or no regard for the interrelationships of such factors as transportation, employment, health and recreational needs. Use: The specific purpose for which land or a building is designated arranged, intended or for which it is or may be occupied, maintained, let or leased. Variance: A variance is a modification of the requirements of the Ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other Ordinance provisions. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street excepting devices moved exclusively by human power or used exclusively upon stationary rails or tracts. Vested Rights: Vested rights, if properly used, refer to rights which have been accrued to an individual as a result of a condition which has existed AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 31 for a period of time. A vested right is one in which the individual cannot be denied rights that may have existed to him. Veterinary, Animal Hospital or Clinic: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need 0 fmedical or surgical attention and may include overnight accommodations on the premises for the treatment, observation or recuperation. It may also include boarding that is incidental to the primary activity. Vicinity Map: A drawing which sets forth by dimensions or other means a relationship of the proposed development to other nearby developments, landmarks or community facilities and services within the general area in order to better locate and orient the area in question. Walkway: A public way for pedestrian use only, whether or not along the side of the road. Warehousing & Wholesaling: A use engaged in storage, wholesale, and distribution of manufactured products and supplies and equipment excluding bulk storage of hazardous materials. Wet Line Sewer: Sewer lines which are connected to a municipal wastewater treatment facility as per City specifications. Yard: A required open space, other than a court, unoccupied and unobstructed by a structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward provided that accessories, ornaments and furniture may be permitted in any yard and subject to height limitations and requirements limiting obstruction of visibility. (For illustration, see 2-424 Al in the Appendix of this Ordinance.) A. Front Yard: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. B. Rear Yard: A yard extending between side lot lines and across the rear of a lot and from the rear lot line to the rear of the principal building. C. Interior Side Yard: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 32 { D. Street Side Yard: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. E. Court Yard: See ICOurt." F. Transitional yard: A yard which serves as a buffer between conflicting land uses such as between single-family residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Transitional yards are deemed to be an open space which is between those uses which are more or less compatible. Zero Lot Line: A building design which allows for a dwelling to be built to the side lot line and which may include an easement to a neighboring lot for the purpose of upkeep and maintenance of each dwelling. Zero lot line developments can be either dwelling units detached or attached. Zoning Map: The graphic depiction of the zones or districts within the city limits of Meridian. The map includes: A. An indication ofthe boundaries of each of the districts; B. A legend identifying each of the districts; C. Identification names of streets, streams and other places; D. Dimensions indicating the boundaries between districts. The zoning map is to be adopted as a legal part of an Ordinance and designated as the Official Zoning Map of the City. Zoning Permit: A document issued by the Administrator authorizing the uses of land and structures, and the characteristics of the uses. Zoning Policy: The policy as adopted by the governing body of the City of Meridian and which is the underlying, fundamental basis for this Ordinance; that is, the Zoning and Development Ordinance of the City of Meridian. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 33 declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this III'~ day of &6ruCVt.!,2003. If f'! APPROVED ~~ THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this { I - day of Ii3brUtl!:} , 2003. \\\1111111111/1/1 \\\ C IHJ"~ III '\\'_1 0' i\r.t:.Rr^ 111/ ,'\ ..l~ UL,..., /,- "..,,-, -7A ~ $ v oVlPOHPi 7:" b' ~ ~ ~0 "0 ~ ~ ~ ~ ~ - - - ~ = - - = = , - Attest: First Reading: 2. ---I ( - CJ 3 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: X" No: . Second Reading: Third Reading: - AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 34 STATE OF IDAHO,) .: ss. County of Ada. ) On this~day of 'K,VJY~ ,2003, 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. e$\IIgUe~ ~f> N Sl)}+ ~~+ "C;i~~~~.o ;'Q;~ /~ :;... ....i;J>..e. EI-.J' ......- , I'l Q I , W " I I III EI t I Iil 'll \ I IlJ lll. \ I. ftJ $.. ~~..~\~~i' .. ~~m;iQ~c' Z:\ Work\M\Meridian\Meridian 1 !3i~'l\tes City Hal1\2003 Ord\Ord.Amd 11-2-2.doc (SEAL) ~btaY(~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: AKa.. CD&wit.\ I Je.{c.i.v; MY COMMISSION EXPIRES: '1-28-0:; AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 35 CITY OF MERIDIAN ORDINANCE NO. 03- / () () 7 BY: e/L&lJ~lUe Cd/l1.-ct{gS.r AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING SECTION 5 CHAPTER 15 OF TITLE 11 PROCEDURES IN THE ZONING REGULATIONS OF THE MERIDIAN CITY CODE AND REENACTING SECTION 5 CHAPTER 15 OF TITLE 11 TO PROVIDE FOR NEW NOTICING AND POSTING REQUIREMENTS AND TO PROVIDE FOR NEIGHBORHOOD MEETING REQUIREMENTS AND FOR RELETTERING SUBSECTION B REQUIREMENTS OF COMMISSION TO BECOME SUBSECTION C AND TO DELETE LANGUAGE AND ADD LANGUAGE; PROVIDING FOR APPEALS, CONFLICT, V ALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 5 Chapter 15 Title 11 of the Meridian City Code, be, and the same is hereby amended. SECTION 2: That Section 5 Chapter 15 Title 11 ofthe Meridian City Code, be, and the same is hereby amended to read as follows: 11-15-5: PROCEDURES: A. Requirements of Applicant: 1. Provide Names of Property Owners: The applicant shall provide the City Clerk witJrobtain a list of property owners from the City of Meridian Planning & Zoning Department. The list must contain the names and addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered, and any additional area, up to an additional three hundred feet (300'). that may be impacted by the said application, as determined, and justified by the Zoning Administrator. The Zoning Administrator shall provide a written explanation to the applicant for any increased noticing standards imposed by the City for an application.; and the applicant shall deliver a sworn notarized statement that the list of property ovmers are the o'.'mcrs of the property as shoy:n by the records of the }...da County Assessor. City staff will mail notices of public hearing to all property owners included on the list. 2. Posting Of Hearing Notice On Property: One vreek Not less than ten days prior to the hearing set pursuant to subsection B2 of this Section, the applicant shall post a copy of said notice of hearing of the application on the property under consideration; and after the property has been posted the applicant shull deli':er to the Zoning Administrator a notarized statement that he hus posted the property and the date the posting was placed. except as noted herein, posting of the property must be in substantial compliance with the following req uirements: a. Signage Requirements: All signs shall be installed in accordance with the Sign Ordinance General Provisions and Requirements (MCC 11- 14-5) and the following standards: 1. The sign(s) shall consist of four foot by four foot (4' x 4') plywood or other hard surface mounted on two (2) four inch by four inch (4" x 4") posts, or attached to another staff approved support in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the ground 2. Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6") letters shall be the words "City of Meridian Public Hearing Notice", in addition each sign will inform the public of the nature of the hearing. the date, time and address of the hearing location, a summary of the proposal to be considered, a city contact phone number, the location of the development and the name of the applicant. and if applicable, the proposed development. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is listed below. 3. In lieu ofthe above conditions, conditional use permit applications for "Group Childcare Homes", annexation and preliminary plat applications that contain less than 5-acres ofland and Variance/Rezone/Comprehensive Plan amendment and variance applications for parcels of land less than 3-acres in size, a sign consisting of one (1) eleven inch by seventeen inch 01 "x 17") piece of paper mounted to a rigid surface of at least equal size, or other material stating the name of the applicant a statement concerning the proposed development. and the date, time and location of the public hearing. b. The signs shall be posted on the land being considered along each roadway that is adjacent to it. The sign(s) shall be located on the property, outside of the public right-of-way. If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right of way if the applicant can obtain the consent ofthe owner of the right-of-way. c. The applicant shall submit a notarized statement and a photograph of the posting to the City Clerk no later than 7 days prior to the public hearing attesting to where and when the sign(s) were posted. Unless certification is received by such date, the hearing will be canceled. d. The signs shall be removed no later than three days after the public hearing for which the sign had been posted is ended. 3. Neighborhood Meetings: All applicants are strongly encouraged to hold a neighborhood meeting, and if said neighborhood meeting is held the applicant shall attempt to notify and invite all residents to the meeting, which provides the public an opportunity to review the proposed pro;ect. Neighborhood meetings should not be held more than three (3) months, or less than five (5) calendar days prior to the submittal ofthe application to the City Platming and Zoning Department. If a neighborhood meeting is held the applicant(s) shall send notice of the meeting to all residents and property owners within 300 feet ofthe exterior boundary of the application parcel and any additional area, up to an additional three hundred feet (300'). that may be impacted by the said application, as determined, and justified by the Zoning Administrator. Additionally, the applicant shall attempt to notify any homeowners associations that represent a residential subdivision located within 300 feet. Notice ofthe meeting shall be either hand delivered or mailed to the recipient. The notice advertising the neighborhood meeting shall be received at least five days prior to the meeting date. The Planning and Zoning Commission and/or the City Council may require that an applicant hold a neighborhood meeting if they determine that such a meeting would be of benefit. B. Posting Requirements Of The City Of Meridian Posting Notice: Any time notice is required, the land being considered shall be posted not less than ten (0) days prior to the Planning and Zoning Commission hearing and again not less than ten (10) days prior to the City Council hearing. Except as noted in MCC ll-15-5. Section A2, a3, posting of the property must be in substantial compliance with the following requirements: L Signage Requirements: a. The sign(s) shall consist of 4' x 4' plywood or other hard surface mounted on two (2) 4" x 4" posts in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three-feet (3') above the ground. b. Centered at the top of the 4' x 4' sign board(s) in six-inch letters shall be the words "City of Meridian Public Hearing Notice". In addition, each sign will inform the public of the nature of the hearing, the date. time and address of the hearing location, a city contact phone number ,a summary of the proposal to be considered, the location of the development and the name of the applicant. and if applicable. the proposed development. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example ofthis sign is set forth in the attached illustration. Size;;: 6 inches....................... CITY OF MERIDIAN PUBLIC HEARING NOTICE Meridian Planning and Zoning Commission Size;;: 2 inches... .................. ... THE CITY OF MERIDIAN will hold a public hearing on January I, 200 I, at 7:00 PM at the Meridian City Hall (33 E. Idaho) Size;;: 1.5 inches..................... PURPOSE: Alll1exation and Zoning- You-Name-It Subdivision- Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 29 lots, single family dwelling, 1 lot open space/drainage w/landscaped entryway. Size = 1.5 inches..................... PROPERTY LOCATION: SW corner of Us tick Rd. and Linder Rd. Size = 1.5 inches..................... APPLICATION BY: John and Jane Doe Size = 1.5 inches.. ....... ............. Contact a City Planner at 884-5533 with any questions. 2. The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be located on the property outside ofthe public right-of-way, if they can be so located and remain clearly visible from the roadway: otherwise, the consent of the owner of the right-or-way must be obtained and the sign(s) located therein. 3. The applicant shall submit a certification to the City Clerk no later than seven (7) days prior to the hearing as to what. where. and when sign(s) were posted. Unless the certification is received by such date, the hearing will be canceled. 4. No later than three (3) days after the noticed hearing and any continuation thereof, sign(s) mustbe removed. BC. Requirements Of Commission: 1. Notify Property Owners: a. Time Of Giving Notice: The Commission shall give notice of the hearing, at least fifteen (15) days prior to the hearing, by certified first class mail to property owners within the land being considered and to owners within three hundred feet (300') ofthe external boundaries of the land being considered and any additional area that may be impacted by said application as determined by the Zoning Administrator. b. Contents Of Notice: Said notice, by certified first class mail, must be deposited with the United States Post Office at least fifteen (15) days prior to the hearing and said notice shall contain a vicinity map of the property, a brief statement of the nature ofthe application, the name and address ofthe applicant. c. Publication Of Notice: When notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification, notice of the proceeding and hearing required hereby may be given by publishing the notice for two (2) consecutive weeks in the official newspaper of the City; provided; that, the second notice appears ten (10) days prior to the public hearing. 2. Hearing Notice And Application Summary Publication: Prior to recommending an application, the Commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the application to be discussed shall be published in the official newspaper or paper of general circulation within the City. 3. Submit Recommendations To Council: Within forty five (45) days from the hearing, the Commission shall transmit its recommendation to the Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan, this Title and State law. (Ord. 592, 11-17-1992) SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /I--It:::. day of /3?6;-t1..~q ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 11f!2 day of ~6r//(IiA-J ,2003. [), ~ Attest: ~ ~ SEAIJ_ ItyClerk ~ "P. & ~ An Ordinance of the City ofMerid~ R .Chr~mam-~i3etf?;,jt., City Clerk - 3'" "'?:, '-~f 15\ . ,~.... First Reading: 2 -/1- P ~} ~ '27)\"- ,-.,,' Adopted after first reading by suspensidnt-9~e"R.u~~,~~it"howed pursuant to Idaho Code 50-902: YES )( NO 1I'ln;",,' Second Reading: Third Reading: - STATE OF IDAHO,) .: SS. County of Ada. ) On this Lday of-.fr6rAA;il , 2003, before me, the undersigned, a Notary Public in and for said State, p rsonally 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) 'Iltltllllll3l!101i1 ."0 N S~Q<I) ~~ ~~---. .A Q .. or A.;;'''' '~.... lOl:J /~ 0 G ~j.."f.:l.. o C~" ...., ~~ ~ a , , III tI : ~ iii a I B ra \:lL , , tJJ o , , CJ · \ br_'C" CJ 0.0. ~"~~-Uln"~"'~~QQ Q ~~--"'...n~<Q> Q.. '"lI",U OF l>': .0> QIit[l It llIo po.'" 2hMOV1 ~ih NOTARY PUBLIC FOR. IDAHOJ! 1/1 RESIDING AT: Ad IA [/)~ . 'Cttww MY COMMISSION EXPIRES: '(-2[-ffi Z:\Work\M\Meridian\Meridian 1 5360M\Ordinances City Hall\2003 Ord\Posting Requirements Title 11 Chapter 5 Section 5 Ordinance 01 3003.doc ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02120/03 01:45 PM ~~~~~1E~~~~~u~~~brF 1\ \ I Ill" I III" I 111\ 1'1111'" I III I III Meridian CiI\, 103028385 AMOUNT .00 6 CITY OF MERIDIAN ORDINANCE NO. 03- I tJ tJ 8 AN ORDINANCE FINDING THAT THE OWNER, MERIDIAN FIRST BAPTIST CHURCH, FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITIDN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) TO L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property 2.83 acres has made a written request for are-zone of the zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) to L-O (Limited Office) District as defined under Meridian City Code 9 11-7-2 G; and Physical address of 428 and 506 W. Pine Avenue, Meridian, Idaho. A parcel ofland being a portion of Lots 1,2 and 5, Block 9 ofNIDA YS MERIDIAN FIRST BAPTIST CHURCH (L-O) RZ-02-007 I RE-ZONE ORDINANCE - 1 ADDITION TO MERIDIAN, according to the Official Plat thereof, filed in Book 2 of Plats at Page 75, records of Ada County, Idaho located in the Southwest Quarter of the Northeast Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at the North Quarter corner of said Section 12; thence South 00015'45" West a distance of 1988.69 feet along the West line of the of the Northeast Quarter of said Section 12; thence South 89043'39" East a distance of 1041.85 feet; thence South 00015' 18" West a distance of 217.29 feet to the TRUE POINT OF BEGINNING, said point being the Southwest corner of said Lot 5; thence along the Westerly line of said lot 5, North 00015'18" East a distance of 114.00 feet; thence leaving said Westerly line, South 89046'27" East a distance of 197.25 feet to a point on the Westerly line of the East 120.00 feet said Lot 5; thence along said Westerly line, South 00015' 18" West a distance of 114.00 feet to a point on the Northerly line of said Lot 1; thence along said northerly line, South 89046'27" East a distance of22.75 feet to a point on the Easterly line of the West 5.00 feet of the North 180.00 feet of the East 123.25 feet of said Lot 1; thence along said Easterly line, South 00015' 18" West a distance of 180.00 feet; thence North 89046'27" West a distance of 5.00 feet to a point on the Easterly line of the West 215.00 feet of said Lot 1; thence along said Easterly line and the Southerly extension thereof, South 00015' 18" West a distance of 166.11 feet to a point on the center line of West Pine Avenue; thence along said center line, North 89049'16" West a distance of 316.81 feet; thence parallel with the Easterly line of said Lot 2, North 00015' 18" East a distance of250.00 feet; thence South 89049' 16" East a distance of 101.81 feet to a point on the line common to said Lots 1 and 2; thence along said common line, North 00015'18" East a distance of 96.29 feet to the POINT OF BEGINNING. Said parcel ofland contains 123,284 square feet or 2.83 acres more or less. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which MERIDIAN FIRST BAPTIST CHURCH (L-O) RZ-02-007 I RE-ZONE ORDINANCE -2 conditions and requirements Applicant shall comply; and 3. The real property, which is the subject of this ordinance, is legally described in Section 1.1. of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby Ie-zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY TRio: COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this II~ day of a6ru~ ~ ,2003. (/ MERIDIAN FIRST BAPTIST CHURCH (L-O) RZ-02-007 / RE-ZONE ORDINANCE -3 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this II./;t day of k 6 ru tl/t q ~ 2003. L v @~O,~ \\1l\1l111/11J1; \\\ ~/!.... III """\~I Of ....,:.:.R!/')~ 1//" -............ ~ "\ .....,<~~.1A ............;.. .;:.......... (} O~?OR>'1/,. .fV' ~ .... 0 ;" .- ~ ~ '(:) ~ ~ ~ ::: - ~ ATTEST: City Clerk First Reading: g -11- tJ 3 _"? 61:: Adopted after first reading by sU:~~' t t~ B:' P #lowed pursuant to Idaho Code 50-902 Yes: X' ~"" '-1 : ~~~~~ Second Reading: ..--.... 'J'III,;oUNT'C · \\\\\' . . fllHr;;,' n~H\' Third Readmg: STATE OF IDAHO, ) ss. County of Ada. ) On this 1[-l0. day of __ KI-o r~ ' 2003, before me, the undersigned, a Notary Public in and for said Sta e, 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. ......"IlIOa ~'l)ON S.A::'? ~~ ~~~---.~~.. .0 " 0 't~ ,.~..~~o o /~ ~\~o iI1 Ci'J I ""i \ .. It : \ .. J!l I I 0 Ii , I a .. \ I Q (l \ , lJ (l. \ , t:J C>~".. br-1C...~/O 0 . u~~':.- Ul:U.J..,.'" e- O .(":<t~---....n <> .1.'t~~".cOF)>': .. 4'1117Il1'II"G"'- 2hOMY1Smi+0 NOTARY PUBLIC FPR IDAHO RESIDING AT: Ada. COIk;1:f~, I Jda../iAJ MY COI\1MISSION EXPIRES: .tf -zt-or; (SEAL) Z:\ W ork\M\Meridian\MeridianIS3 60M\Meridian First Baptist Church RZ-02-007\RZOrdinance.doc MERIDIAN FIRST BAPTIST CHURCH (L-O) RZ-02-007 I RE-ZONE ORDINANCE -4 OJ OJ 0 C/l 11> g !i! ..... ~ m :s:. z cri CD :::!.o Ol a. @lo -. ;0 ~~~ en 1>>0 CD :J_ m::;E g "TlZ ~)> 0-10 0 ::;. )> :J ;;m"TJ ...... !e.Z z::O --I:s: I\,) IDO i5~ -I I>>m )>m m (.0,) :J: ::0 ::u Z ""g.Z 0_ _ - i~o ::::0 m'O ...... -. I'.} =i)> ~ gl~ mz 0 8 ::0 ~~ ~ Z g.ss ~ ~ en c- o I)> '"u ~~L,"! "--~~--'- 1-0 ' ! :r !~ 1m 1:0-- '-~ -- -----: ! i~ :~ , ~ '-I ;---' I (j) I ! -;: i m-,----~; <:: I '______; )> . ;~~~-- - <.;: :)>--~!--~ i -0 i ; en 0 '-I ' I -0 , ~ __ ".__ .