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Home My WebLink About2003-02-04 ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 4, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X. Tammy de Weerd )( Bill Nary =:z= Cherie McCandless I Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: 6'1I'O~ 3. Consent Agenda: A. Approve minutes of December 10, 2002 Pre-Council Meeting: 6fP/lYOV-:e... B. 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: -la-Ue.~? 2-lt-t?3 C. 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: '"'/?&OU ~f"/} 2--((-tJ'3 D. 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 6 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: 17tIJ/..(. ~ L Z---II--179 ",E Findings of Fact and Conclusions of Law for Approval: RZ 02- 008 Request for a Rezone of 1.99 acres from R-15 to R-40 zones for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5th Street: ~V'.c......- Meridian City Council Agenda - February 4, 2003 Page 1 on All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ,/E !) - G. S - H. /1. /J. l<. Findings of Fact and Conclusions of Law for Approval: CU P 02-040 Request for a Conditional Use Permit for apartment units on 1.99 acres in a proposed R-40 zone for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5th Street: ap;:rrov~ Summary of Action: MI 01-001 Request for a Street Name Cham:le from East First Street to Main Street from Cherry Lane I Fairview Avenue south to East Central Drive or Overland Road: dj?prvV'<" ..-,~ Rch~S- Resolution No. 03-398: MI 01-001 Request for a Street Name Chanae from East First Street to Main Street from Cherry Lane I Fairview Avenue south to East Central Drive or Overland Road: ~vtL - ~ J:.e.vfr~ S- Approve Beer and Liquor License Applications (Pro-rated one- half year) for Johnnv Carino's Country Italian Restaurant by Carino's Italian Kitchen, Inc. - 3551 East Fairview Avenue: tz-t'f/rol/l<- Approve Beer License Application (Pro-rated one-half year) for Baia Fresh Mexican Grill by Gotta Be Fresh, Inc. - 1440 North Eagle Road: ~t)ve.. Approve Bills: apprl?~ 4. Department Reports - /'iA' h-e- 5. (Items Moved from Consent Agenda) 61 ;-/ 9. Ordinance No. tJ3 -/ t/tJ..f- Amending Ordinance No. 01- 928 Pertaining to Flood Damage Prevention Amending Section 10-6- 38 General Provisions, Establishing Areas of Special Flood Hazard and Amending the Designated Reference Document: o/~.e- .7. 8. ,.g. Ordinance No. tJ.3.- / C? CJ ~ Tower: ~v..e... Wireless Communications - Ordinance No. : Amendment to Meridian City Code 11-2-2, Definitions of the Zonina Regula~ions: h~ k g-/(-!J3 Tablf?d from January 28, 2003: FP 03-001 Request for Final Plat approval of 5 building lots on 6.85 acres in L-O and C-G zones for Mallane Subdivision by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Ct-pp719V1e- Meridian City Council Agenda - February 4, 2003 Page 2 of3 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. 12.. - 1,0. FP 03~002 Request for Final Plat approval of 6 building lots on 13.77 acres in a' C-C zone for Silverstone Subdivision No.3 by Sundance Company -- southeast corner of East Overland Road and South Eagle Road: ~V-"-' Public Hearing: V AR 03-002 Request for a Variance to allow a one year Time Extension for filing the final plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: ctrn--f1h~ ;:>IIL fo 2-/&-03 11. ~ScM.r.r/O..)- of /j-dlvu),JJ-IYa..-h;;e-lot djJ-f/c Onflk~c.z, " ct Xo,.fU pC /3-. '~i:r Ut S r.. ~ 01- &pe"" ViP/:;-;...., r.e.-...c,' Yi-.J "" d/::r-CiA.. s- orALe:{. Meridian City Council Agenda - February 4, 2003 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accollUllodation 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 21, 2003 MERIDIAN CITY COUNCIL MEETING February 25,2003 APPLICANT ITEM NO. 3-A REQUEST Approve minutes of February 4, 2003 City Council Regular Minutes 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: Contacted: ~/ (lfr~ 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 4, 2003 at 7:00 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. Consent Agenda: A. Approve minutes of December 10, 2002 Pre-Council Meeting: Approve B. 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 Crossing Subdivision by CMD, Inc. - 4450 North Linder Road: Table until February 11, 2003 C. 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 Crossing Subdivision by CMD, Inc. - 4450 North Linder Road: Table until February 11, 2003 D. 