--------, G ::::0 milT" i------ I , - 1.1----, __! m i ' OJ -I !-~- , I G> ! I~------,-, --, am; 1 )> I ~~~~ I ! I ~--;-i ; i__ I In j~- I ~,~"c~_,,~~ l-m~--I\)-i i 1.".--.,",.0. ;---- -- i ! 9 I--------! i !.. '~~_."__"~_~"__~m",,,~. ~ ,~"C,__.._,..~,.." , ["".' ! 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L-=::-:=i~TH-S:;=L i l~~~'- I ~ i j ~l ~ 1 ~! ;i ~!__i ! l;i-S'",n '. )> (j) ;0 i~ ---65-: ---~---:: !~ o )> ~;, i ! Z i i ,.-ci/; z o ~ (JJ L3 L5 ~ - ^-~r.~; i?, u '~"c--._~C_~'_j___'" . I ~::"+-" -=:;-;-._~_::::=;:;- _.~ ~~_.__~'~_~.r_ I I .~'~...,~'--=~~~ ~ "I , , " L___~__ j ~~^-cr____ _ ~~ ~ ?~.-~! i i '- E; - ~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder) Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03-/tJ08 , passed by the City Council of the City of Meridian, on the I/~ day oft:i6rktU.if, 2003) is a true and correct copy of the original of said document which is in the care, custodyand control of the City Clerk of the City of Meridian. \\\\\111111111/ ~\\ . .'_ III ,\\\~! of M!tIYh^"'- '.111,' ...' (!... ~\ ":'11.4 1"1" l& ",-fp.,POR.4'0"t- \J~~Jk.-f' 9-. ~ SEAL 0VILLIAMG. BERG, JR. ~"1.: &::: "t G-Q ,.,CJ 0 g .;.;. ~ Usr 1Si . ~ ~ STATE OF IDAHO";"~/-~ tv.. ..p'll' ,.;:.$ ~/,~!UUN1'! ,\\\,\,,\\ C t f Ad ) Jlilum ;,~\\'\ oun y 0 a, On this 1 (t"'- day of .K-?;rYUOU1"i'i ' in the year 2003, before me, ghtt.(l!Y1 Syy~ ~ ' a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ,,1'1ll"1lI'1) <><lOON S 4le-. ~~o~~~.kQ a~/~ A'~~e ~ I , e D : \ <1 a I I C C I I D [) \ / '" ~ , I '" ~ ,..b,._ 'Ie '0 ;:, 9 <> &'.l?"'~..~!!!:~~,,:~ q,/!J /!JQ~OF19~'> 4'llIIllElCO'llo 2hCULm SYfV'u~ Notary Public for Idaho Commission Expires: 4- -2 ~ ~ (()5 z:\ W ork\M\Meridian\Meridian 153 60M\Meridian First Baptist Church RZ-02-o07\CertlflcatimOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK - RZ-02-007 ADA COUNTY RECORDER J. DAVID NAVAR( BOISE IDAHO 02120/03 01:45 PM DEPUTY MiGhelle Turner 111I1111111 REC~~DEO. - REQUEST OF III \ 11111111111111111I1111 Meridian City 1133028386 AMOUNT .00 6 CITY OF MERIDIAN ORDINANCE NO. o3-ltJtJt.1 AN ORDINANCE FINDING THAT THE OWNER, LOIS MARRS AND JEANETTE SHAFFER, OF CERTAIN REAL PROPERTY GENERALLY KNOWN AS 321 AND 333 WEST BROADWAY AVENUE HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I-L (LIGHT INDUSTRIAL DISTRICT) TO 0- T (OLD TOWN DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 L, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property .85 acres has made a written request for are-zone of the zoning classification for the subject Real Property herein described from I-L (Light Industrial) to 0- T (Old Town) District as defined under Meridian City Code S 11-7-2 L; and Physical address of321 and 333 West Broadway Avenue, Meridian, Idaho. A parcel of land bounded on the North by the centerline of West Broadway Avenue, the east by the extended east line of the west 1'2 of Block 6 of West View Addition to Meridian, Book 2 at Page 68, Ada MERIDIAN HEAD START (O-T) RZ-02-006 / RE-ZONE ORDINANCE - 1 County records; on the south by the north right-of-way line of the Union Pacific Railroad and on the west by the east line of the west Y2. of Young Avenue lying westerly and adjacent to said Block 6 located in the Southeast y.j of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Said parcel being more pmiicularly described as follows: BEGINNING at a brass cap monument marking the centerline of West Broadway Avenue at the East Right-Of-Way line of West 4th Street; thence along said centerline of West Broadway Avenue South 89058'30" East 128.06 feet; thence leaving said centerline and following the east line of the west !/z of said Block 6 and its northerly and southerly extensions South 00000' 14" West 374.92 feet to the north right-of-way line of the Union Pacific Railroad; thence along said north right-of-way line North 89009'48" West 143.07 feet to its intersection with the southerly extension of the east line of the west !/z of said Y oung Avenue; thence leaving said north right-of-way line North 00000'14" East 372.89 feet along said east line ofthe west!/z of said Y oung Avenue to the centerline of said West Broadway A venue; thence along said centerline South 89058'30" East 15.00 feet to the POINT OF BEGINNING. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property, which is the subject of this ordinance, is legally described in Section 1.1. of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (0- T) Old Town District. MERIDIAN HEAD START (O-T) RZ-02-006 / RE-ZONE ORDINANCE -2 SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I! -1b day of ;::;g 6 r a.J(/l. 0/ , 2003. v APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I ( 1!.-'- day of R:6 ru. tlA VI , 2003. · v' ATTEST: MERIDIAN HEAD START (O-T) RZ-02-006 / RE-ZONE ORDINANCE -3 STATE OF IDAHO, ) ss. County of Ada. ) On this l L & day of (tGrr~ ' 2003, 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'llCiilllIliIlI >:>"ON S~~. tJl)()::to-i~vlt~<> 1I,.~;~ :;.;. ~~ f.1_." 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CI) CJ 0::: o LLo. 10: ~c UC CERTIFICATION OF THE CITY CLERK OF mE CITY OF lVIERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission ofthe State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03-/tJtJ9 , passed by the City Council of the City of Meridian, on the II~ day of ff6JUdf'Q, 2003, 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. \\\\\11111111111 \\\' ~ ~!:".,"~ Ill} ~\'\~--{ Or }!d~!...tj~:~.:(,<< ~ f' () .,;fp'?lPO;'l'1~:,\"j, '<\.. . ~,::, A", /J ~ ~ ::___&--/~/~ >ft.- ~ SEAIl .) f;vrLLIAM G. BERG, JR. {/ ~ ~ (C?:: ~ ~ >fsJ/ 0 :..~ '*' ~_ ~r 15\ ' ..(~.~ STATE OF IDAH~.n t'\,.. ,(',1' ......~ ;r,... ,~u.......-...1 'v,, ~/.f~~. Unl. 1 . \\\", County of Ada, ) IJiIHhl :nn\\\ On thih tl-tk day of _ .k/b~ ' in the year 2003, before me, ~+V-1.JtOVl. ~rl/k..J.0 , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ..",\IIlim.rliQQ", ",<>"'ON SJlt;.~ o~~----~~~~. -0 ' ...... :< . .. 0~/ 0 'tA.J(.A'?j.~. l'lCO' ~ \or~ Q t \ ro n , I m: III I . l!I III \ J '" 1) \. " ~ CI , br_ . G' CJ G. O'''''''~ uln...V,/ 00 <>.~?;.----~~$(I .<II"~OF 1.~$ -aB!I'lL'Cl ~~~md0 Notary Public for Idaho . Commission Expires: 2{- Zg -Or; Z:\ Work\M\Merid iall\Merid ia1l15360M\Merid ianHead Start RZ-02-006 CUP-02..o37\CertificatimOfClerkRZOrd.doc CERTlFICA TION OF THE CITY CLERK - RZ-02-006 (t) BEFORE THE MERIDIAN CITY COUNCIL C/C 02/11/03 IN THE MATTER OF THE ) APPLICATION OF THE BRAHMA, ) LLC FOR APPROVAL OF FINAL ) PLAT FOR SALMON RAPIDS NO.5) SUBDIVISION, LOCATED NORTH ) OF VICTORY ROAD AND WEST ) OF LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) ) CASE NO. FP-03-003 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 11,2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Wendy Kirkpatrick Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Becky Bowcutt, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SALMON RAPIDS SUBDIVISION NO.5" as evidenced in Plat bearing: "PLAT OF SALMON RAPIDS SUBDIVISION NO.5 A PORTION OF THE SE Y4 SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SALMON RAPIDS NO.5 SUBDIVISION / (FP-03-003) - 1 IDAHO 2003, HANDWRITTEN DATE: 1/06/03, SHEET 1 OF 2, #20106 \20106-PLT.DWG BKB l/06/03, FAR WEST LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Farwest, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Tec1mician III, and Wendy Kirkpatrick Planner II for the Planning and Zoning Department, dated February 11,2003, listing 11 General Comments and 10 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the response letter of Becky Bowcutt pertaining to Staff comments in her letter dated February 11, 2003, a true and correct coy of which is attached hereto marked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 11, 2003 meeting as follows, to-wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 1.2 Comply with the Nampa & Meridian Irrigation District requirements as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SALMON RAPIDS NO.5 SUBDIVISION I (FP-03-003) - 2 1. The Nampa & Meridian Irrigation District has reservations regarding the pressure irrigation system. It is unclear how the system will be expanded to meet the additional requirements for this phase. Until the matter has been resolved, the District reserves all comments. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the u~ day of Ff-,{J ruru:J ,2003. BY:~7V~ R ERT D. CORRIE Mayor, City of Meridian Dated: :2 --I P ~tJ 3 - - - - z:\ Work\M\Meridian\Meridian15360M\MaJane Sub FP-03-DO 1 \OrderFP .doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SALMON RAPIDS NO.5 SUBDIVISION / (FP-03-003) - 3 ~IAYOR Robm D. C,)me HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (:l03) 233.2499 . Fax 283-250 1 CITY COL"NCIL :>.lE},(BERS T,mUllY de W eerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433, FA.."\: (208) 887-4813 City Clerk Oft1ce Fax (208) 888-4218 Pl13LlC WORKS BUfLDTNG DEPARTMENT (208) 898-5500' fax 887.1297 PLA..\lNING A..\lD ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUl\'I: To: Mayor, City Council and Planning:iAt-ning Commission Wendy Kirkpatrick, PLanner II [.~ cd Bruce Freckleton, Senior Engineering Tech ~ FebH:/'-i ~ ~~~~ .rt~~ ~jEIVE_[~ ~~EB - 7 2003 From: t":i+-/" n ~ . :;."v vt Meridian Guy Clerk Office Re: Request for a Final Plat Approval of Salmon Rapids No.5 Subdivision- nineteen (19) Building Lots and Two (2) Other Lots on 6.503 Acres in an R-4 Zone, by Farwest, LLC (File No. FP-03-003). We have reviewed the above referenced submittals and offer the followi~g comments, as conditions of approval. These conditions shan be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property is located 14 of a mile west of Locust Grove, ~ mile north of Victory Road, in the southeast comer of the existing Salmon Rapids Subdivision. SURROUNDING PROPERTIES North: Salmon Rapids Phase 3, zoned R-4. South: Rural residential, zoned RUT (Ada County). East: Salmon Rapids Phase 2, zoned R-4. West: Rural residential, zoned RUT CAda County). SITE SPECIFIC CO:MMENTS I 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. The applicant has indicated that the pressurized irrigation system within this development PP..{ll'()20 b1:b~t- It f\ 1& I of ~ Salmon Ropids No.S Sulx1ivioion..PP Planning & Zoning Commis' 1IMayor & City Council October 21, 2002 Page 2 is to be owned and maintained by the Nampa & Meridian Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4. A detailed fencing plan has been submitted with the application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. The fencing within the landscape buffer shall be removed. 5. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 6. Any drainage areas (detensionlretension basins) must be designed to ensure that water is retained only during lOG-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 7. A detailed landscape plan, in compliance with the landscape ordinance has been submitted for the subdivision with the final plat application. 8. Lot 15, Block 8 doesn't meet the minimum 80-foot frontage required in the R-4 Zone, on the E. Lake Creek Drive frontage. Place an arrow on Lot 15, Block 8 pointing towards S. Pine Bar Place, indicating the front of the house, or adjust the lot line between Lots 14 and 15 in order to make Lot 15 meet this requirement. 9. The applicant has submitted a master grading and drainage plan as part of the development plans for the subdivision. This plan will be reviewed and approved as part of the plan review process. 10. Applicant shall coordinate the timing of the sewer main extension on S. Pine Bar Way with the adjacent neighbors, to ensure that their service is restored within a 24-hour period of time. Applicant shall provide temporary restroom facilities for the neighbors during this down time. GENERAL COMMENTS 1. A copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering has been submitted. FP.02.003 ~>>.:b~~" ^.e ~ 3 _~~""No"om",~" FP.o2-003 Planning & Zoning Commi{ JlNfayor & City Council October 21, 2002 Page 3 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. ... .J. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature 5. Developer shall coordinate mailbox locations with the Meridian Post Office. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. lOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Compaction test results have been submitted to the Meridian Building Department for all building pa~s x~ceiving engineered backfill; where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian1s Water Works Superintendent. 11. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. E~:p~,.ItN 3 Df3 -'_N.'_;~", BECKY BOWCUn PlANNING SERVICES .K ~l ,/ '1.f1.j~n I 'V' 7F'.'.'D. '0 ~, , t d , " .l. I , 'l-......... ( FEB I 1 2003 '.. City Of Meridi(L."'J. City Clerk Office 1100 E. Valli Hi Ln. Eagle, rd~hD 83616 Phone: 484.3904 Fax: 938-6210 February 11, 2003 "' c.jt ()2 - /1-03 J-J.etnl rW, 10 City of MeTidian Attn: Cily Council 33 East Idaho Meridian, Idaho 83642 Re: Salmon Rapids Subdivision No.5 (Responses to Final Plat Comments) fP.03-003 Dear Council Members: SITE SPECTFIC COMMENTS . 1. The applicant is in agreement. 2. The applicant is in agreement. 3. The applicant is in agreement. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant wiU comply. 7. The applicant is in agreement. S. The fl11a] plat will be revIsed accordingly. 9. The .applicant is in agreement 10. The applicant will comply. f'iENERAL COMMENTS 1. The applicant is in agreement. 2. The applicant will comply. 3. The applicant understands and is agreement. 4. The applicant will comply. Page 1 E,.k:b;o\-'l.B" I O~ ~ PAGE. 01 FEB 11 '03 15:47 5. The applicant will comply. 6. There are no existing wells or septic systems within Ibis phase of the project. 7, The applicant will comply. 8. The applicant will provide compaction testing documentation in compliance with the requirements of Public Works and the Meridian Building Department. 9. The applicant's engineer will provide the required certification. 10. The applicant will comply. 11. The applicant will,comply. OTIiE~ DEPARTMENT COMMRNTS The applicant is in agreement and will comply. NAMPA-MERI[>IAN IRRICATION DlSJ'RlCT COMMENTS The applicant is working with Nampa-Meridian Irrigation District to provide service to this phase of Salmon Rapids and to improve the existing pressure irrigation system. Prior to signature on the final plat, the applicant will have a letter of approval from Nampa-Meridian Irrigation District. Sincerely, ~ ~4 ~ FEB 11 '03 15:47 ep;b-;+"a.. d. O~ .,j.. PAGE. 02 \ '\\ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE TED MASON FOR APPROVAL OF FINAL PLAT FOR TULLY COVE SUBDIVISION, LOCATED WEST OF NORTH LINDER ROAD AND SOUTH OF WEST USTICK ROAD, MERIDIAN, IDAHO C/C 02/11/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 11, 2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Ted Mason, commented at the hearing, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "TULL Y COVE SUBDIVISION" as evidenced in Plat bearing: "TULL Y COVE SUBDIVISION A PORTION OF LOT 2, BLOCK 6 TURTLE CREEK SUBDIVISION NO.1, AND A PORTION OF THE SOUTH Y2 OF THE NORTH EAST Y4, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TULLY COVE SUBDIVISION / (FP-03-004) - 1 SECTION 2 TOWNSHIP 3 NORTH, RANGE 1 WEST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO 2003, 02l33SD.lDWG 01/14/03, HANDWRITTEN DATE: 14 JAN 03, ANDERSON-DAVID & ASSOCIATES, INC.", Ted Mason, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner II for the Planning and Zoning Department, dated February 11, 2003, listing 8 General Requirements and 19 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 11,2003 meeting as follows, to-wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. The streets with the 29' street section shall have parking restricted to one side. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TULLY COVE SUBDIVISION I (FP-03-004) - 2 1.2 Comply with the Nampa & Meridian Irrigation District requirements as follows: 1. The Nampa & Meridian Irrigation District reserves comments until the review is complete. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of StOfmwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed andJor the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TULLY COVE SUBDIVISION I (FP-03-004) - 3 By action of the City Council at its regular meeting held on the H#..- day of .~~ ,2003. By: o ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. - - - ::: By:~4~~ City Clerk Dated: 2-/8 -&? Z:\Work\M\Meridian\Meridian15360M\Tuly Cove Sub FP 03 004\OrderFl'.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TULLY COVE SUBDIVISION I (FP-03-004) - 4 MA YOR Robert D. Corrie HUB OF TREASURE VA.LLEY A Good Place to Live LEGAL DEPARTMENT {208) 288-2499 . Fax 2S8-250 1 CITY COUNCIL MEMBERS William Uvl. Nary Kt:ith Bird Tammy deWeerd Cherit: McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433. FAX (208) 887-48]3 Cit)' Clerk Office Fax (208) 888-4218 PUBliC WORKS BUILDrNG DEPARTMENT (208) 887-22 [I . Fa.".; 887-] 297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FA..'<: 888-6854 MElVIORANDUM: February 11, 2003 To: Mayor & City Council ~ -;r-... -'r"l -.J"';-: T-- ...,.. ~-" }.; ;' '.,' 1 \ l"T:"11 . cD'. i: ......:! ] n '. ,I t"1: . 'L .V..ll_o11 ....."" ~.......J "'f/.-:I.' . --- From: Bruce Freckleton, Engineering Tech III David McKinnon, Planner II l:iA Tully Cove Subdivision FEB - 7 2003 Re: C~ity. Of Meridian City Clerk Office · Request for a Final Plat Approval of Tully Cove Subdivision Consisting of Thirty- Nine (39) Building Lots and Ten (10) Other Lots on 7.30 Acres in an R-8 Zone by Ted Mason (File No. FP 03-004). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The Applicant Ted Mason is requesting approval of a Final Plat for the single phase Tully Cove Subdivision, Located on the west side of Linder Road, approximately ~ a mile north of Cherry Lane. The entire subdivision contains thirty-nine (39) building lots and ten (10) common/open- space/drainage lots. Thirty-six (36) of the building lots are for attached single family dwellings, with the remaining three being used for detached housing. The gross density of the subdivision is approximately 6.71 dwelling units/acre (gross). The subdivision is located in an R-8 zone, and all lots within the subdivision meet all of the minimum lot requirements of the R-S zone. The minimum house size within the subdivision is 1,001 square feet, not including the garage area. This section of Linder Road is in the ACHD 5-year work program for widening to a 3-lane road with bike lanes and sidewalk. Therefore ACHD will be able to obtain the right-of-way for this project and will construct the sidewalk on Linder road. It is currently scheduled for construction in 2007. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved preliminary plat. 2. The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as FP-03-004 Tully Cove Subdivison FP &h.'b:+ II Ii*' I of'! Mayor and Council February 11,2003 Page 2 part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer sh all be responsible for the payment 0 f assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the [mal plat. 4. Fencing within 20 feet of all public right of ways shall be no taller than 3 feet in height if solid fencing material is used. A solid six-foot fence shall be installed on the southern boundary of the property and shall be completed on the western boundary ofthe property. Fencing adjacent to Linder Road shall be located west of the required landscape buffer. A solid six-foot fence shall be constructed on Lot 2 Block 2 adjacent to Lots 3-6 Block 2, excepting the fencing within the vision triangle near the northwest comer of Lot 3 (per MCC 12-4-10F(1)c) shall be no more than 36 inches in height. 5. The Landscape Plan dated 1-10-3 (revised) prepared by Treasure Valley Engineers is approved as submitted. 6. Modify or add the following plat notes in the manner noted below: 11. There shall be no direct lot access to North Linder Road, unless approved by both ACHD and the City of Meridian. 7. Sanitary sewer service to this site shall be via mainline extension from the adjacent development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 8. Municipal water service to this site shall be via main line extensions from the adj acent development. Applicant will be responsible to construct the water mains to and through this proposed development. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 10. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 11. Revise the plat to clearly indicate the existence of an access easement in favor of Settler's FP.03-004 Tully Cove Subdivision. FP t~;b:f"A" ~of4 Mayor and Council February 11, 2003 Page 3 ,...n. e Irrigation District across the northern boundary of Lots 11 and 12 of Block 1. Please include the recorded instrument number for the existing easement. 12. Revise the plat to correct the naming of the north/south section of West Tully Springs Street to N. Blue Springs Avenue per the final street naming evaluation. 13. Revise the situate statement to include "City of Meridian". 14. Add "Turtle Creek Subdivision No.l" to the area north of the Lots 11-13, Block 1, and add Lot 1 Block 6 to the out parcel in the northeast corner. 15. Add centerline radius dimension to the cul-de-sac at the end ofN. Tully Cove Place, and show the centerline ties and radius dimensions to the two eye brow's of West Tully Springs Street. 16. Graphically show the radius points of the island curves in the details, and show all segment information in the curve/line tables. 17. Revise the subdivision boundary to include the 20-feet of undedicated right-of-way of Linder Road south of what was Lot 1, Block 6 of the Turtle Creek Subdivision. Revise the legal description in the Certificate of Owner's to match the boundary modifications mentioned above. 18. Revise the line type of the lO-foot easement line across the back of Lots 8-11, Block 1 to match the line type shown elsewhere, and in the plat legend. 19. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-Hundred-fifty watt (250w) and One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain a design and permit from the Public Works Department prior commencing installations. FP-03-004 tAA.b,1 " Ii" 3 dflt~ S"";~.oo. Fe FP-03-004 Mayor and Council February ll, 2003 Page 4 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making the available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 8. Provide five-foot-wide sidewalks within the subdivision in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. E]Vh:',~ II AU '-/ T~fii~'i,"FP --'-;h / ?Lw.52~ ?o9i ~ 1>~0 ~b'Ce-.-L CUrLf-S'. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 11, 2003 at 5:30 p.m. . City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Discussion with Helen Sharp regarding Wingate Lane: (30 minutes) 4. Discussion of Deferred Comp Plan with Waddell & Reed: (30 minutes) 5. Revenue Task Force - Objectives and Members: (15 minutes) '" Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - February II, 2003 Page 1 of I 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 leasr48 hours prior to the public meeting. >l<* TX CONFIRMATlud REPORT ** ( AS OF FEB 07 '03 l~ ~7 PAGE. 01 CITY OF MERIDIAN 01 02 03 04 05 06 DATE TIME TO/FROM 02/07 16:19 CHERRY LANE 02/07 16:20 POST OFFICE 02/07 16:21 208 888 1983 02/07 16:22 10 PRESS TRIBUNE 02/07 16:26 LIBRARY 02/07 16:27 20B B88 6700 MODE EC--S EC--S G3--S EC--S EC--S EC--S MIWSEC PGS 00' 21" 001 00'32" 001 00'28" 001 00' 19" 001 00'21" 001 00'20" 001 CMOlt 039 039 039 039 039 039 STATUS OK OK OK OK OK OK -7A / ?lffi2e. ?o9i J;,r f>u.b&'c 1Lo-b:UJ~LvlCVrtFS. CITY OF MERIDIAN PRE.COUNCIL MEEllNG AGENDA Tuesday, February 11, 2003 at 5;30 p.m. > City Council Chambers 1. Rolf-call Attendance: _ Tammy de Weerd Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion with Helen Sharp regarding Wingate Lane: (30 minutes) 4. Discussion of Deferred Comp Plan with Waddell & Reed: (30 minutes) 5. Revenue Task Force - Obj~ctives and Members: (15 minutes) ., Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. M~ridian CilyCou.ocil Agenclo - Fcbrwry II. 2003 Po~ 1 of I All mlll.....ls pn:,enlcd a[ publie """"Iin8' oIall b<<>omel"Ol'crty ofthc cay of Meridian. Anyon< dc.irin& .cconunocbtion for disnbilitics relaTed 10 dDC"mtolsllItdlor h..,,;nss . pl....e CDlllOct \h. City C1<rk'. Olfi" at 838-4433 .1 lo::u1 4S hDUtJ pt'iDl' 10 ~ public mcniIlg. {. /". ( ** TX CONFIRI.. .a-.l REPORT ** AS OF FEB 07 '03 16'.. PAGE. 01 CITY OF MERIDIAN DATE TIME TOI'FROM MODE MINl'5EC PGS CMDIl STATUS 17 021'07.16:04 3810160 EC--S 00'26" e01 039 OK 18 021'07 16:05 PUBLIC WORKS UF--S 00'11" 001 039 OK 19 021'07 16'06 12084664405 EC--S 00'20" 1301 039 OK 20 1321'07 16:07 8841159 EC--S 00'20" 001 039 OK 22 021"07 16:09 2088840744 EC--S 00'20" 001 039 OK 23 021'07 16'10 2088467366 EC--S 00'20" 001 039 OK 24 021'07 16'10 8985501 EC--S 00'19" e01 039 OK 25 021"07 16'1292083776449 EC--S 00'20" 001 039 OK 26 02/07 16'122088886854 EC--S 00' 19" 001 039 OK 27 021'07 16'13 KEITH BIRD EC--S 00' 19" 0el 039 OK 28 021'07 16:14 8950390 EC--S 00' 19" 001 039 OK 29 02/07 16:15 Laurel EC--S e0' 19" 001 039 OK 30 02/07 16:16 208 387 6393 EC--S 00' 19" 001 039 OK 31 02/07 16:17 ADA CTY DEVELMT G3--S 00'39" 001 039 OK 32 02/07 16:18 CHERIE MCCANDLES EC--S 00'24" 001 039 OK 4_ ( ? Lw.2e- ? On j;y 1>u.bti:G -fLo-b'Q.. -lVLCUrLts . CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, Februmy 11, 2003 at 5;30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ BiIlNary Cherie McCandless _ Keilh Bird _ Mayor Robart Corrie 2. Adoption of the Agenda: 3. Discussion with Helen Sharp regarding Wingate Lane: (30 minutes) 4. Discussion of Deferred Comp Plan with Waddell & Reed: (30 minutes) 5. Revenue Task Force - Objectives and Members: (15 minutes) · Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Moridian Cil}' ewo<i1 A~o:n4o - F.bnwy ll. 200~ P.,.. ofl All "'''1<'';01, pr....".d at public .....,;...5ho1l b<oom. prop<rty of tho C~yofMerid;.n. An~DnC' dcuntlt; llItcommod3tion for di~liltcs; related to dQC2,1mnll$ and/or hwiDs:s. pie... cOIlUCllll. City Cllllk'. OID..,.t ns-4433 .al1_ 4B hDlll".pdOt" to tho public "'.....g, MAYOR Robert D. Corrie r"~ ......~. I f ~tLS~ poSi j;y PUhf:'6 tZaflCe -C. ,0000f:S ~ . .~ .'~.. LEGAL DEPARTMENT .l~' . (208) 288-2499' Fax 288-2501 eM; CITY OF .I~ -._.' PARKS & RECREATION - (208 888-3579 . Fax 898.5501 prl' J, /In PUBLIC WORKS V I j OJ j ~ J (208) 898-5500 'Fax 887-1297 IDAHO BUILDING DEPARTMENT (208) 887-221 I . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd 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, February 11, 2003 at 5:30 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: - Discussion with Helen Sharp regarding Wingate Lane - Discussion of Deferred Camp Plan with Waddell & Reed - Revenue Task Force - Objectives and Members The public is welcome to attend the meeting. DATED this 7th day of February, 2003. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 11. FP 03-004 Request for Final Plat approval of 39 building lots and 10 other lots on 7.30 acres in an R-8 zone for Tullv Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: 12. Public Hearing: CUP 02-046 Request for a Conditional Use Permit for a bus facility in an I-L zone for Joint School District No.2 by Joint School District NO.2 - 2170 West Franklin Road: 13. Public Hearing: VAR 02-015 Request for a Variance to extend future access streets beyond 450 foot cul-de-sac length to approximately 755 feet for Joint School District No.2 by Joint School District NO.2 - 2170 West Franklin Road: 14. Public Hearing: AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar SprinQs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: 15. Public Hearing: PP 02-027 Request for Preliminary Plat approval of 197 building lots and 33 other lots on 81.54 acres in proposed R-8 and L-Q zones for proposed Cedar SprinQs North Subdivision by Howell- Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: 16. Public Hearing: VAR 03-003 Request for a Variance to allow blocks 7, 9, and 13 to exceed 1,000 foot maximum block length for Cedar SprinQs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Meridian City Council Agenda - February 11, 2003 Page 4 of 4 _4..11 materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. License Agreement with Nampa & Meridian Irrigation District- Five Mile Creek Sewer Crossing: P. Water Main Easement, Linder Road Middle School - Joint School District No.2: Q. Sewer Main Easement, Linder Road Middle School - Joint School District No.2: R. Sewer Main Easement, Linder Road Middle School - Joint School District No.2: S. Agreement for Professional Services with H DR Engineering for Safety Audit of Meridian Facilities: 4. Department Reports: A. Mayors Office: 1. Reappointments to Planning and Zoning Commission: - Jerry Centers, six-year term to 2009 - David Zaremba, six-year term to 2009 5. (Items Moved from Consent Agenda) 6. Tabled from February 4, 2003: Ordinance No. Amendment to Meridian City Code 11-2-2, Definitions of the Zoning Regulations: 7. Ordinance No. Amendment to Meridian City Code 11-15-5, Postina Requirements: 8. Ordinance No. RZ 02-007 Request for a Rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: 9. Ordinance No. RZ 02-006 Request for a Rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: 10. FP 03-003 Request for Final Plat approval of 1 9 building lots and 2 other lots on 6.5 acres in an R-4 zone for Salmon Rapids No.5 by Brahma, LLC - north of Victory Road and west of Locust Grove Road: Meridian City Council Agenda - February 11,2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: CUP 02-043 Request for a Conditional Use Permit for a Planned Development for drive-thru facilities on pre-approved bank in a C-C zone on 0.89 acres for Albertson's Emplovees' Federal Credit Union by Albertson's Employees' Federal Credit Union - south of East Overland Road and east of South Eagle Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 02-042 Request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder Crossina retail center by Stubblefield Development Company - southeast corner of West Cherry Lane and North Linder Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 02-044 Request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Muaasy's Bar & Grill by Michael McGuinness - south of East Fairview Avenue, east of North Locust Grove Road on East Wilson Lane: I. Findings of Fact and Conclusions of Law for Approval: AZ 02- 026 Request for annexation and zoning of 35.94 acres from RUT to R-8 zones for proposed Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: . J. Findings .of Fact and Conclusions of Law for Approval: PP 02- 025 Request for Preliminary Plat approval of 119 building lots and 12 other lots on 35.94 acres in a proposed R-8 zone for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 03-001 Request for a Variance to allow two block lengths to exceed the one thousand foot maximum block length for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: L. Baldwin Park Subdivision Water Latecomer Agreement: M. Revised Silverstone Subdivision Water and Sewer Latecomer Agreement: N. Heritage Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement: Meridian City Council Agenda - February 11, 2003 Page 2 of 4 All materials pres.:nted at public meetings shall become property of the Cily of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the Cit)' Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. p~ ?O$i Jv 'P~ 'fLo-h'Ce...-LhtwLf:S! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 11 J 2003 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 January 21, 2003 City Council Regular Meeting: B. Approve minutes of January 28, 2003 City Council Regular Meeting: C. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 02-024 Request for annexation and zoning of 15.4 acres from RUT to R-8 zones for proposed Cobblefield Crossina Subdivision by CMD, Inc. - 4450 North Linder Road: D. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: PP 02-022 Request for Preliminary Plat approval of 73 building lots and 15 other lots on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossina Subdivision by CMD, Inc. - 4450 North Linder Road: E. Tabled from February 4, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02-032 Request for a Conditional Use Permit for a PUD for 64 single-family detached homes, 8 e single-family attached homes and 1 single-family existing home on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossina Subdivision by CMD, Inc. - 4450 North Linder Road: Meridian City Council Agenda - February J J, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 30 DATE TIME TO/FROM 02/07 14:59 3810160 02/07 15:01 PUBLIC WORKS 02/07 15:03 12084664405 02/07 15:05 2088840744 02/07 15:07 2088467366 02/07 15:09 8985501 02/07 15:10 LIBRARY 02/07 15:13 IDAHO STATESMAN 02/07 15:14 208 388 6924 02/07 15:16 2088886854 02/07 15:18 KEITH BIRD 02/07 15:20 8950390 02/07 15:22 Laurel 02/07 15:24 208 387 6393 02/07 15:25 ADA CTY DEVELMT 02/07 15:28 CHERIE MCCANDLES 02/07 15:30 CHERRY LANE 02/07 15:33 POST OFFICE 02/07 15:35 208 888 1983 02/07 15:38 ID PRESS TRIBUNE 02/07 15:39 208 888 6700 02/07 15:44 8841159 AS OF FEB 07 '03 15:45 PAGE. 01 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 02'09" 004 01' 01" 004 01' 15" 004 01' 14" 004 01'15" 004 01'13" 004 01'36" 004 01' 13" 004 01'35" 004 01'13" 004 01'13" 004 01' 12" 004 01'16" 004 01'14" 004 02' 18" 004 01'36" 004 01'37" 004 02'08" 004 01'43" 004 01' 14" 004 01' 13" 004 01'14" 004 CMDt:I 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------~-----~-----------------------------------------------------------~ p~ ?O~ ~ 'P~ YW-h'Q.--r~;:S! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 11, 2003 at 7:00 p.m. . City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: Bill Nary Keith Bird A. Approve minutes of January 21, 2003 City Council Regular Meeting: ** COMMUNICATIONS REPORT ** AS OF FEB 07 '03 15:47 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0100 SEND 00036'05" RECEIVE 0020 RECEIVE 00006' 16" DATE TIME TO/FROM MODE MIN/SEC PGS CMDi:I STATUS 01 02/07 08:31 208 388 6924 EC--S 00'32" 001 029 OK 02 02/07 09:02 208-888-5052 EC--R 05'45" 019 031 OK 03 02/07 09:16 6588399 EC--S 00'37" 001 032 OK 04 02/07 09:20 12088885130 EC--R 00'31" 001 034 O!< 05 02/07 12:30 2083849935 EC--S 01'16" 005 035 OK 06 02/07 14:59 3810160 EC--S 02'09" 004 037 OK 07 02/07 15:01 PUBLIC WORKS UF--S 01' 01" 004 037 OK 08 02/07 15:03 12084554405 EC--S 01' 15" 004 037 OK 09 02/07 15:05 2088840744 EC--S 01'14" 004 037 OK 10 02/07 15:07 2088467366 EC--S 01'15" 004 037 OK 11 02/07 15:09 8985501 EC--S 01' 13" 004 037 OK 12 02/07 15:10 LIBRARY EC--S 01'36" 004 037 OK 13 02/07 15:13 IDAHO STATESMAN EC--S 01'13" 004 037 OK 14 02/07 15:14 208 388 6924 EC--S 01'35" 004 037 OK 15 02/07 15:16 2088886854 EC--S 01' 13" 004 037 OK 16 02/07 15:18 KEITH BIRD EC--S 01'13" 004 037 OK 17 02/07 15:20 8950390 EC--S 01'12" 004 037 OK 18 02/07 15:22 Laurel EC--S 01'16" 004 037 OK 19 02/07 15:24 208 387 6393 EC--S 01' 14" 004 037 OK 20 02/07 15:25 ADA CTY DEVELMT G3--S 02' 18" 004 037 OK 21 02/07 15:28 CHERIE MCCANDLES EC--S 01'36" 004 037 OK 22 02/07 15:30 CHERRY LANE EC--S 01'37" 004 037 OK 23 02/07 15:33 POST OFFICE EC--S 02'08" 004 037 OK 24 02/07 15:35 208 888 1983 G3--S 01'43" 004 037 OK 25 02/07 15:38 ID PRESS TRIBUNE EC--S 01'14" 004 037 OK 26 02/07 15:39 208 888 6700 EC--S 01'13" 004 037 OK 27 02/07 15:41 3810160 EC--S 00'33" 001 038 OK 28 02/07 15:42 PUBLIC WORKS UF--S 00'14" 001 038 OK 29 02/07 15:43 12084664405 EC--S 00'25" 001 038 OK 30 02/07 15:44 8841159 EC--S 01'14" 004 037 OK 31 02/07 15:46 8841159 EC--S 00'24" 001 038 OK 32 02/07 15:47 2088840744 EC--S 00'22" 001 038 OK ** TX CONFIRMRTluN REPORT ** ( AS OF FEB 07 ' 03 1~/:": 7 PAGE. 01 CITY OF MERIDIAN 27 28 29 31 32 DATE TIME TO/FROM 02/07 15:41 3810160 02/07 15:42 PUBLIC WORKS 02/07 15:43 12084664405 02/07 15:46 8841159 02/07 15:47 2088840744 MODE EC--S UF--S EC--S EC--S EC--S MIN/SEC PGS 00'33" B01 00'14" BBl B0'25" BBl B0'24" B01 B0'22" B01 CMD~ 038 038 038 038 038 STATUS OK OK OK OK OK ---~-~~-----------------------~------------------------------------------------------------- MAYOR Rohert D. Conic ? I&se 'PoH j;, P0j:'6~I;c. -1itMt~ I """D"AIUMENT .:.)~~.......J " ' (lOB) 2B8-2499. R1~ 288.2501 ~..o~~ ~ eM;; C'TY 01' ~ - - , , . PARKS "'- RECREATION ., . - :=:- '..... (208 888-3579 . F... 898-5S0 1 .. .r:'/.~. PUBl..lC WORKS . erldl an \} (20B) 898.5500 'Fn~ m.l2')7 ~D^HO .l.- ), :P BUILDING DEPARTMENT , (208) 887-2211' F:u 887-1297 ..", PLANNING AND ZONING , '10l (20B) 884-5533 . F:u 88 g-jj854 CITY COUNCIL MEMBERS T~mrny rlcWcerd William L. M. NlIJ)' Cherie McCandless Kci th Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the Cily Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, February 11, 2003 at 5:30 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: - Discussion with Helen Sharp regarding lIV1ngate Lane - Discussion of Deferred Comp Plan with Waddell & Reed - Revenue Task Force - Objectives and Members The public is welcome to attend the meeting. DATED this ih day of February, 2003. 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888.4433. f:\X (208) 8874813 . City Clerk Oflice fil:< (208) 888-4218 . HumJn Resources Fax (208) aS4.S123 MAYOR Robert D. Conic .,~ ~~-:' ._.~._. of.~ , ("~., :" R.. ~ .;;..~.,r~ . ~',;~ .jMj~) ~p /C1TYOF l~~::~.~,,~ vvLer,dicrn }; \, ]DAHO )~ ;>. Y ~~ ,.? c:~ Q..7 . :$I~CE \ HOJ 'LEGAL DEPARTMENT (208) 288-2499 . Fax 288-25O'J PARl<<S & RECREATION (208 888-3579 . Fax 898-j~ PUBLIC WORKS (208) 898-5500 'Pax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-]297 PLANNING AND ZONING (208) 884-5533 . Pax 888-6854 CITY COUNCIL MEMBERS Tammy dcWccrd William L. M. Nary Chcric 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, February 11, 2003 at 5:30 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: - Discussion with Helen Sharp regarding Wingate Lane - Discussion of Deferred Camp Plan with Waddell & Reed - Revenue Task Force - Objectives and Members The public is welcome to attend the meeting. DATED this ih day of February, 2003. - - , 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Ortiee Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 ** TX CONf'I",. JON REPORT ** AS OF FEB 137 '83 16: PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDIl STATUS 81 82/0? 15: 48 21388467366 EC--S 00'24" 131'11 038 OK 02 1'12/1'17 15:49 8985501 EC--S 00'23" eel 038 OK 03 821"1'17 15:50 LIBRARY EC--S 00'28" eel 038 OK 04 1'12/07 15:51 IDAHO STATESMRN EC--S 88'23" 81'11 1'138 OK 135 82/07 15:52 2008886854 EC--S 80'24" 0131 038 OK 86 i32/07 15: 53 KEITH BIRD EC--S 00'23" 081 038 OK 87 02/07 15:54 8950390 EC--S 00'23" 081 038 OK 1'18 132/87 15:55 Laurel EC--S 00'24" 01'11 038 OK 89 1'12/1'17 15:56 208 387 6393 EC--S 00' 23" 081 038 OK 113 02/07 15:57 ADA CTY DEUELMT G3--S 88'41" 81'11 838 OK 11 1'12/07 15:58 CHERIE MCCANDLES EC--S 00' 28" 881 038 OK 12 02/07 15:59 CHERRY LANE EC--S 88'27" 0101 038 OK 13 82/07 16:1013 POST OFFICE EC--S 00'34" 0131 038 OK 14 1'12/137 16:81 21'18 888 1983 G3--S 00'29" 801 038 OK 15 102/137 16:82 ID PRESS TRIBUNE EC--S 00'24" 0131 038 OK 16 82/07 16:03 200 888 671'110 EC--S 1313'23" 13131 1338 OK 21 132/07 16: 138 200 388 6924 EC--S 1013'27" 881 038 OK -----------------------------------------------~-------~-------------------------------~---- f UetSe 'Pos-f :fW PU-Mc. flditL-1htitilf:S ! MAYOR Roh.,l D. Conic -, " *-' e:JvG~/di~n~6~' '~\ ~. IDAHO I illitE , U:a.J l.:ECAt. D5PA RTMENT (20~) 2GB-24M. F.. 288.2501 PARKS & RECRE,o,TION (208 888.3579' Fo.x S~8'SSOl PUBLIC WORKS (208) 80B.SSOO -F.x 887.1297 B\J[W)ING DEPARTMENT (208) 8E1-2211 . Fox 887.1297 PLANNING AND ZONING (208) 884-5533 . F.. S8B.GSS4 CITY COUNCIL MEMBERS Tommy dcWccrd Willi.m L. M. N:uy Ch.,i. McC.ndless Keith Bird NOTICE OF PRE--COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the Cily of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian. Idaho, on Tuesday, February 11, 2.003 at 5:30 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: - Discussion with Hefen Sharp regarding Wingate Lane - Discussion of Deferred Camp Plan with Waddell & Reed - Revenue Task Force - Objectives and Members The pUblic is welcome to attend the meeting_ DATED this 711> day of February, 2003. of -;:r-<- .::-...... ."( . .:;J'\\....-..:~.. ~..\\\ 33 EAST IDAHO, MERIDIAN, IDAHO 83642 (208) 868-4433 . FOl( (208) 9874813 . CilY Cle'k Office FOl( (208) 888-421 S . Hum:m Rc,oorces F.~ (206) 884-8723 CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, February 11, 2003 at 5:30 p.m. City Council Chambers 1. RolI~call Attendance: x X Tammy de Weerd Cherie McCandless ?C Mayor Robert Corrie ;( Bill Nary D Keith Bird 2. Adoption of the Agenda: Approve 3. Discussion with Helen Sharp regarding Wingate Lane: Dl Sc uS.s (J (30 minutes) 4. Discussion of Deferred Camp Plan with Waddell & Reed: D\ SC U sseo (30 minutes) 5. Revenue Task Force - Objectives and Members: (15 minutes) 5c-\- SpeCi.c.U M tb' 2-ICl -03 ~ ,1,OOp.n.. * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - February 11, 2003 Page 1 of I 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. MAYOR Robert D. Corrie '!- ~~:: 'l'r'~~~-;, c. ,.,~~iJl~'~ +j( ~. ~(1 i" cMe;idl;~~C; \. '" IDAHO J~ .>. Y 'Y~ .? C''''<h- f .~q,"CE ",H03 LEGAL DEPARTMENT (208) 288-2499 . Fax 288.250J PARKS & RECREATION (208 888-3579 . Fax 898-550 J PUBLIC WORKS (208) 898-5500 .Fax 887.1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy dcWccrd William L. M. Nary Cherie McCandless Keitb 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, February 11, 2003 at 5:30 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: - Discussion with Helen Sharp regarding Wingate Lane - Discussion of Deferred Camp Plan with Waddell & Reed - Revenue Task Force - Objectives and Members The public is welcome to attend the meeting. DATED this ih day of February, 2003. - ~ - 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Oftice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 MAYOR Robert D. Corrie ; .:t.f~:?.l~~:~ A.' ~';",~.,~'..'j! "~I \-"'::"~If' cM'e;idl;~~~ '\ I ~ IDAHO J.~ ;.. y ~V' /' .~ I ~ () '~''l/;I",E ; ,1903 LEGAL DEPARTMENT (108) 188.2499 . F~x 188.2501 PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 'F~x 887-1197 BUILDING DEPARTMENT (208) 887.22 [[ . Fax 887- [297 PLANNING AND ZONING (208) 884-5533 . F~x 888-6854 CITY COUNCIL MEMBERS Tammy deWcerd 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, February 11, 2003 at 5:30 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: - Discussion with Helen Sharp regarding Wingate Lane - Discussion of Deferred Comp Plan with Waddell & Reed - Revenue Task Force - Objectives and Members The public is welcome to attend the meeting. DATED this yth day of February, 2003. \\\1111111111/((1 \\\1 r::: M"~ III ,\" _lOr t::F?//' 111/.- " ,,,\ '\ v/..t <- .;::-' I"'~ ~"''"'o 'V.. ~ .::: v c.o,.(',,-,q"tl':, 'V ~ $ ~ ~ S - - - - - - = = SEAL K & ~ ~ - Qv "Q) 0 ~ -:;.. '0 '.S, 181 ' -.c: $ /~ '1 C .-"'\ "?' .....,.::::- ~ ~~ ~V ~, /,.1, (/"~"" '.--i \ "... .~.~...,.. - ',..\\\\\ 33 EAST IDAHO. MERIDIAN,IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Qftice Fax (208) 888-4218 . Humnn Resources Fax (208) 884-8723 MAYOR Rohert D. Conoie "" ;~ Jr~ .,.""","~' ; (. . riiU,_.