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 g single-family attached homes and 1 single-family existing home on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossing Subdivision by CMD, Inc. - 4450 North Linder Road: Table until February 11, 2003 E. Findings of Fact and Conclusions of Law for Approval: RZ 02w 008 Request for a Rezone of 1.99 acres from R-15 to R-40 zones for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5th Street: Approve Meridian City Council Agenda - February 4, 2003 Page 1 of 3 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. F. Findings of Fact and Conclusions of Law for Approval: CUP 02-040 Request for a Conditional Use Permit for apartment units on 1 .99 acres in a proposed R-40 zone for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5th Street: Approve 5-G. Summary of Action: MI 01-001 Request for a Street Name ChanQe from East First Street to Main Street from Cherry Lane / Fairview Avenue south to East Central Drive or Overland Road: Approve - Delete Section 5 5-H. Resolution No. 03-398: MI 01-001 Request for a Street Name ChanQe from East First Street to Main Street from Cherry Lane / Fairview Avenue south to East Central Drive or Overland Road: Approve - Delete Section 5 I. Approve Beer and Liquor License Applications (Pro-rated one- half year) for Johnny Carino's Country Italian Restaurant by Carino's Italian Kitchen, Inc. - 3551 East Fairview Avenue: Approve J. Approve Beer License Application (Pro-rated one-half year) for Baja Fresh Mexican Grill by Gotta Be Fresh, Inc. - 1440 North Eagle Road: Approve K. Approve Bills: Appove 4. Department Reports -- None 5. (Items Moved from Consent Agenda) G, H 6. Ordinance No. 03-1004 : Amending Ordinance No. 01- 928 Pertaining to Flood Damage Prevention Amending Section 10-6- 3B General Provisions, Establishing Areas of Special Flood Hazard and Amending the Designated Reference Document: Approve 7. Ordinance No. 03-1005 Tower: Approve Wireless Communications 8. Ordinance No. : Amendment to Meridian City Code 11-2-2, Definitions of the ZoninQ Regulations: Table to February 11, 2003 Meridian City Council Agenda - February 4, 2003 Page 2 of 3 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. 9. Tabled from January 28, 2003: FP 03-001 Request for Final Plat approval of 5 building lots on 6.85 acres in L-O and C-G zones for Mallane Subdivision by The Land Group, Inc. - north of East FaiNiew Avenue and west of North Eagle Road: Approve 10. FP 03-002 Request for Final Plat approval of 6 building lots on 13.77 acres in a C-C zone for Silverstone Subdivision No.3 by Sundance Company -- southeast corner of East Overland Road and South Eagle Road: Approve 11. Public Hearing: V AR 03-002 Request for a Variance to allow a one year Time Extension for filing the final plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: Continue Public Hearing to February 18, 2003 12. Discussion of Administrative Lot Split Ordinance: Discussed 13. Discussion of Open Vision Fencing: Discussed Meridian City Council Agenda - February 4, 2003 Page 3 of 3 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 conlactthe City Clerk's Office a1888-4433 at least 48 hours prior to the public meeting. Meridian City Council MeetinQ Februarv 4, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:07 P.M., on Tuesday, February 4, 2003, by Mayor Robert Corrie. Members Present: Robert Corrie, 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, Wendy Kirkpatrick, 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'm going to open the Meridian City Council Regular Meeting on Tuesday, February 4, 2003, at 7:07 P.M. At this time, I'd like to have the City Clerk give us the roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Before we go any further, I would like to welcome the Boy Scouts here tonight, Troop 5 and Troop 198, and hope that we will give you some good civic lessons tonight, how the City Council is run. I promise you we will not fight, bite, or hit one another. We haven't done it yet. I do want to welcome you here and we wish you great success in your scouting career. Thank you. Item Number 2 on our agenda is the adoption of the agenda. Any corrections or additions that the Council -- De Weerd: I have none. Corrie: Okay hearing none at this point, J will entertain a motion for the adoption of the agenda as written. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the agenda as presented. Nary: Second. Meridian City Council Meeting February 4, 2003 Page 2 of 30 Corrie: Okay motion has been made and seconded to adopt the agenda as presented any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of December 10,2002 Pre-Council Meeting: B. 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 Crossing Subdivision by CMD, Inc. - 4450 North Linder Road: C. 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 Crossing Subdivision by CMD, Inc. - 4450 North' Linder Road: D. 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 single-family attached homes and 1 single-family existing home on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossing Subdivision by CMD, Inc. - 4450 North Linder Road: E. Findings of Fact and Conclusions of Law for Approval: RZ 02- 008 Request for a Rezone of 1.99 acres from R-15 to R-40 zones for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5th Street: F. Findings of Fact and Conclusions of Law for Approval: CUP 02-040 Request for a Conditional Use Permit for apartment units on 1.99 acres in a proposed R-40 zone for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5th Street: I. Approve Beer and Liquor License Applications (Pro-rated one- half year) for Johnnv Carino's Country Italian Restaurant by Carino's Italian Kitchen, Inc. - 3551 East Fairview Avenue: J. Approve Beer License Application (Pro-rated one-half year) for Baja Fresh Mexican Grill by Gotta Be Fresh, Inc. - 1440 North Eagle Road: Meridian City Council Meeting February 4, 2003 Page 3 of 30 K. Approve Bills: Corrie: Next is the Consent Agenda and is there any additions or corrections or changes in the Consent Agenda? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: If I could ask to have Items G, H moved to 5-G, and H. I just had a couple of questions about them if we could do that, but, other than that, I would move that we accept the Consent Agenda. Hawkins-Clark: Excuse me, Mr. Mayor. Sorry, I did not get a chance to put that in, but we do have some concerns with 3-B, C, and 0 and I'd like that moved to next week's meeting. Corrie: B, C, and D? Hawkins-Clark: Yes B, C, and D. Corrie: So you want those moved until the February the 11th meeting? Hawkins-Clark: Yes. Corrie: Any other corrections, staff? Council? Okay with those changes for B, C, and o to be moved to the -- to February 11,2003 Meeting, G, and H will be moved to Item Number 5. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move that we approve the Consent Agenda as Items 3-A, E, F, I, J, and K as presented and for the Mayor to sign and the Clerk to attest where necessary on any of the proper papers. McCandless: 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: Vote in the affirmative. Meridian City Council Meeling February 4, 2003 Page 4 of 3D MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports Corrie: Department Reports. Any Department Reports tonight? Item 5. (Items Moved from Consent Agenda) G. Summary of Action: MI 01 ~001 Request for a Street Name ChanQe from East First Street to Main Street from Cherry Lane I Fairview Avenue south to East Central Drive or Overland Road: H. Resolution No. 03~398: MI 01-001 Request for a Street Name ChanQe from East First Street to Main Street from Cherry Lane I Fairview Avenue south to East Central Drive or Overland Road: Corrie: Okay hearing none, Item Number 5, items moved from the Consent Agenda Items G and H. We will take G first Mr. Nary, questions? Nary: Mr. Mayor, I guess my only question was, since I knew we had done this quite awhile back, I didn't see a memo. Maybe I just missed something, as to why we are doing this now, and, secondarily, because the resolution indicates that we would maintain dual signage for a year. I just wanted to be clear in this resolution is it a year from now or a year from when we did it, which we did it about a year ago and I didn't know if Mr. Nichols had an answer to that or someone else. Corrie: Mr. Nichols? Nichols: Mr. Mayor, Members of the Council, it's my recollection that we prepared these documents quite some time ago and for whatever reason we didn't shepherd them well enough to get them on the agenda for your approval. Then, the Clerk's Office began getting calls from either the assessor or somebody at the county wanting something that could be recorded to reflect what had been done and so that's why they are on there now correct, Mr. Clerk? I think that's -- Corrie: The record shows he's shaking his head yes. Okay. Thank you. Nary: Mr. Mayor, I guess, then, the only other question I have -- and, again, I don't know who is the right person to ask, on the issue of about a year -- my recollection from Planning and Zoning was that the postmaster had indicated that they would continue to deliver mail for a year from when we did it, from when we changed the name, and it's been changed for quite awhile. It has the double street signs that have been up for eight or nine, 10 months, I don't know -- quite awhile, as well. I guess I just wanted, for clarity's sake, if we are going to pass this, do we need to -- should we put in a date as to when this ends at the end of 2003, so that they don't have to make -- it would be up forever or -- I don't know who is going to take them down anyway. Does anybody have Meridian City Council Meeting February 4, 2003 Page 5 of 30 any -- is ACHD going to take those signs down at some point? Does anybody know that? - Hawkins-Clark: Mr. Mayor, Councilman Nary, I believe that Mr. Nichols was correct in that it mainly was an error in just getting the resolution passed. We just never got the documentation in front of you to formally approve and so I don't believe that the Highway District, who put the signs up, is even aware that we are moving on this action tonight. For them it's still based on the original date of approval by the City Council. I guess my -- I did not speak with anyone at the Highway District regarding the timing of the signs, but I would think that the original one-year would -- would be safe. I would not see a need to add from today's date one-year. Nary: Right. It probably doesn't make any difference. I guess what I would