~- ,~ /ik-." .'7<.' o~ cMe;;dl;;~J '\ '-. IDAHO / .).. y :S:~ 7 ,1;;\), Q "~ISI"C! : 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax. 288-250 I 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 CITY COUNCIL MEMBERS Tammy dcWccrd William L. Mo 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, February 11,2003 at 5:30 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: - Discussion with Helen Sharp regarding Wingate Lane - Discussion of Deferred Camp Plan with Waddell & Reed - Revenue Task Force - Objectives and Members The public is welcome to attend the meeting. DATED this 7th day of February, 2003. - - - 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888-4433 . Fax (208) 887-48 13 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 February 28, 2003 MERIDIAN CITY COUNCIL MEETING March 4, 2003 APPLICANT ITEM NO. 3..... U REQUEST Approve minutes of February 11, 2003 Pre-Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS vV o.,pro Date: Phone: MaterJals presented at public meetings shall become property of the City of Meridian. ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 11, 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless 0 X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Discussion with Helen Sharp regarding Wingate Lane; Discussed (30 minutes) 4. Discussion of Deferred Comp Plan with Waddell & Reed: Discussed (30 minutes) 5. Revenue Task Force - Objectives and Members; Set Special Meeting for February 19, 2003 at 7;00 P.M. (15 minutes) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - February Il, 2003 Page I of I 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 Meeting February 11. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 5:30 P.M. on Tuesday, February 11,2003, by Mayor Robert Corrie. Members Present: Robert Corrie, Bill Nary, Cherie McCandless and Tammy de Weerd Members Absent: Keith Bird Others Present: Brad Hawkins-Clark, Brad Watson, Kenny Bowers, Janice Smith, Stacy Kilchenmann, Bill Nichols, Gary Smith, Pauline Skeggs, Will Berg and Tara Green Item 1. Roll~call Attendance: x X Tammy de Weerd X Cherie McCandless 0 X Mayor Robert Corrie Bill Nary Keith Bird Corrie: 2003 at 5:30. Please have roll call attendance please. Item 2. Adoption of the Agenda: Corrie: You have the agenda in front of you. Are there any other corrections or changes? [f not I will entertain a motion for the adoption of the agenda. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we adopt the agenda as presented. Nary: Second. Corrie: Motion has been made and second to adopt the agenda as presented. Any further discussion. All those in favor say aye. All ayes motion carried. Item 3. Discussion with Helen Sharp regarding Wingate Lane: Corrie: Next item is discussion with Mr. and Mrs. Sharp regarding Wingate Lane. Mrs. Sharp. Mrs. Sharp: Mayor Corrie, Council members I appreciate your time. We have discussed this many, many times that we'd a[1 like to [eave this situation laid to rest. The reason I am here tonight for those of you who have been involved with Meridian City Pre Council February 11, 2003 Page 2 of 25 th is since we started in 1995. At one of the meetings we discussed the this and the that's that the. developers have to abide by in order to get their subdivision. My question was who enforces the this and the that's? and raise some eyebrows. I'm referring to Mayor and Council September 28, 2000 some of the guidelines that were discussed. Those of us that live on Wingate Lane were under the impression and have been lead to believe that the perimeter on the west side of the Subdivision or on the west side of Wingate Lane that is part of Packard Acres Estates was to be fenced around the perimeter before building permits could be granted. I was given and highlighted the area that says and I quote item number six. Applicant shall be responsible to construct a six-foot high perimeter fence along property boundary parentheses and westerly easement lane and Wingate Lane except where the city has expressed agreed in writing that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. This gives them the avenue to say we don't have to have it fenced. I'm sure that the staff would be more then happy to show me in writing the areas that did not have to be fenced. We do know that there is a boundary dispute on the north side of this property and a couple of weeks ago we were told it was going to be fenced as staff had said they had overlooked that north boundary on the property. To date that boundary settlement has not been settled and the other person involved in that, Ms. Dixie Roberts, is in the hospital recovering form surgery so I doubt if that's going to be granted soon. Going along to item number fifteen on the same memorandum it says and I quote provided detailed fencing and gate plans that also show the proposed location of irrigation clean out structure for approved prior to signature on the final plat. Irrigation plans must be approved by downstream water uses, which isn't - perimeter fencing shall be installed prior to applying for building permits. It does not say anything about necessity or who ever thinks its necessary. Going on to item number 22 on that. All damages to Wingate Lane caused by the developer or contractors are to be repaired immediately. Homeowners along Wingate Lane have reported that damage to the lane presently exists from construction equipment and work on the irrigation system. No building permits will be excepted until the repair work is completed. The developers have agreed that no construction traffic will be allowed to access Wingate Lane. Unfortunately I don't know if some people can't read or they choose not to. That Wingate Lane has not been brought up to what it was prior to the development being started. Here again is a requirement for granted building permits, we have at least five or six houses that are currently being built. There is another on the same memorandum that we received and it is a question of who supercedes here. The city requires that there be and I'm quoting item number 20. The city requires that there be a gate across east Challis Street on east boundary of Wingate Lane and on the west boundary of Wingate Lane this shall allow pedestrian traffic as well as bicycles. For those of you that are not aware of it, we have a public street that is across Wingate Lane and that is east Challis. Does that mean you are going to gate it now? Of course not. So the question is why. If these are stipulations for granting a subdivision, if they are not enforced why bother, why have the agencies that are going to draw up these guidelines if nobody is going to enforce them. You might say with a Meridian City Pre Council February 11, 2003 Page 3 of 25 private lane everybody is aware or most of you should be aware of the private road agreement of 1913 and the big question, what's the bid deal? To us, it's our private lane. It is our driveway. We are the dominant. It so happens the developer is s urbient to usa s t hey a re north 0 f u s. Some people don't even know what that means. But we are dominant because the lane was established for our property we are at the end of that Wingate Lane so to us it is our driveway and we are trying to protect it. But our question is to what help do we get if these are the guidelines and who is going to enforce them? We have talked to the Ada County Highway District and they say it is Meridian. We talk to the people in Meridian and they say its Ada County Highway District. So we are getting the runaround. My question to you members is who is going to enforce this and if you are not going to enforce it why bother? Corrie: Brad lets hear from you and the comments, then we will ask some questions here in reference to - I think you sent a letter to Mr. and Mrs. Sharp in reference to number six, is that correct? Mrs. Sharp: Yes and it was also in reference to also the very hazardous condition that we have out there now that they have crossed that private lane and that was confirmed by the police department here too. Corrie: You understand that private lanes and street crossing. You have to stop for the street. Mrs. Sharp: But we didn't cross the public road. They crossed our private lane. The question was whether 0 r not they were going to acknowledge the private road agreement. I'm sorry. Corrie: Did they not own the land that they put the street across? Mrs. Sharp: The developer does. He owns it. He's responsible. He's given the easement right to the Ada County Highway which also means according to our to agreement he's supposed to help maintain it. That's another complaint we have tonight as I mentioned. That lane has not been brought up to what it was prior to him starting the development. If any of you that would be brave enough to drive down that lane you would know what I was talking about. Not only that but we also have where the city is putting in the sewer that was supposed to be a three week project that started in November and they are still working on it. So that has added to the real problems we have on Wingate Lane. Corrie: Brad. Hawkins-Clark: I guess I would agree with Helen in terms of the conflict between the fencing conditions. One section does say that perimeter fencing shall be installed prior to applying for building permits. Item number six does say that the city if approved in writing it would be approved otherwise. So I think basically ( Meridian City Pre Council February 11 , 2003 Page 4 of 25 what we have here - there is two conditions that kind of differ from each other and I would say that that's probably a problem when we are drafting our staff report. We should've caught that but our feeling was that the perimeter condition had been fulfilled in that the perimeter that Mrs. Sharp's talking about is abutting the south side of Challis Lane, which is owned by the developer. So should we put a fence up at that location even though it's the perimeter of this phase it will serve no purpose upon future development of that piece south of Challis. Mrs. Sharp: But we are not talking about future we are talking about the present. Hawkins-Clark: Right but we do have a condition that says we will fence. I mean the developer did not have to fence in areas where the city agreed in writing that they didn't have to. Mrs. Sharp: May I see the part that you have in writing that they don't have to fence. Hawkins-Clark: We have an approved fencing plan that was submitted to our department. Mrs. Sharp: Here it says in writing. Hawkins-Clark: We have an approved fencing plan that's stamped approved in writing by our staff that says that they can construct it that way. Mrs. Sharp: And then in talking with a staff member who admitted to me that the north perimeter wasn't fenced but he had contacted the developer and it was going to be the next week that was like I say two or three weeks ago. It hasn't been fenced because there still is a boundary dispute and that again brings up another problem. If the developer doesn't get that six feet, those lots which would be lots 22, 23 and 24 would not be correct. They can't be if he is including that six feet that he has now that he doesn't have. The woman that owns that says no - not to mention lot 23 that starts down Wingate Lane. The measurements on that cannot be correct either. Because I'm sure that when the developer felt that that six feet was his and they included that in the measurement of those lots and to date they don't have it and in going back with the fence on the south side of the development, which would be south of Challis. The developer yes does own the five acres, which is the five acres north of us. It hasn't been annexed and he told us that he doesn't know when or what he is going to do with it. So the necessity of fencing that is another matter of opinion I would say. But I was told by staff that the north side should have been fenced and its not. But here again we are disputing boundary. Hawkins-Clark: If I could Mayor just ask for clarification from Mrs. Sharp to point out on the screen which north boundary you are referring to. Here is Dixie Roberts property right here. Here is Wingate Lane that comes up to here is Meridian City Pre Council February 11, 2003 Page 5 of 25 Ustick, Wingate Lane and the Roberts property and Packard. Here is lot 22 right here. Mrs. Sharp: The lots 22 and 23 are against her area. Hawkins-Clark: 22,23,24 and 25. Mrs. Sharp: That are against her property. Hawkins-Clark: That's correct, there are four Jots that abut that property. Mrs. Sharp: And lot 23 is the one that is on the corner there that would be partially going down Wingate Lane. Hawkins-Clark: That would be 22. Mrs. Sharp: I stopped by there tonight and it was 23 but one of the lots we know is partly there on Wingate Lane but the property dispute has not been settled. In fact she had called my husband from the hospital today about that. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Mrs. Sharp, are you here because you tried to work with our code enforcement people and the planning department to address these concerns and the conditional use permit and you are unsatisfied with their response to you? Because all I have is a letter from you and I don't have a written report from the planning department and I'm not sure exactly what you think we are going to do other then give it back to them to tell us in writing what they have done to address your concerns. Mrs. Sharp: I'm here to enforce having the line brought back up to standards by the developer. He said he would. For those of us of course not everybody was involved in this originally. That he would agree to whatever the bodies agreed to do and were saying he said he would bring that lane back up to and its not. And of course when it gets to bad the mail -- the postal won't drive down it because (inaudible) I'm here to ask you to enforce the department to do what they said they had to - the developer had to do. Nary: We always do that. That's always our direction. Is that we enforce these conditions. But what I'm hearing Mr. Hawkins-Clark saying is that they are in compliance with the conditions, you may disagree with the planning department as to whether its in compliance but that's partially what I'm hearing Mr. Hawkins- Clark say. So I'm not sure that we are ever going to reach an agreement. But I don't have any information in which to make a decision on. What I have is a Meridian City Pre Council February 11, 2003 Page 6 of 25 letter from you that doesn't have a lot of information and I assume that is why you are here to tell us m ore information. I don't have anything from the planning department for us to decide whether or not they have taken all the adequate steps. My assumption is they have but I don't have anything to base that on that they have taken all the steps and tried to address your concerns and there is just a point where there is a disagreement. I don't know if that is where we are at. Mrs. Sharp: Well of course - you are saying you have a copy of our letter. If you went back to the files. Nary: I don't have the files. All I have is your letter. I don't have anything else that says what did we do to address your concerns. So maybe that's what we need is something else but if what your saying is that you worked with Mr. Hawkins-Clark and his department and that you believe these conditions haven't been complied with and there are particular examples you can show and they have a person whose job it is, our code enforcement person, Mr. Venneman that can go out there and make a decision on whether a compliance has been done and if it hasn't what do we do about it. Whether we go back to the Planning and Zoning Commission look at revoking this conditional use permit or whether or not it is in compliance or is a substantial compliance and therefore it is just a disagreement and maybe your address is with the developer a nd not t he city. But I don't know any of that alii know is what your letter is but I'm just afraid that your thinking we are going to do something more then give it back to the department whose responsibility it is to enforce these and then have them tell us what they've done about it. Mrs. S harp: I 'm here tom ake you a ware that things aren't being d one. And getting back to Mr. Joe Venneman, I have talked to him. His phone call to me and I repeat, I'm sorry but I haven't got the authority that's not in my job description. In essence is what he told me. Cause I called and said who is responsible for enforcing these (inaudible) and I was told that he did. So I called him. And I'm here to say that the Planning and Zoning or whoever the agency that makes these guidelines. Who are they responsible to make sure that these things are done? For example that the road has been brought up to standard that they did get the fencing and if they didn't. I want to see a letter in black and white as it states here that they don't have to. Nary: It doesn't have to be a letter. It says it has to be in writing. And as Mr. Hawkins-Clark stated if they submit a fencing plan and that is approved by the city that's a writing approving whatever it is they are required to do. They don't need to type up a letter and send it to the developer detailing out a change. They can approve his plans and that's satisfactory. So that's not an issue if they have done that that's fine they can do that. That's not an issue for us. The issue is whether or not it is in substantial compliance with the requirements and as far as I think it is it is Mr. Venneman's job or the Planning and Zoning Department to verify these complaints you have that is out of compliance. They make a Meridian City Pre Council February 11 . 2003 Page 7 of 25 decision and if they believe it is in compliance then you can have a conversation with them at some point it could go to the Planning and Zoning Commission for them to review it and eventually come to us. But we are a little early in the process for it to be here. Mrs. Sharp: Brad just loves - I'd hate to see how many times I walked in on him and had a meeting with him and discussed these things and we see that nothing has been done. As far as we are concerned these issues have not been addressed. We did get the letter or I did get the letter stating that they don't have the perimeter under the - and we didn't feel it was necessary we are going to give the developer the benefit he doesn't have to fence it, he owns that piece of property south of the development however we have been told by the developer that he doesn't know when just because he owns it and it has not been annexed its not included its not part of the present subdivision and like I say its not part of it. So where we do we draw these fine lines and I'd still like to - okay if that's your argument, not surprisingly, when do we get the road put back. Who is going to see to it that the road is put back where it's supposed to be before the development started. Corrie: You mean the lane? Mrs. Sharp: Excuse me the lane. It's also under private road agreements, which is the one that was established in 1913. That comes under private road agreement as - Nary: Every condition in the Conditional Use Permit has to be adhered to by the developer in substantial compliance and it is the Planning and Zoning staff's responsibility to verify that. If you have a complaint which I don't see a written complaint I see what you are saying and I understand what you are saying but I don't have anything to compare it to. What you are asking us is to revoke this conditional use permit and we don't have enough information to do that now. That is a process that has to be gone through, through the Planning and Zoning Department as well as the Planning and Zoning Commission before it comes here for us to do that. And there is always time for the developer to cure it. If it hasn't been done that's what you need to do. Mrs. Sharp: We've been trying that like I say - talk to our neighbors too. If we could tell you how many letters that have been written and we don't even get answers to the letters much less action. Nary: Again I don't have any of your letters. Mrs. Sharp: Of course not if you don't check the files. I mean if you are coming to a meeting it seems to me there would've been a little research a little bit of work done. Meridian City Pre Council February 11 , 2003 Page 8 of 25 Nary: That's not how it works ma'am. Mrs. Sharp: Obviously it isn't, that's why nothing is getting done either. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I see a letter in your hand from the Planning and Zoning Department, so there has been a response. It appears if we give it back to the department -- Does the city have the authority to make those to enforce the repairs on a road and maybe Brad can a nswer that. Can we do it or is that a responsibility of ACHD? Second, and it looks like our staff has made a decision on the fencing and the Sharps don't agree with what that approved plan was that wasn't available during the 0 pen public hearing then they have a n appeal process to that. But I don't know how much of this is really known and the buck as to stop somewhere. They just need an action plan. And this as been going on for those neighbors for over two years and probably longer if its been since 95 -- Mrs. Sharp: This subdivision was started in 1995 and at that time of course Ada County Highway - it was agreed by the developer Ada County Highway District and the City of Meridian that there would be no change to Wingate Lane. It would be fenced from the north boundary of the subdivision down to the south end of the boundary. All of a sudden we have a road that they have crossed Wingate Lane there at Challis they were not going to do that until the properties north of us and ours was developed. That went out the window too they decided we are going to cross and we are going to no matter what and that's exactly what's happened. De Weerd: Now Brad can you tell us is Joe able to enforce the condition to bring Wingate Lane back to the condition it was in prior to construction? Or is this an ACHD thing? You know I guess that that's the basic question on that specific cond ition. Hawkins-Clark: Well if I could just clarify the record on one point that, Mr. Nary it is the plat conditions not conditional use permit conditions just to clarify that. I believe that 0 ur department is able toe nforce conditions that the City C ou ncil approves. My problem in this case is that the condition where is worded in such a way that if damage is caused to Wingate Lane by the contractors or developers it must be repaired immediately. We do not have the evidence. Is it our fault that we didn't take a picture of Wingate Lane before the plat was approved and then take one after work began? Maybe that is something that we can take responsibility for but how do we prove that the contractors - maybe it's a question for Mrs. Sharp if they evidence of the contractors causing the damage. That is the way the condition is worded and I think if we have that evidence then the condition in my opinion gives us the authority to go to the developer and say Meridian City Pre Council February 11, 2003 Page 9 of 25 here is the evidence your contractor has caused damage to this lane we have a condition on this plat that says your building permits must stop until its brought back up to pre development condition. Mrs. Sharp: I had also contacted Mr. Fred Burns ordinance officer and he had come out and he too had contacted the developer stating certain things had to be done and that was on another area of the lane. So and I had brought in pictures earlier of the lane and of course you can go out there now and see the condition of the lane now from and another thing we are right where Ada County Highway District has there flood pond and their little drive in for maintenance. Of course they don't use it because they couldn't get the vehicles in there for maintenance because of the sharp turn that is required there so they park (inaudible) on Challis or they park right on Wingate Lane or until they have been told they have to move their equipment. Ada County Highway District says they don't want to help maintain our agreement and 1913 says that is to be opened and to be maintained. We were also told that the developer owns it he is given the easement rights to Ada County Highway District they have it the easements. In talking with Ada County Engineers they say it's the owner that is responsible so here again it wouldn't be Ada County Highway District it would be the owner of the property. De Weerd: Mr. Mayor. Corrie: Let me ask you a question Helen. Do you have pictures of that lane condition before the developer came in? Mrs. Sharp: Oh I'm sure I do in fact there are probably some in the file. Corrie: Okay and then the pictures that we have today. How does it compare with what you had before and afterwards they put the subdivision in. What kind of damage was done? To me, that is the easiest way to look at it. If it has been damaged by the contractor. Then they should put it back the way it was. Mrs. Sharp: Well like I say - another thing. Corrie: Was it black topped or? Sharp: No it's always been gravel. It's always been gravel. Corrie: Come on up. Mr. Sharp: We've added oil too and when Qwest put some utility line down there and they said they would do this. They would bring it back up and they did. It was absolutely like it should be. They came back and oiled it and they went by Ustick there where they have the pavement there. They came back and did that again and it was absolutely like it should be. But you go out there now and it is Meridian City Pre Council February 11 . 2003 Page 10 of 25 not. And when they put the fence up on the west side of Wingate Lane they threw their metal posts right out on the easement there so people could run over there and I picked them up and put them up by the telephone pole and they have big rocks. There is a big rock out there still out there that I rolled back off the easement up against the fence there and there is other rocks there and they have dips - there is dips where the pond is located and this way towards Challis there is dips in there where it sunk down I think where they put lines in there or something. It's hard to see Mayor Corrie from the pictures in the past you know unless you are a good photographer and everything to see what has actually happened. Some of that ruts is caused by just ordinary travel. We agree to that but we did go in there and have eight loads of road mix in there and Gary Rushman come in with a grater to bring that back up and it has been torn up so many times its hard to keep up with them. Corrie: I believe Mrs. de Weerd had a question. De Weerd: Go ahead. Nary: Who is the responsible party here for Packard Estates. This preliminary plat conditions were to be not adhered to who's responsible to go and fix it? Hawkins-Clark: Packard Estates LLC. Who are represented by Mr. Wurt Edmonds and Craig Groves. Corrie: Have they been approached to take care of this problem? Hawkins-Clark: I do not believe. Mr. Sharp: Excuse me, Fred Burns has been out there and he said yeah you do have a problem. That's as far as we can get. Nary: Have you folks talked with them. Mr. Sharp: Yeah and they say its your responsibility. Because we do have a Wingate Lane Association that we contribute road funds for to keep that up. But when that's out of the ordinary for the contractor, just like it states here, they should be out there repairing it and put it back to shape. In fact one of the questions out there -- they took the top of the irrigation box, not Owest but one of the contactors somebody and rolled it up against the fence there and it stuck out into the easement and then they had one of the big equipment drag line or whatever it is that they swiveled the engine around so it stuck out in the easement and I think it was Mike from Owest, he said I will move that they should not leave that like that. So he moved it. Corrie: How do you get into your property from Ustick, how are you getting in? Meridian City Pre Council February 11, 2003 Page 11 of25 Mrs. Sharp: We go down - Mr. Sharp: That's our easement. Corrie: South, right. Mrs. Sharp: I was going to ask for another picture here. You can see right here is where the lane they have crossed here. That is Challis. The developer also said t hat he would gradually, because it was higher 0 n t he lane, grad ually go down to Challis and then up. With one of the pictures you had there I wouldn't call it a gradual here. At least two feet that is hardly a gradual decline down into Challis a nd you can see it better 0 n t his lower picture. 0 f course we have a tremendous hazard because with the traffic going across there you can't see until you are right there at Challis Road driving down Wingate going down heading north or south. No they just go down - you have a slant here - right down in the sidewalk but in the street and its just scary it is so scary [ tremble just thinking about it. But it was not a gradual as you c an see it's not a gradual d own to Challis Road. It was a two foot drop and about - but anyway we are not getting it done so. De Weerd: Do you want to grab that mike. Corrie: Take the mike with you. Nary: You can take it out of the stand. Corrie: That's good, thank you. Mr. Sharp: On the left hand side there, there was a ditch. That went down there and it was supposed to be covered over because that was part of the easement and when they put that fence up there that was kind of a big dip in there and Mr. Peterson lives in the house back over here. He put a lot of dirt in there to fill it up but it didn't really help all it really did was make a big mess there. What we are saying is just come in there with some gravel and a grater and bring that up along there. And right in here and a little further along where the turn into the pond there is another big dip where it sunk down in there and if you could just please go out and take a look at it. Mrs. Sharp: I mean it's kind of hard even if we took pictures we wouldn't know the depth of the rest. Mr. Sharp: You don't see it by pictures. Corrie: I was out there yesterday but I didn't go on the lane because it said private stay out of it. Meridian City Pre Council Februal)' 11, 2003 Page 12 of 25 Mrs. Sharp: You are the only one that can see. Corrie: But if I had your permission to take a look at it. Mrs. Sharp: You will be authorized to do so (inaudible). Corrie: It says private drive and there are signs up there a nd consequently I wasn't going to go back there. Until we had permission- Mrs. Sharp: Excuse me also trying to find out and I've asked the Ada County Highway District and there has some been dispute about crossing a private easement is there a precedent however you want to pronounce it to say that they've gone across our private lane with their public road, which they weren't going to do either. Oh back to the gates, you said they are supposed to have gates across Challis are we going to get gates for pedestrian? And when they do have gates there is was kind of interesting there it was kind of interesting there was supposed to be pedestrian gates we had to step into the street to use the gate they weren't at the end of the sidewalk. But I am hoping we enforce that and get the gates across Challis. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess at this point to try and get some direction to this is if you can get a picture of Wingate Lane in the condition that you have that you said you have pictures of. Mrs. Sharp: Can you get an aerial photo? I can't. Corrie: Get what? Mrs. Sharp: An aerial photo. How else are you going to see it? De Weerd: Do you need pictures Brad or can you take the residents word that the condition that they need to bring it up to. What's written in our findings is very vague and it did give a sense of security that there road at least more then just the wear and tear will be put back into the condition that it should be and I think that's a reasonable condition. Then on the second issue with the fence we have two contradictory conditions in the finding, either you can have staff approve a plan that doesn't look like it was during the public hearing or you can go with the other condition that says all fencing should be done. That's a second issue that I don't know if - does Council need to make that decision if staff makes that decision and then they have a right to appeal to us if they don't like it. What direction do we want to leave that and the Sharps with so that we can kind of bring some conclusion to this. Meridian City Pre Council February 11, 2003 Page 13 of25 Mrs. Sharp: Another thing too to think about between our lane, which is between Eagle for those that are not aware, is between Eagle Road and Locust Grove from our lane going west to Linder there is anywhere from five to seven private lanes. So these issues need to be settled now so that if some one else because they are going to develop off these lanes going west there needs to be some guidelines that they adhere to. Corrie: Well I think we need to have ACHD involved here too because we evidently we don't own the streets but who has the right of way like on Challis the Wingate Lane or Challis. Where does the stop signs go? That was in the letters that we had here and I'm trying to get some information from them as well. We don't have any authority on the private lane technically the streets belong to Ada County so we can handle the street part of it but we can't go onto the lane so I'm at a disadvantage here and who has right of way and then I can't figure out if they own did they buy the Wingate Lane if they went across it? They evidently owned that. Mrs. Sharp: The developer. We were told that Ada County Highway District does not own they just get the right. Corrie: Right, they have the easement right. So they had it approved to go across. Mrs. Sharp: From the developer. Yes they got the easement right to go across it. Another thing I wanted to ask I don't know if I talked to Brad about this. What kind of guidelines does City of Meridian have for private roads? Then do you abide by Ada County or Boise? Corrie: We are not Boise. We are in Ada County. Mrs. Sharp: Okay then the guideline is kind of interesting for those who are not aware of it. A private lane cannot have a public road on both ends. Corrie: It would take your private lane out. Mrs. Sharp: Ustick Road and then we have Challis so from there it can't be a private lane. Corrie: That would be a legal issue I don't know. Mrs. Sharp: I've been down to the city engineers I don't know how many times talking to them and we read diagrams that show that. So the question is what guidelines does the City of Meridian use? Do they abide by this? The only thing then that would be private would be from Challis down to our property and once they cross Meadowgrass the only part would be from Meadowgrass down to our Meridian City Pre Council February 11, 2003 Page 14 of 25 property. So I think the City of Meridian with all these private lanes might want to stop and think about some of these issues. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I think that's not really an issue for us Mrs. Sharp but I think what we need to do is I don't really think we need to ask Packard Estates L.L.C. people to adhere. It sounds to me that your allegation is that they either work with you and your neighbors 0 n meeting these conditions of t he satisfaction of t he planning and zoning department or we look at whatever the process is necessary in regards to these preliminary plat conditions that are out of compliance and how we get them to get into compliance. Mrs. Sharp: They made the ordinances they should enforce them. We shouldn't have to. Nary: They are not ordinances they are conditions. Mrs. Sharp: Well conditions. Nary: And that's what I'm telling you ma'am I agree with you. I agree with you we are supposed to enforce them. What I'm saying is there seems to be a dispute between what you think is being done and what Mr. Hawkins-Clark thinks being done. So we need the Planning and Zoning department to determine whether or not there is enough to go forward and what the process would be to enforce these conditions on the developer, it is the City's responsibility to do that so you were correct. So that's what needs to be done instead of spending another two years talking about it we need to enforce these preliminary plat conditions by whatever process is necessary to do that and allow the developers an opportunity to be heard as to why they think they are in compliance and if they are not what's our remedy whether its to simply not allow any more building permits on this phase until they are in compliance to the satisfaction of Planning and Zoning the problem I think that you are having is that you and Planning and Zoning don't agree as to how far out of compliance they are and that's not something at least today we can mediate t hat until its heard by Planning and Zoning and the Commission and then it comes here. Mrs. Sharp: Well would Planning and Zoning then contact the developer and say Sharps and the residents on Wingate Lane. It just so happens that we are the vocal ones like I say they have written numerous letters and like one lady said why waste the time and stationary, nobody is even going to answer the questions on a letter that have been presented to Council and to Planning and Zoning. So if are saying okay we don't think you have abided by these wouldn't the Planning and Zoning then have to contact the developer and say hey listen we've got Meridian City Pre Council February 11 , 2003 Page 15 of 25 some complaints here that you haven't done. Okay then - thank you for your time. Corrie: Thank you. Okay Brad we need to do some things here back and forth and lets get it put together and see where we go - Item4. Discussion of Deferred Camp Plan with Waddell & Reed: Corrie: Doug Beehler deferred comp plan. Beehler: Good evening. Basically as we talked earlier I just wanted to make a couple of points on the deferred comp plan and some of the progress that has been made on it and in my letter that I sent to you it pretty much explained that. A couple of things I wanted to make you completely aware of is our plan which has been with the City of Meridian since 1997 has always been in compliance. As our tax laws change our plans are up to date and one of the concerns I know is the administrative responsibilities of - the plan used to be on the shoulders of the City and that has changed with the tax law changes and things and now what Ellen Reed has been making the appropriate reports and things like that as far as 1099 reports for people that have departed from that plan or whatever and that has been done. And also I wanted to make sure I has an opportunity to meet with the employees as far as presenting the Waddell and Reed plan as a option to the employees for deferred camp. So those are the two main issues that I had and answer any questions that you may have about the compliance of the Waddell and Reed plan and because it was a non qualified plan it always takes a back seat in the eyes of the IRS as far as some of the things that get done with it but with the tax law changes our plan has always been in compliance with that and has we update our documents and things like that and I think I gave Janice our latest version of it which was just printed up in January. Basically internally they are always compliant with that. Those are the issue that I wanted Council to be aware of and answer any questions you have about the plan itself. Corrie: Okay I had talked to you a couple times Doug and what the committee is looking at right now. We don't want to be trustees. Beehler: Correct I understand that. Corrie: And I - for obvious reasons that you are well aware of. What we are doing now is investigating where we go and how we do it and if we want to look at independent administrators would that be the best way or each if we have two three or whatever that the administrators that sell the plan do it for us. We don't know yet. So that's what we are looking at right now, we are not making any decisions we haven't made a ny but wed 0 need to investigate a II t hat a nd so that's where we are coming from right now. So Council do you have any questions and what Doug has said? ( Meridian City Pre Council February 11, 2003 Page 16 of 25 Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: It's probably my own ignorance and Doug or Janice can answer this but I guess I was unclear from what action we took in January and then what your letter stated your concerns were and then where we are today. Beehler: I guess where some of the confusion is the city was concerned about not having a compliant plan in p lace. The Waddell and Reed plan as always been in compliance and I guess the other plan you had, the other provider did not have an official document or anything. Ours has been in place and we always update that. So technically when you sign the agreement with the other company you already had a compliant plan in place at that time. So what I feel is I didn't get a chance to do was get a chance to meet with the committee and explain all those issues and all the time thinking you had those documents on file that we sent back in 97 but I also want to - I guess one point is you had a plan in place that you didn't need to rush and sign another one with the other company that was the issue and I know there was some concerns about the other plan as far as they didn't have the proper documentation and those sorts of things but I just wanted you to be aware that we've always had the proper documentation. Nary: Where are we now. Corrie: Janice do we have Waddell Reeds plan in hand? J. Smith: Yes we have the one that we received. We received one in January. Corrie: Of this year? J. Smith: Of this year. Corrie: Okay. Beehler: And that was just an updated version of what you had before. J. Smith: That was the 24th of January we received it. Corrie: We had not had one before that time. J. Smith: We had an old one but a few of our members that had a meeting with our city attorney last week and Phil Peterson which gave us a better understanding of being under compliance but when I'm talking federal compliance I get a little scared because I know you have to deal with the I RS and I did have to file a 945 on one employee and had to do a 1099R because he withdrew his money but it was not for Waddell Reed it was for American Funds. ( Meridian City Pre Council February 11, 2003 Page 17 of 25 Corrie: Okay. Where we are now is, we are still investigating the plans and what administrations and that. Pauline. Skeggs: Council members and Mayor I just wanted to add. At the time that we felt we didn't have a plan in compliance we didn't have a copy of the Waddell Reed plan and we needed to make a decision to move forward in order to be in compliance. That was the answer to your question Councilman Nary. We didn't have that plan document in hand therefore we felt we weren't in compliance. We didn't get that plan document until January and we had already made that decision in December because we wanted to be in compliance. Beehler: Councilman Nary, the actual plan was signed in 97 and at that time the plan documents were here because -- what you do is you sign the documents and they tear them out of the book and you keep the book and I'm not sue what happened to them at that point but we - on those types pf plans the adoption is part of the plan and the book stays here and I don't know what happened to that back in 1997. But the adoption agreement is part of the plan document itself. So I'm not sure - (End of side one 6:20 p.m.) Beehler: -- all this time I thought you were just looking for the updated version. Which had been done and the final print was in January. So I thought all you needed was just the final print I thought you had the original plan since 1997. Skeggs: Councilman Nary and Council members and Mayor. Janice did find the plan document in the original with the signature. So and this one is dated August of 1994. The law changed in 96. So this one wasn't in compliance with the law. When Doug brought in the new one he gave me a copy and it was 97. I had asked him to bring me the copy that was in place when the document was signed and the one he brought in was dated 1997 T but the one in the actual plan was dated August of 940n your plan book. Beehler: Yeah that one that you have is dated 97. Our home office dug up an old copy of that one so that's - they asked me when it was signed and I said 97 so that must be why they did that. They didn't keep a copy of the original one because as they get updated they keep the new one on file, they don't keep the old ones. So evidently they didn't go back far enough Pauline then when they signed that. Okay. Corrie: Okay. Beehler: I brought the one that they sent me. So. Nichols: Mr. Mayor. Meridian City Pre Council February 11 t 2003 Page 18 of 25 Corrie: Mr. Nichols. Nichols: Mr. Mayor and Council, just a couple points. One is although there was a document signed with VALlC for a 457 plan. There have been no deductions from anybody's paychecks to go into the VALlC plan. So we are not faced with having three plans. What we have is the Solomon and Smith Barney 457 accounts if you will the one under the old resolution that set up trustees and the rest of it and we have the Waddell Reed plan. Staff is looking into for your review. What would it cost to have an independent plan administrator? What would the benefits and burdens of that be? Usually with those independent plans there is a cost associated with developing the plan, drawing up the plan document and secondly administering the plan. So there is a cost. It may not be a correct term but I call it a captive plan like the Waddell Reed plan or a VALlC plan, there is no out of pocket costs to the city because the brokerage or insurance company whoever puts together the plan. They make their money off the transactions that occur as people make their investments. So there is no out of pocket costs to the city, however, that will be reviewed with you by staff in a report as to what their recommendation is. The key thing to know is we were worried about being out of compliance but the rule is until you get the letter from the IRS that says you are not in compliance you are in compliance until you get the letter. So staff was working hard to try and fix a problem that needed to be fixed but we didn't have that looming heavy hand that (inaudible) from the service. And so that is w here we are at. Staff is working to review w hat the options are and see what needs to be done, if any. And then to just flavor it a little more I saw a report this week that congress is entertaining some changes in the tax law that would roll the 401 's into 403's and the 457's into one thing so stay tuned. Beehler: The IRS is our friends that are trying to help. Corrie: From the government I'm here to help you. Okay again reiterate that nobody is hurt here and we are not trying to kick you out we are just trying to see what's the best for the city and I think I have an idea a way we'll go but we want to put it together as a package give it to Council, let them look at it and they can make that determination of how they want to do that whether its an independent administrator or if each one individually wants to do it so the costs will be involved here and we will look at that as well. Beehler: And Mr. Nichols is right we have no administrative costs on our end. Corrie: Any other questions? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Pre Council February 11, 2003 Page 19 of 25 De Weerd: I guess so I assume this is going to the benefits committee and that committee will make a recommendation. Corrie: That's correct. De Weerd: Okay. Corrie: Thanks Doug. Beehler: Thank you very much. Item 5. Revenue Task Force - Objectives and Members: Corrie: Next one is revenue task force objectives and members. I think we have a list of members or potential members here of a committee that would be looking into the mill I evy a long with some 0 ther ideas 0 n the 19th 0 f February meeting. I guess we have a couple of them haven't yet - Ron Steller is Blue Cross. Do we have any others that have not been filled? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: With the BeA I never received a name back from them. All these people have been contacted about the 19th, which is how we got all the address information, and so they're interested and ready to go. Corrie: I have one other name that the city believe it or not is my son that wanted to get on this committee because he wanted to see what he could do as far as the neighborhoods around there and how they thought. I would add that name if we didn't have any problems here, which I didn't see any conflict but he would like to be there. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: When we talked about that I thought I had talked with all the Council and the feeling was we want this to be as un biased as possible in perceptions. I don't think -- Gregg definitely has his own thoughts but we really need to be conscientious of having a bias already set going into it. Anyone that would be associated with anyone of us up here would have that bias perception. I don't know what your feelings a re 0 n t hat. I f w e want to have the impression 0 fa clean recommendation coming back from this committee that we just need to be very careful with who we put on there so that the perceptions not there that its Meridian City Pre Council February 11, 2003 Page 20 of 25 already loaded with the end result people think we want to see. Not that we're going into this with any preconceived notions. We just want an unbiased report back but I guess that would be my concern. Corrie: Well knowing him it's not going to be biased for me. De Weerd: I know --. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: What little bit I know of your son Gregg I have a lot of respect for his thoughts and opinions. I guess I would concur though with Council Member de Weerd that part of what we are trying to do because of the difficulty we've had with this particular issue is making sure that the publics perception is that we have tried to bring forth something that none of us up here have tried to drive in any particular way. I would welcome that - I mean this is a committee that is subject to all the public meeting requirements and I would hope that Gregg Corrie would participate actively in this committee in providing input and providing his thoughts and other people that he works with and deals with because I think he would be invaluable. Again I think it's a perception I don't necessarily think it's a reality that there is a concern about some bias I just think its something that we should probably be cautious of but I would really welcome his input to this group because I think he would be a very big help for them. Corrie: I do too. Like I say my influence and him - there is nothing on that. Nary: We all are parents. Corrie: And I don't have any objection to Ryan Riley on there either under the circumstances you have to be careful there too. Is he your campaign manager? De Weerd: Yes. I'm not related to him. Corrie: It's not related but there is still having a pre-concept of what something might look like and I don't want that to fall on your shoulders either. If the Council doesn't have any problem with the Ryan Riley on there I don't see any concept of being involved there anyway. I don't see where Gregg would but if one does then the other will too so whichever the Council. McCandless: If we are concerned about that then I would be concerned about Shawn Wardle because he is on the Parks Commission so - Nary: Well there is two representatives from the Parks Commission, that was the Meridian City Pre Council February 11, 2003 Page 21 of 25 De Weerd: We asked for representatives. McCandless: But it's the same concept. Corrie: Well if you don't have any problem - he said he would like to work on it that's fine with me. It's just up to the Council and if they want to do it that's fine. Perception will always be there no matter who you have on it and its just will they do a good job and of course, you know what my perception is already and what things should be done. I guess I'll ask the question does it make a difference whether Gregg is on there or not? McCandless: My only concern is if we wouldn't allow Gregg to be on it then we shouldn't allow Shaun on it either or even Riley because of their association. Nary: I guess the intent was to have some Parks Commission people participate in the committee whether we have Shaun or Ryan Riley or somebody else from the Parks Commission. The intent was to have somebody from the Parks Commission on it. McCandless: And that is okay I have no objection to that. I just have an objection to if that is the reason for keeping Gregg off then we should look at some of the other names too. Corrie: Do you have any problem with it? De Weerd: I only brought it up because that was the feedback I got from Council so don't kill the messenger. Corrie: I'm just saying do you have a problem with him on there? That's all I'm saying. De Weerd: I don't have a problem because I know he is not influenced by you, but again I would also just lend back to the perception. I know that this is going to be such a temperamental topic that we just need to go over board. If we want to go overboard then and there is an issue with Ryan I think he would happily step off if people thought he had a conflict. Corrie: I don't think you need to step off and I think Gregg can work on it. Who cares? This is a committee for the Council to look at what the public is thinking. This is supposed to be a (inaudible) I mean my State of the City said that's what its going to be. Whose on it doesn't make any difference if they all get together and say this is what is out there the people at this point really don't feel its necessary or they do. We are trying to get the publics - the way I look at it we are trying to get the public to tell us what they think. They will tell us so I really Meridian City Pre Council February 11 , 2003 Page 22 of 25 don't see any problem with him (inaudible) and she doesn't either so if you don't see a problem then lets --. Nary: Let's go for it I think its fine. Lets do that. It's a large group of people they are going to need as much assistance and input as they can get. Corrie: Okay then any other names that anybody would like to add? Nary: I was just going to ask on the Daryll McRoberts is that the right address? Is it Jamaica or is there a Jamaca Street in Meridian or is it Jamaica Street, which is over in Meridian Greens. De Weerd: That's only the spelling that was on the list Anita gave me. Nary: There is a zillion new streets here but I know there is a Jamaica Street over in Meridian Greens so I just want to make sure. De Weerd: I don't know I just copied the information that she gave me. Nary: We just want to make sure we ask somebody and we don't send it to the wrong place but other then that. No these are just fine. Corrie: Okay and if you would like to be at that first meeting it's the 19th of February. I know that Tammy will be there, correct and I will be there? McCandless: Where? Corrie: Here at City Hall and if you would like to come you certainly can and ask any questions I'm sure there are going to be some questions about what there to do and we'll give them there marching orders. Nary: Time? Corrie: At 7:00. Nichols: Mr. Mayor Members of the Council, be careful about having a quorum. Corrie: You are right thank you. Nichols: Two Council Members does not constitute a quorum but three would. Corrie: Am I a member of the Council? Nichols: No. Corrie: So all of those two have got to stay home. Meridian City Pre Council February 11 , 2003 Page 23 of 25 Nary: That's a tough one? De Weerd: Twist your arms. Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Either that or you know I really think its important to show the commitment of this Council and its not an additional problem since this meeting needs to be published or noticed anyway to have a quorum there just as long as we post it and do the appropriate noticing. Corrie: I agree with Tammy and I think it would be nice if we were there, show our support, and tell them what you want them to do. Then they can go out and do their own thing about this but- De Weerd: Not that I didn't want you to have an out but- Nary: So you were showing us the door and now you shut it back in our face. Corrie: S it in for t he City Clerk. We can 0 n t he 19th maybe notice t hat a s a Special Meeting at 7:00 (inaudible). McCandless: So we just lost our option. Corrie: I'm sorry dear. Nary: Yes you lost your option. Corrie: So the 19th of February at seven o'clock we will be here and greet this people and wish them well and go from there. Anything else? Nichols: Mr. Mayor. You can check with the Clerk but if your purpose of your meeting is rather short and if their meeting is going to continue after yours then you can have a joint meeting. Then adjourn yours and you can go home and let them do their work. If that's what you wish to do. Nary: I think that is exactly what we wish to do. Corrie: No influence of the Council just that we are all behind them and we would like to see them give us some answers as best they can by a certain date and this is what we want them to do and folks you have the meeting. That's what we will do thank you. De Weerd: Mr. Mayor. Meridian City Pre Council February 11, 2003 Page 24 of 25 Corrie: Mrs. de Weerd. De Weerd: I guess one last question. Stacy put together a packet of information to present to this committee did anyone have any comments on that. Things that they would like to see added, or is this going to be a good starting point? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I think it was a very good starting point I meant to reply to the email but I think it is a good place to start and at least a good avenue to assist them in at least filling out where they begin -- obviously they are going to want more information. They are going to find ways to gather that and how they are going to do that. I think it's a starting point. McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: Just so - I have no problems whatsoever with our Park Commission people on there. I only brought it up because you wanted an unbiased committee and I would say that they might be a little biased themselves but I have no objection. Corrie: But we can make that understanding that no bias is nothing. They start from the bottom and work their way up and if they get information form the city and people out there will talk believe me I know they will talk to them because my phone has been ringing off the hook and I don't wait till you get here. De Weerd: You know I just think that everyone is going to have a bias. You have your representative from the business community and you have your representative from the development corporation. There is always going to be the potential for someone that has a strong preference. McCandless: I don't have any problem with it. It was just the situation as it was when I brought that up. Corrie: You show me a person that has no bias and I will show you a gravesite. Okay with that being said anything else. De Weerd: Can I quote you? Corrie: I'm not a quoter. Since that is that last of our Pre-Council Agenda and we have about 15 minutes to go to the regular meeting I will entertain a motion to adjourn. Meridian City Pre Council February 11 . 2003 Page 25 of 25 De Weerd: So moved. McCandless: Second. Corrie: Motion has been made and second to adjourn the pre council meeting all those in favor say aye. All ayes. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTESTED: - - ~"Y. ['j E ~ ~ 0' ::. ~-Qo "Q) ;;:- ~ <:> '3.,. 15'1" . ..p $ ?,. ~ b.'" " /,:; A-. .:C\ ~. " ~.Tt. -UU'~M-'..{ \.Y ,,,, ",_ nltl' \\\\ ~iJ1J'H.'f k~Hi\\ \\ February 7, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING February 11 t 2003 APPLICANT ITEM NO. 3 REQUEST Discussion with Helen Sharp regarding Wingate Lane: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS sSed- \) ,seu. Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Brad Hawkins-Clark City of Meridian Planning & Zoning Dept. U. . 660E. Watertower Lane SYlte 202 Meridian, Idaho 83642 We are responding to your letter Of January 17, 2003 regarding Wingate Lane in which you referred to memorandum dated September 28,2000. You highlighted#6. Please peruse #15,20, and 22 as these ha\\9 not been enforced! When will the lane be repaired and perimeter fencing completed? Also the attached information from Ada County explains and defines "private road". Since ACHD has crossed Wingate Lane with a public street the section of Wingate Lane between Ustick and Challis is now part of a system of public streets and requires it be brought up to public standards This would also apply when Meadowgrass crosses Wingate Lane. Sincerely, l 7/ h1 D~.I~~ Dale and Helen Sharp RECEIVED FEB 1 0 2003 City of Meridian City Clerk Office Thurnday, Janua;y 23, 2003 America Onllno: AHSHARP Page: 1 .,- p(/:?I.-! L ~.fiJ--1 -. - ~.__.. .-- ._-- ---------.-.,... ---- _._~. -~, ,.... i /I' .... . <;!;'! r 1 . ~\ ~ ~ ----- ~. ~< '\ '" ~ It. \,() I (!J5u ,,0 .Ai r" )v, ';1.M r".... ~ ;:\ :. ,-,.0,1 f' t" '\ r ,v 1-0 e~I)V t\',O ..1 ,- H'.(,. :".icl"J ; ~., " I ;'. .)'.(/ ~' -----. ----~. 11 (Z. J 1./ -1-iL 1"?.c-vhJ /'.-1 !./ ;;. i : ! ) :'S T"P-/l.:r' r1- J ,.,q p:.//~~:.::.. '6--d..,u. T ?-) 3) 7''''' . n/~. iY11 IV..:;.r1i- 1111 A ..r.J,-l....{.I ~~~,.p D , (-/-_d'yl.:7~ .::1.<::'-<:..15 ~5 (lJ A '[...t;'r :.:V!. Lc; n -r~ Do -<.JoT (-fAv/,. /~%3 <-jC- GTr...,A..A'.i 1~c.A:.S .. 0' .t __. (Vr.:;lLA .:.- ~/)I../!-T 1 1 ...t...----. _==~:= __=J2.'J.~'~L.~~ ~~'~.'~ i==~.':S::ir.4t~=~:..~ -~..:_ ~-_ " / .....----....,-.. + C 1,/ -r'TI ~j&- /I (fL)~ 5- ;9 51'rlA4-1 Ca.t..A 1-1. s /::7:;1-/ J r4:-i2. p #?4'7) JAI"r re..! A A .1 I!' c. 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Provide a ten-foot-wide easement for public utilities, drainage, and irrigation along the southern boW1d.ary of Lot 2, Block 2, and west of 20-foot-wide easement for Wingate Lane along Lots 17-22, Block 2, and Lot la, Block 5. 14. Detailed landscaping plans for aU common areas, including species, size, quantities, and locations, and pathway details must be submitted tor approval to the Planning & Zoning Department prior to City Engineer signing Final Plat. 15. Provide detailed fencing and gate plans that also show the proposed location of irrigation cleanout structures for approval prior to signarure on the final plat. Irrigation plans Q1ust be approved by downstream water users. Perimeter fencing shall be installed prior to applying for building permits. Sanitary sewer and water service to this site will be via extensions of the existing mains instaUed in adjacent developments. Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street 6.ni.sh centerline elevations are set a minirown of three feet aoove the highest established normal groundwater elevation. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. Wingate Lane borders the eastern boundary of this subdivision.. The easement for this private roadway needs to be shown along the backs of Lots 17-22, Block 2, and Lot 10, Block 5. The easement width needs to be increased to 20 feet wide to meet Meridian Fire Department requirements. All headgate/cleanout structures are to located outside of tbe 20-foot-wide easement and be accessible to water users without requiring entrance onto individual building lots or climbing over fences. One of the City's requirements ill the development agreement conflicts with Ada County Highway District's requirements. The applicant 'is not to construct the 20-foot-wide portion of E. Challis Street at the east boundary, and is to deposit money to complete construction of E. Challis Street and remove the gates when (and if) the two five-acre parcels to the south are developed (when Wingate Lane can be'vacated). The City put a condition that a 20-foot-wide gate be constructed at the easement line of Wingate Lane that allows emergency fIre department access only (with appropriate signage). ACHD's condition of approval is to install gates and aUow the passage of pedestrians and bicycles across the uncoostructed portion of E. Challis Street. The homeowners along Wingate Lane have requested that aU access to Wingate Lane be prorubited. Staff requests the City Council to specifically address this issue and instruct staff of preferred direction.. Packard Acres SubdiVIsion No.2 lvtayor JJld COW1cil September 28, 2000 P ag e 4 21. Another requirement of the development agreement is provide a pathway along the South Slough., as it is designated as a pathway in the Meridian Comprehensive Plan. However, Nampa-Meridian Irrigation District will not allow a license agreement for a pathway along live irrigation ditches. Perhaps, instead of designating a pathway, the applicant could pave over the sewer easement along the slough as a '-'sewer access road" to satisfy tbe pathway requirement and avoid problems with Nampa-Meridian Irrigation District. ./' V 22. All damages to Wingate Lane caused by the developer or contractors are to be repaired jfnmediately. Homeowners along Wingate Lane have reported that damage to the lane / present!y exists from construction equipment and work 00 the irrigation system. No building / permits will be accepted until the repair work is complete. The developers have agreed that no , construction traffic will be al.lowed to access Wingate Lane. 23. Staff foresees a problem with buyers of Lots 17-22, Block 2, trying to access Wingate Lane if the easement is part of the platted lots. The developer shall have their attorney draw up a release of dominant parcel interest in the private lane easement and record it prior to signature on the final plat. Also provide a recorded copy of deed restriction to prohibit access to Wingate Lane and forbid gates or removal of permanent fencing on these lots prior to applying for building permits. Fencing shall be set at the western boundary of the 20-foot easement for Wingate Lane. 24. Submit <;:opies of proposed restnctlve covenants and deed restnctlODS for review. This information was required at the preliminary plat stage; application indicates covenants have not been submitted. 25. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. L 0""" J .,f" 1""_ 0 GENERAL REQUIREMENTS i.. ~ ~ "- / j I G/l-J <! eo M (" ~/N W1N1A-re... All irrigation ditches, laterals or canals, exclusive of namral waterways, in rsecting, crossing or lying adjacent and contiguous to the area being subdivided shall be rile'll per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to me Public Works Depamnem. 1. 2. Any existing domestic weUs and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One-hundred-watt, bigh-pressure sodium srreetligbts will be required at locations designated by the Public Works Departmem. All streetlighcs shall be insraUed at subdivider's expense. TypicaJ locations are at street intersections and/or fue hydrancs. \ FP-OO.{) I g PackaJd Acre;; SubdiVISion No, 2 February 7, 2003 Pre-Council Meeting February 11, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. 4 REQUEST Discussion of Deferred Comp Plan with Waddell & Reed: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: <;se...d \J\S~0- Contacted: Date: Phone: MaterJals presented at publlc meeflngs shall become property of the City of Meridian. MAYOR Robert D. Corrie ,e .~ ~ ..~ ';0~t. R-..~''': ~ p /" CITY OF &~I,; L/'VL erldla:n IDAHO LEGAL DEPARTMENT (208) 288-2499. Fal( 288-2501 PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 -Fax 887.1297 BUILDING DEPARTMENT (208) 887-2211' Fal( 887-[297 PLANNING AND ZONING (208) 884-5533 - Fax 888-6854 CITY COUNCIL MEMBERS Tummy deWeerd William L. M. Nary Cherie McCandless Keilh 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, February 11,2003 at 5:30 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: - Discussion with Helen Sharp regarding Wingate Lane - Discussion of Deferred Camp Plan with Waddell & Reed - Revenue Task Force - Objectives and Members The public is welcome to attend the meeting. DATED this 7th day of February, 2003. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Oftice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 ( February 7, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING February 11,2003 APPLICANT ITEM NO. 5 REQUEST Revenue Task Force - Objectives and Members: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Draft Minutes from Jan. 28, 2003 Pre-Council Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( Revenue Enhancement Task Force Members Meridian School District Rep. Christine Donnell 454 E. Tobago Ct. 855-4540 Meridian Development Corporation Rep. Lori Hoalst Jones 1434 N. Meridian Rd. 887-1786 Parks Commission Representatives (2) Ryan Riley 2150 N. Hickory Way 898-0292 / 724-6288 Shaun Wardle 3064 N. Turnberry 887-6817 home Rural Fire District Rich Greene 2580 S. Linder Rd. 895-8050 Association of Real tors Gene Strait 418 E Pine 409-0374/377-8850 Meridian Senior Center Rep. Al John 1483 E. Willowbrook Ct. 288-1019 Meridian Chamber of Commerce Rep Robert Chandler Memorial Monuments 598 W. Franklin Rd 888-2665 Impact Fee Committee David Fulkerson 424-3289 Blue Cross Rep. Rod Stiller 3543 E. Presidential Drive 331-7646 Jim Keller 587 E. Kingsford 888-2551/288-1992 w Brad Gilmore 1157 E. Puffin 855-9337 brad.Gilmore@atomox.net Sheila Bresnaham - Mon. or Tues. only 1785 N. Summerfield 887-4654 Darrel McRoberts 581 E. Jamaca 884-1998 Irma Atkinson P.O. Box 471 1124 N. Lightning Place 884-3739 Fred Helm 1892 E. Summerdawn Dr. 288-2725 Joe Bongiorno 2812 W Gemstone Dr 887-6847 A Guide to Municip31 Governmem lOr City Oflichlls that a statute. ordinance or other legislative act expressly create a subagency so long as there is an enabling provision whic~ allows that subagency to come into existence at some future time. "..- ~~ ? ~ Question No.4: Are advisory committees, boards and commissions subject to the Open Meeting Law? Answer: Section 67-2341 (4) defines "public agency" to include "any subagency of a public agency which is created by or pursuant to statute. ordinance, or other legislative act." and section 67-234] (5) defines ugoverning body" to include any body "with the authority to make decisions for or recom- mendations to a public agency regarding any matter." (Emphasis added.) Thus. advisory committees. boards and commissions are subject to the Open Meeting Law if the body is created by or pursuant to statute: ordinance. or other legislative act and if the body has authority to make recommendations to a public agency. In contrast. an administrative committee, board or commission is not subject to the Open Meeting Law if it is not entrusted with the fonnation of public policy, but merely carries out the public policy established by a governing body, and if its activities do not constitute the making of "decisions for or recommendations to" a public agency, Idaho Water Resources Board v. Kramer. 97 Idaho 535, 548 P.2d 45 (1976). Likewise, the Open Meeting Law does not apply to voluntary, internal staff meetings if the group is not created by or pursuant to statute, ordinance or other legislative act, even though the discussions may lead to recommendations to the governing body. See, People l~ Carlson. 28 IlLApp.3d 569. 328 N.E.2d 675 (1975); Bennett l'. Warden, 333 So.2d 97 (Fla. 1976). "" ~~ Question No.5: Does the Open Meeting Law apply to the Governor, the Legislature or legisla- tive committees? Answer: The Open Meeting Law has no application to the Governor when he is acting in his official executive capacity since the Open Meeting Law does not apply to a public agency headed by a single individual. The Open Meeting Law does apply to the Legislature and its committees since section 67-2346 specifically provides: All meetings of any standing. special or select committee of either house of the legislature of the state of Idaho shall be open to the public at all times. and any person may attend any meeting of a standing, special or select committee. but may participate in the committee only with the approval of the committee itself. Further. with respect to the Legislature. the Idaho Constitution. article 3, section 12. states: "The business of each house, and of the committee of the whole shall be transacted openly and not in secret session." Thus, section 67-2346 carries forward the policy of the Idaho Constitution and applies to legislative committees. However in State v. Thome. et al: Idaho Fourth Judicial District No. 3L-97763, the court held that the penalty provisions of section 67-2347(2) were not applicable to members ofa standing commit- tee of the Idaho Legislature who allegedly held a secret meeting in violation of section 67~2346. Page 56 A Guide to MJ..._IPal GOH'rnnwnt fllr City Oflicillb IDAHO OPEN MEETING LAW THE ACT (Idaho Code ~~ 67-2340 through 67-2347) 67-2340. Formation of public policy at open meetings. The people of the state of Idaho in creating the- instruments of government that serve them. do not yield their sovereignty to the agencies so created. Therefore, the Legislature finds and declares that i~ is the policy of this state that the formation of public policy is public business and shall not be conducted in secret. *- 67-2341. Open public meetings - Definitions. - As used in this act: (I) "Decision" means any determination, action, vote or final disposition upon a motion. proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which a quorum is present, but shall not include those ministerial or administrative actions necessary to carry out a decision previously adopted in a meeting held in compliance with sections 67-2342 through 67-2346, Idaho Code. (2) "Deliberation" means the receipt or exchange of information or opinion relating to a decision, but shall not include informal or impromptu discussions of a general nature which do not specifically relate to a matter then pending before the public agency for decision. (3) "Executive session" means any meeting or part of a meeting of a governing body which is closed to any persons for deliberation on certain matters. (4) "Public agency" means: (a) any state board, commission, department, authority, educational institution or other state agency which is created by or pursuant to statute, other than courts and their agencies and divisions, and the judicial council, and the district magistrates commission; (b) any regional board, commission, department or authority created by or pursuant to statute; (c) any county, city, school district, special district, or other municipal corporation or political subdivision of the state ofIdaho; (d) any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act. (5) "Governing bodf" means the members of any public agency which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public agency regarding any matter. (6) "Meeting" means the convening of a governing body of a public agency to make a decision or to deliberate toward a decision on any matter. (a) "regular meeting" means the convening of a governing body of a public agency on the date fixed by law or rule, to conduct the business of the agency. (b) "special meeting" is a convening of the governing body of a public agency pursuant to a special call for the conduct of business as specified in the call. Page 5 t i A Guide to 1\-1 unicipal GOVl.'rnmCIH for City Officials 67-23"'2. Governing bodies - Requirement for open public meetings. (1) Excep~ as provided below, all meetings of a governing body of a public agency shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this act. No decision at a meeting of a governing body of a public agency shall be made by secret ballot. (2) Deliberations of the board of tax appeals created in chapter 38. title 63. Idaho Code. the public utilities commission and the industrial commission in a fully submitted adjudicatory proceeding in which hearings. if any are required, have been completed, and in which the legal rights. duties or privileges of a party are to be determined are not required by this act to take place in a meeting open to the public. Such deliberations may, however. be made and/or conducted in a public meeting at the discretion of the agency. (3) Meetings of the Idaho life and health insurance guaranty association established under chapter 43. title 4 I. Idaho Code, the Idaho insurance guaranty association established under chapter 36, title 41, Idaho Code and the surplus line association approved by the director of the Idaho depanment of insurance as authorized under chapter 12, title 41, Idaho Code, are not required by this act to take place in a meeting open to the public. (4) A governing body shall not hold a meeting at any place where discrimination on the basis of race, creed, color, sex, age or national origin is practiced. *- 67-2343. Notice of meetings. (1) Regular meetings. No less than a five (5) calendar day meeting notice shall be given unless otherwise provided by statute. Provided however, that any public agency that holds meetings at regular intervals of at least once per calendar month scheduled in advance over the course of the year may satisfy this meeting notice by giving meeting notices at least once each year of its regular meeting schedule. A forty-eight (48) hour agenda notice shall be required in advance of each regular meeting. however, additional agenda items may be added after completion of the agenda up to and including the hour of the meeting, provided that a good faith effort is made to include in the n~tice all agenda items known at the time to be probable items of discussion. The notice requirement for meetings and agendas shall be satisfied by posting such notices and agendas in a prominent place at the principal office of the public agency, or if no such office exists, at the bui]di~g where the meeting is to be held. (2) Special meetings. No special meeting shall be held without at least a twenty-four (24) hour meeting and agenda notice, unless an emergency exists. An emergency is a situation involving injury or damage to persons or property, or immediate financial loss, or the likelihood of such injury, damage or loss, when the notice requirements of this section would make such notice impracticable, or increase the likelihood or severity of such injury, damage or loss, and the reason for the emergency is stated at the outset of the meeting. The notice required under this section shall include at a minimum the meeting date, time, place and name of the public agency calling for the meeting. The secretary or other designee of each public agency shall maintain a list of the news media requesting notification of meetings and shall make a good faith effort to provide advance notification to them of the time and place of each meeting. (3) Executive sessions. If an executive session only will be held, a twenty-four (24) hour meeting and agenda notice shall be given according to the notice provisions stated in subsection; Page 52 J ! ,'" .., ,,,. [ . \.. <C'_, ~ L " ( A Guide HI M..;..II:ipllJ Government for City Officinh (2) of this section and shall state the reason and the specific provision oflaw authorizing the executive session. ~ 67-2344. 'Written minutes of meetings. (I) The governing body of a public agency shall provide for the taking of wrinen minutes of all its meetings. Neither a full transcript nor a recording of the meeting is required. except as otherwise provided by law. All minutes shall be available to the public within a reasonable time after the meeting. and shall include at least the following information: (a) All members of the governing body present; (b) All motions, resolutions. orders. or ordinances proposed and their disposition: (c) The results of all votes, and upon the request of a member, the vote of each member. by name: (2) Minutes of executive sessions may be limited to material the disclosure of which is not inconsistent with the provisions of section 67-2345, Idaho Code, but shall contain sufficient detail to convey the general tenor of the meeting. 67-2345. Executive sessions - When authorized. (1) Nothing contained in this act shall be construed to prevent, upon a two-thirds (2/3) vote recorded in the minutes of the meeting by individual vote, a governing body of a public agency from holding an executive session during any meeting, after the presiding officer has identified the authorization under this act for the holding of such executive session. An executive session may be held: (a) To consider hiring a public officer, employee. staff member or individual agent. This paragraph does not apply to filling a vacancy in an elective office~ (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student: (c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; (d) To consider records that are exempt from disclosure as provided in chapter 3, title 9. Idaho Code: '. . (e) To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations; (f) To consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation; (g) By the commission of pardons and parole. as provided by law. (2) Labor negotiations may be conducted in executive session if either side requests closed meetings. Notwithstanding the provisions of section 67-2343, Idaho Code, subsequent sessions of the negotiations may continue without further public notice. (3) No executive session may be held for the purpose of taking any final action or making any final decision. 67-2346. Open legislative meetings required. All meetings of any standing, special or select comminee of either house of the Legislature of PlIge :53 Meridian City Pre-Council MeetinQ January 28. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, January 28, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Bill Nary, Tammy de Weerd, and Cherie McCandless Members Absent: Keith Bird Others Present: Kenny Bowers, Stacy Kilchenmann, Bill Nichols, Sharon Smith, Reta Cunningham, Mike Worley and Will Berg. Item 1. Roll-call Attendance; x X Tammy de Weerd X Cherie McCandless 0 X Mayor Robert Corrie Bill Nary Keith Bird Item 2. Adoption of the Agenda: Item 3. Presentation of Audit Report by Balukoff & Lindstrom; Item 4. Presentation of Finance Report by Finance Department Item 5. Cash Receipt Policy; Item 6. Discussion of Building Options with Lemley & Associates, Inc.; Item 7. Discussion with Revenue Analysis Task Force: Corrie: Okay I guess discussion of Revenue Analysis Task Force I assume that is the mill levy name or a possibility of name there. De Weerd: I don't know who came up with it at the last meeting but it was coined at that time. Today we just needed to verify the committee, define the scope and a suggested timeframe. I would open it up for comment. I can tell you we have Christine Donnell, Lori Jones, Ryan Riley, Shaun Wardle, Rich Green, and Joe Bongiorno - I like that name. It's just fun to say. Robert Chandler, Blue Cross is going to get back to me in the next day or two with their name. Gene Straight, AI John, David Fulkerson, Jim Keller, Brad Gilmore, Sheila Bresnahan, Darrell McRoberts, Irma Atkinson and Fred Helm. Corrie: Who's AI John? De Weerd: AI John is the representative from the Meridian Senior Center. Corrie: Okay I heard the name but I couldn't place it. ( Meridian City Pre-Council Meeli~g January 28, 2003 Page 2 of 7 McCandless: You were thinking of Dan John from the (inaudible). /j}j~ fllf 4J ~ #" Corrie: Yes that's- (Inaudible discussion amongst Council Members) Corrie: (Inaudible) the toolbox. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess one timeframe we probably need to look at is I know we were not prime to pre-supposing outcome of any sort but I do want to at least leave the task force the ability to go forward with a levy proposal if that's what they decide that they need. I guess I would have to look to Mr. Berg. If we were going to have a levy - if we were going to have a vote on a levy proposal the furthest one - the furthest date this year would be the November election date again I assume. What would be the drop-dead date to have that proposal to be able to put it on the ballet in November? Then we work backwards on whether or not that's - Berg: Mr. Mayor, Members of the Council and Councilman Nary I believe - I'm trying to refresh my memory - 45 days I think is the announcement of an election so what we have to do prior to that - but that's the time that we - I think 45 days prior to the election date. Nary: So I guess time period wise then we would want I mean no less than 60 days before the November election. I don't mean that has to be the cut off date but that would be the latest we would want something so how much further back from that date do we think would be a reasonable amount of time because that's what the committee (inaudible) maybe something totally different but - ***End Of Side Two*** Nary: -- as much as it takes us to kick it around to decide what we're going to do next that's probably not at bad - we've also got budget in July so we really want to - we really probably want to have some closure from this task force by the end of June at the latest. De Weerd: End of June. Nary: Because that would give us the budget time to deal with if there's budgetary issues that we need to consider by whatever this task force comes up with that would give us the flexibility to do that and then give them about four months - De Weerd: Four to five months. Meridian City Pre-Council Meeting January 28, 2003 Page 3 of 7 @ !i:s) AI If/f ~ /Pit Nary: Four to four and a half months probably to get together to come up with something. That's probably enough time and if they need more then I guess they can tell us they need more. They just may lose some dates or they may lose some options this year to do things. That way at [east we have some better idea of what to do but at least that would be at least an initial target I would say is the end of June. Corrie: June 30th is on a Monday. ([naudible discussion amongst Council Members) De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Is there - do you have suggestions on the scope? I mean we do realize that it will be to evaluate the revenue streams, [oak at cost of doing business and kind of the narrowing gap between revenues brought in and on going operational expenses. Do we want to further define that or have them define it? I think we need to provide on parameters. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: [mean I think this yellow and white sheet is a very good jumping off point that Stacy and her staff have provided to give us some idea of what the future could bring. [think that's really what we're asking this task force to do is based on what we think the future might be that may limit our options on doing things. What can we do to either address that without any change or what other changes and proposals they think we can do to not end up with this negative balance so [ guess a potential (inaudib[e) in FY04, which isn't very far away. Those [ think at [east that's a starting point. Yes, I agree with what you're saying it's just [ think we have to give them some idea of what they're doing otherwise they're going to spend a month just defining why they're there and waste a month discussion it. I'm not sure how much more besides these particular information as well as probably having someone from Stacy's staff or Stacy working with this group. Not necessarily, a member of the task force but providing that [evel of input so they have some idea of you know what the framework the city has to live with. What do we currently have in relation to our mill levy projected revenues - where our revenue sources are currently? I don't remember if we had that discussion about having the finance staff working with this group but I think it's pretty critical for them to know where do we get our money from, how do we get it, and where our limitations are currently so they have some idea of where to start. De Weerd: That is how we've kind of set it out that kind of gave them a heads up to staff that they would be a resource to this but it's very imperative that the Meridian City Pre-Council Meeting January 28, 2003 Page 4 of? @fft?~{f:it involvement is just on a resource basis so that they can stay as unbiased as they can just so we caR keep those lines clear. Nary: Right what I don't' think we want and I don't think Stacy would have a concern about this. We don't want Stacy or her folks saying well we can't do that well don't do that (inaudible) we never can do those things. We want to really leave that plate open to these folks to give us whatever recommendations they think. I think the Governors' Task Force at least is somewhat of a model of what we're talking about. They came up with lots of suggestions. Some which weren't very practical but yet it was still allowed to make suggestions I mean you still had to look at the whole picture. They obviously weren't limited by people saying oh well you can't do that anyway so don't even bother making that suggestion. I don't think Stacy would disagree with that we want to just give them the information, let those folks make those recommendations not us and not really try to steer that one way or another or try to sway one avenue or a different one. I think the committee needs to figure those things out. They may want to ask those questions, can we legally do that or is there a means to do that currently and get the answer to that but we don't really want to drive the outcome. We really wan the outcome to be whatever these folks come up with. Corrie: In other wards you're not going to box them in? Nary: Right exactly. De Weerd: Right no just provide them the resources and this indeed, Stacy is a great starting point for them to go with. As well, I know our general (inaudible) departments have really developed their Capital Improvement Plans and so that will help in the evaluation. Stacy, maybe you can pull together a packet of information that we could get to this committee. We could review that, make suggestions on other pieces that we might feel are needed and start working to set a date on getting this Council Budget Committee together to first meet. Maybe we should really target the second week in February to kick it off and then from that date, they can basically set their own schedules and that sort of thing. Let our staff know that they need them there as a resource or not. Kilchenmann: And I think we have the revenue - Gary turned me off. We have the revenue develop manual that we have with the budget and that kind of - that gives narrative on each source so I think that would be useful. I think we almost have everything we would need to give them to get started. De Weerd: We probably want to mail that out in advance of their first meeting too so they have an opportunity to go through it, have questions and that sort of thing. Kilchenmann: Yes I was thinking maybe one meeting with the staff to explain everything and then let them meet on their own and just brainstorm like the Governors' Task Force did. Meridian City Pre-Council Meeling January 28, 2003 Page 5 of ? @fft?~{f:it Corrie: You could possibly have all that the first meeting and then whatever is needed by then as they go - Kilchenmann: Yes I think we already have- Corrie: -- let them have their go and then they can pre-rein and do what they need to get to us (inaudible). Any suggestions on the timing in February 111\ or 4th? Kilchenmann: Maybe the 11th, Corrie: The 11 th okay Tuesday, the 11 th. Kilchenmann: I think we have everything we need. I think we already have it together. Corrie: You want (inaudible). We meet on the 11th. De Weerd: No, the Mayor is asking Stacy if she can have the materials. Corrie: Oh, if she can have that on the 11 th by then for that committee. De Weerd: Do you think it would take that long Stacy? I would like to see them start meeting mid February if they're going to make the end of June they - Kilchenmann: Well if I use the materials I have now I could probably get it together tomorrow. I think we have enough to get them started. Corrie: Okay we'll give it the 4th then. Nary: Just for us to look at and for a comment and then hopefully then can get a meeting set up the week of the 101h. Kilchenmann: I'll put it in your box. I was going to say I would email it but it gets really long so I'll stick it in your boxes to look at. De Weerd: And Will if you could look at the city calendar and see when we have availability at city hall to set a time. Berg: Mr. Mayor just to - you're looking for a recommendation from this committee correct? This is a task force that is from the Mayor and City Council so they'll have to have published their date for their meeting, open it to the public and take minutes themselves so they can respond back just like any other body. Corrie: Do you have the list and their addresses? De Weerd: No, I have their names I don't have their addresses. Meridian City Pre-Council Meeting January 28, 2003 Page 6 of 7 [O){f{j~{f:it Corrie: Okay well we need to get that - put the two together then. If you can give me that entire whole list, I'll have put the names and the addresses together for us. If you can get that to me this week or as quick as possible I'll have Anita take care of that. De Weerd: Okay. Corrie: Anything else. (Inaudible discussion amongst Council Members) Nary: You just said anything else, you didn't say (inaudible). De Weerd: Mr. Mayor. Corrie: Yes. De Weerd: If we have an opportunity to discuss or go into Executive Session we might want to take five minutes and do so under which code here? Nary: 67-2345(f) (inaudible). De Weerd: Yes so I would make a motion that we move and go into Executive Session under State Code 67 -2345(f). Nary: Second. Corrie: Okay motion been made and second to go into Executive Session. Any further discussion. Roll call vote please Mr. Clerk. Roll Call: Nary, aye; de Weerd, aye; McCandless, aye; Bird, absent. Corrie: Okay we should all adjourn to the office across the hall. (Return from Executive Session) De Weerd: Mr. Mayor I move we come out of Executive Session. Nary: Second. Corrie: Okay motion made and second to come out of Executive Session. All those in favor say aye. All ayes motion carried. Let the record show that no basic decisions were made in the Executive Session. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: At this time, I will entertain a motion to close the Pre-Council Meeting and come back at 7:00. Meridian City Pre-Council Meeting January 28, 2003 Page 7 of 7 De Weerd: So moved. /PJffflfiJ IF it McCandless: Second. Corrie: Okay all in favor say aye. All ayes, motion carried at 7:00 we'll be back. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 6:38 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR I / DATE A TTESTE D: WILLIAM G. BERG, JR., CITY CLERK City of Meridian Public Works Dept. RECEIVED MAR 2 1 2003 City of Meridian City Clerk Office Memo To: Robert 0, Corrie, Mayor From: Lenard Grady 10 J. CC: Date: 3/21/2003 Re: Signature on Contract Documents I am enclosing two sets of contract documents and one change order for signature as summarized below: . 2003 Sewer CleaninQ Proiectfor $58,491.00 with C~More Pipe Services, which was approved by City Council on March 4, 2003. . 2003 Touchmark Crossina Water Main Extension for $317,520,60 with Hi Grade Underground Inc., which was approved by City Council on March 4, 2003. . Well 14 PipinQ Modifications for $15,703.00 with Star Construction, which was approved by City Council on February 18, 2003. Please sign the documents and fOlWard them to the City Clerk to attest them and return all original copies of the documents to me by internal mail. Thank you, Len From the desk of.. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suile200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 gradyl@ci.meridian.id.us . Page 1 WORK CHANGE DIRECTIVE No. DATE OF ISSUANCE 3/24/2003 EFFECTIVE DATE 3/24/2003 OWNER: City of Meridian CONTRACTOR :Star Construction Contract: Well 14 Piping Modifications Project: OWNER's Contract No. City Council Approval: 2/18/2003 You are directed to proceed promptly with the following change(s): Description: Install Pressure Reducing Valve and vault at Well 14. Purpose of Work Change Directive: Switch Well 14 to pump to the high zone. Attachments; Quote If 0 WNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defmed in the Contract Documents. Method of determining change in Contract Price: o Unit Prices o Lump Sum not to exceed o Cost of the Work Estimated increase (decrease) in Contract Price: $ 15.703.00 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) in Contract Times: Substantial Completion: NI A days; Ready for final payment: N/A days. ;(MMENDED: 'J ~~a--i . ENG ER By: LatA.&_l 11. C..ha__{ ~~ I EJCDC Standard Form of Agreement Between OWNER and CONTRACTOR On the Basis of a Stipulated Price THIS AG~EMEN: i.s dated as of the /3,t...,. day ofCM?tA...t..L in the year 2003'9' an~ . n. i . '_ ..' between CIty of Mend lan, Ada County, Idaho (hereinafter called OWNER) and tJ...-%iMJL '-/-~ /.J'..&U:L.(~-4-- (7.1). (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows; The project consists of cleaning approximately 200,000 feet of sewer lines, ranging in size from eight (8) inches to twenty-one (21) inches. The cleaning shall be done with a high-velocity hydro-cleaner. Traffic control and removal of debris and deleterious material to an approved disposal site is also included. It is the intent ofthese documents to describe the work required to complete this project in sufficient detail to secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall conform to all Local, State and Federal requirements, Article 2 ENGINEER. The Project "2003 Sewer Cleaning Project" has been designed by City of Meridian who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. 3.1. The Work will be completed within 180 days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shaH pay OWNER one hundred fifty dollars ($150) for each calendar day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. Article 4 CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds in accordance with unit prices bid; see Exhibit A to this Agreement. Article 5 PA YMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment in accordance with ARnCLE 14 of the General Conditions. ENGINEER will process applications for Payment as provided in the General Conditions. 5. t Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during construction, as provided below, for Applications submitted to the Engineer prior to or on the 25th day of the previous month. All progress payments will be on the basis of the progress of the work measured by the schedule ofva!ues 2003 Sewer Cleaning Page 1 of6 4:43 PM established in Article 4 and in the case of Unit Price Work, based on the number of units completed. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 100 % of work completed (less 5% retainage). 100 % of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 100% of the Contract Price, less such amounts, as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 ofthe General Conditions, OWNER shall pay the remainder ofthe Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6 INTEREST. All moneys not paid when due as provided in ARTICLE 14 ofthe General Conditioos shall bear interest at the maximum rate allowed by law at the place of Project. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in ARTICLE 4 of the Supplemental Conditions of the extent ofllie technical data contained in such drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the Contract Time and in accordance with the other terms and conditions ofthe Contract Documents, including specifically the provisions of paragraph 4.2 ofthe General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance 2003 Sewer Cleaning Page 2 of6 4:43 PM with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions ofthe Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that the Contractor has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State of Idaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Technical Specifications. 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 8.13 Information for Bidders, 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to ARTICLE 11 and ARTICLE 12 of the General Conditions. 8.18 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 2003 Sewer Cleaning Page 3 of6 4:43 PM There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in ARTICLE 11 and ARTICLE 12 of the General Conditions. Article 9 MISCELLANEOUS. 9.1 Terms used in this Agreement, which are defined in ARTICLE 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents, Article 10 OTHER PROVISIONS. None 2003 Sewer Cleaning Page 4 of6 4:43 PM IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER. CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on own~ MERIDIAN . By: ';;5t D. ~-<- William G. Berg, Jr. City Clerk Address for giving notices 33 EastIdaho Ave. Meridian, ID 83642 Public Works License No. a - I :;J.. , 2001- Contractor (1- %~ Y'+ ,~..L~ (!;. By: ~ z: ~ (") Name: ~ ../;;;, )tI:t~ \PF~ a., - _''1'1. \ ~~"'( e~"'.:')IilI;;. ~ .~......" ~ 'JQ.o ':-Go(' to..:'".;:; ~." ., 00.., 't..,-r. o lcOFWOFiAl<\ '\;~ :? : '": ~ v' i 9 ~~~ : () 0" -Q , [CORPORATE SEAL} \ Bi~'~' T !.O \ .w.l"Ll! l s;..~;~ Attest -F~cnz, 91z~&f-- ~~~ Address for giving notices ?as-o ~ ~, ~l a/i. 9137/ /~Oo7-l>.-"'-I"- C-r:() . If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing 2003 Sewer Cleaning Page 5 of6 4:43 PM Exhibit A C-More Pipe Item Description Estimated Units Unit Price Total Bid Quantity Price 1 Clean 8-lnch Sewer Pipe 183,000 LF 0.29 53,070.00 2 Clean 10-lnch Sewer Pipe 5,400 LF 0.29 1,566.00 3 Clean 12-lnch Sewer Pipe 2,400 LF 0.29 696.00 4 Clean 15-lnch Sewer Pipe 1,600 LF 0.39 624.00 5 Clean 18~lnch Sewer Pipe 4,000 LF 0.39 1,560,00 6 Clean 21-lnch Sewer Pioe 2,500 LF 0.39 975.00 Total 58,491.00 2003 Sewer Cleaning Page 60f6 4:43 PM EJCDC Standard Form of Agreement Between OWNER and CONTRACTOR On the Basis of a Stipulated Price THIS AGREEMENT is dated as of the /0 rt... day of /-11f-e-t.... in the year 2003 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hi-Grade Underground Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: The project generally consists of installation of approximately 3500 feet of 16-inch watermain, approximately 1000 of 12-inch watermain, and approximately 250 feet of 30 inch bored casing under Interstate 1~84. It is the intent of these documents to describe the work required to complete this project in sufficient detail to secure comparable bids, All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall conform to all Local, State and Federal requirements. Article 2 ENGINEER. The The City of Meridian 2003 Touchmark Crossing Water Main Extension Project has been designed by City of Meridian who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. 3.1. The Work will be completed within sixy (60) days (each well) from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER seventy file dollars ($75,00) per calendar day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete, After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. Article 4 CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds in accordance with unit prices bid; see Exhibit A to this Agreement. Article 5 PAYMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment in accordance with ARTICLE 14 of the General Conditions. ENGINEER will process applications for Payment as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during construction, as provided below, for Applications submitted to the ENGINEER prior to or on the 25th day of the previous month. All progress payments will be on the basis of the progress of the work measured by the schedule of values 2003 Touchrnark Crossing Page 1 of6 3/612003 established in Article 4 and in the case of Unit Price Work, based on the number of units completed. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 100 % of work completed (less 5% retainage). 100 % of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5,1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 100% ofthe Contract Price, less such amounts, as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13, Article 6 INTEREST. All moneys not paid when due as provided in ARTICLE 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of Project. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7. I CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in ARTICLE 6 of the Supplemental Conditions of the extent of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, witbin the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar infonnation or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance 2003 Touchmark Crossing Page 2 of6 3/6/2003 with the other terms and conditions ofthe Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that the CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State of Idaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Technical Specifications. 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 8.13 Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of A ward. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifYing, or supplementing the Contract Documents pursuant to ARTICLE II and ARTICLE 12 ofthe General Conditions. 8.18 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 2003 Touchmark Crossing Page 3 of6 3/6/2003 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in ARTICLE II and ARTICLE 12 of the General Conditions, Article 9 MISCELLANEOUS. 9.1 Terms used in this Agreement, which are defined in ARTICLE 1, of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect ofall covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None 2003 Touchmark Crossing Page 4 of6 3/6/2003 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER. CONTRACTOR and ENGINEER. All portions of the Contract Documents haye been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ~-jO ,2003. Own~Y~J ' By: A ~ ;.--- UIC(<1~ YdU4/,(} :r:c.c. By: n Name: Robert D. Corrie, Mavor \\\\UIlIIIlIJ/. Approved 1?ty.}i~~j~j ~/4'b~003 .;:." ~~ 'OLe, ,....-/ ~..\. ..,OOl:1A -VI. ~ ~ U. cPP' ''''Ih '1' 'l ~ ~ ~o ~ ~ ~ ~ [CO~O ~ Name: t..... f7'LtJ5$ [CORPORATE SEAL] ... - .. - - A~41! ~.. William G. Berg, Jr. City Clerk 33 East Idaho Ave. Address for giving notices Sz-( e. 3(f:oJ Sf. ~ c tN' "'" I .tD. 836 C'.f "l... Address for giving notices Meridian, ill 83642 Public Works License No. / Lf (~1 -1/ - " . If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing 2003 Touchmark Crossing Page 5 of6 3/6/2003 Exhibit A Hi Grade Item No. Description Qty. Unit Unit Bid Bid Item Price Total 07.4.1.C.1,a Remove Cross 1 EA 340.00 340.0 07.4.1.D.1.b Remove Valve 3 EA 170.00 510.00 07.4.1.F.1 Type P Surface Repair 90 LF 20.00 1,800.0 08.4.1 Ai Steel Casing Pipe Boring & Jacking, 30" Dia. 231 LF 189.40 43,751.4 01.4.1A1.a Water Main Pipe - 16" - PVC, AWWA C905 3700 LF 28.25 104,525,00 01.4,1.A.1.b Water Main Pipe - 12" - PVC, AWWA C900 1225 LF 22.35 27,378.75 01.4.1.B.1.a Water Main Fitting, 16" Cross 1 EA 2,031,35 2,031.35 01.4.1.B.1.b Water Main Fitting, 16",45 Bend 12 EA 577.21 6,926.52 01.4.1.B.1.c Water Main Fitting, 16"x 12"Reducer 5 EA 1,079.62 5,398.1 01.4.1.B.1.d Water Main Fitting, 12" Bend 5 EA 292.70 1,463.50 01.4.1.8,1.e Water Main Fitting, 12" x 4" Tee 2 EA 325.80 651.60 01.4,1.B.1.f Water Main Fitting, 16" Tee 1 EA 2,075.50 2,075.50 01.4.1.B.1.g Water Main Fitting, 16" Bend 1 EA 571.30 571.30 01.4.1.B.1.h Water Main Fitting, 16" x 22-1/2 Bend 4 EA 538.86 2,155.44 01.4.1.B.1,i Water Main Fitting, 16" x 12" Tee 1 EA 2,251.50 2,251.50 01.4.1.B.1.j Water Main Fitting, 12" Plug 1 EA 75.40 75.4 01.4.1.B.1.k Water Main Fitting, 12" 45 Bend 2 EA 255.00 510.00 02.4.1.A.1.a Valve - 16" - Gate Valve 3 EA 4,042.70 12,128.10 02.4.1.A.1.b Valve - 12" - Gate Valve 3 EA 1,125.00 3,375.00 02.4.1A1.d Valve - 4" Blow Off Assembly 2 EA 1,166.50 2,333.0 1103.4.1.8.1 Traffic Control Signs 130 SF 6.35 825.50 1103.4.1.0.1 Traffic Control Drums 160 EA 8.90 1,424.00 1103.4.1.H.1 Traffic Control Flaggers 60 MH 19.40 1,164,0 010.4.1A1 Mobilization 1 LS 5,025.00 5,025.00 P-1 Concrete Backfill 90 LF 37.40 3,366.00 P-2 Seeding 28730 LF 0.50 14,365.0 P-3 Temporary Sign Support 2 EA 270.00 540.00 P-4 Install Valve 3 EA 560.52 1,681.56 P-S Remove and Replace Under Drain 1 LS 356.40 356.40 P-6 Lawn Sod Restoration 1700 SY 5,25 8,925.00 P-7 Temporary Concrete Barriers 3500 LF 11.60 40,600.0 P-8 Temporary Impact Attenuator 1 EA 3,980.00 3,980.00 P-9 Remove and Replant Tree 1 EA 250.00 250.0 P.10 Restore Paved Pathway 12 SY 12.95 155.40 P-11 Remove and Reset Fence 50 LF 10,00 500,00 P-12 Irrigation Crossing 28 LF 356.00 9,968.00 P-13 Re-Grade Seon, Remove Trees, Repair IRR 1 LS 820.00 820.00 P-14 Construction Staking 1 LS 3,323.28 3,323.28 317,520.60 2003 Touchrnark Crossing Page 60f6 3/6/2003