propose, if the Council is of a mind, is that on the resolution we simply delete Section 5 -- I mean the signs are already there. I don't think we are going to take them down. If someone else takes them, I don't want someone to say they are violating something. They don't- - they can be up for as much -- for as long as somebody leaves them there. If we delete Section 5, probably nobody is going to have a concern about it and the postmaster will continue to deliver mail until he doesn't want to anymore and I think that would probably be adequate. If that's all right with everybody, I guess I would move the approval of Item G, MI-01-001, a request for a street name change summary from East First Street to Main Street from Cherry Lane, Fairview Avenue, south to East Central or Overland, to -- and with the amendment to include the deletion -- this is the summary -- to delete Section 5 requiring the double street signs. De Weerd: Second. Corrie: Okay. Okay. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. Affirmative vote. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Item Number 6, then. Nary: Oh. I still have -- Corrie: Oh, you have got G. I'm sorry. H. Nary: Thank you. Mr. Mayor, I'd move the approval of Item H, Resolution Number 03- 398, looks like it's MI 01-001, resolution request for street name change from East First Street to Main Street from Cherry Lane/Fairview Avenue south to East Central Drive or Overland Road, with the amendment to include deletion of Section 5 of the resolution regarding the double street signs. Meridian City Council Meeting February 4, 2003 Page 6 of 30 McCandless: Second. Corrie: Okay. 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: Okay. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Ordinance No. : Amending Ordinance No. 01- 928 Pertaining to Flood Damage Prevention Amending Section 10-6- 38 General Provisions, Establishing Areas of Special Flood Hazard and Amending the Designated Reference Document: Corrie: That does get us down now to Item Number 6, which is Ordinance Number 03- 1004. This is amending Ordinance Number 01-928, pertaining to Flood Damage. Prevention Amending Section 10-6-3B, General Provisions, and Establishing Areas of Special Flood Hazard and Amending the Designated Reference Document. At this time I would like to have, the City Clerk read Ordinance Number 03-1004 by title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1004, an Ordinance of the City of Meridian, Idaho, amending Ordinance Number 01-928 Pertaining to the Flood Damage Prevention Amending Section 10-6-3B, General Provisions, Basis for Estimating Areas of the Special Flood Hazard and Amending the Designated Reference Documents and providing an effective date. Corrie: Okay. You have heard the reading of Ordinance Number 03-1004 by title only. Is there anyone from the audience that would like to have it read in its entirety? Okay. Hearing none, I will entertain a motion for Ordinance Number 03-1004. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance Number 03-1004, Amending Ordinance Number 01-928, Pertaining to Flood Damage Prevention and Amending Section 10-6-3B, General Provisions, Establishing Areas of Special Flood Hazard and Amending the Designated Reference Documents, with suspension of rules. Nary: Second. Meridian City Council Meeting February 4, 2003 Page 7 of 30 Corrie: Motion has been made and seconded. Is there any further discussion? Okay roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Ordinance No. Tower: Wireless Communications Corrie: Item Number 7 is Ordinance Number 03-1005. This is a Wireless Communication Tower Ordinance. At this time, I would like to have the City Clerk read the Ordinance by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1005, an Ordinance of the City of Meridian enacting a new Chapter 22, Title 11, zoning regulation to be known as Wireless Communication Tower, WCT, providing for wireless. communication facilities, poles, antennas, towers, and other such structures and notice to property owners and providing for appeals, severability, conflict, validity, date and clause and providing for an effective date. Corrie: Thank, Mr. Berg. You do that very well. You have heard the reading of the ordinance on towers by title only. Is there anyone from the audience that would like to have it read in its entirety? Thank you and the City Clerk thanks you. We would split that up into four different sections. All right. Council, I will entertain a motion on 03- 1005 ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 03-1005, the Wireless Communication Tower and the Mayor to sign and the Clerk attest, with suspension of rules. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 03- 1005, with suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. Both approved. Meridian City Council Meeting February 4, 2003 Page 8 of 30 MOTION CARRIED: 'THREE AYES, ONE ABSENT Item 8. Ordinance No. : Amendment to Meridian City Code 11-2-2, Definitions of the Zonin~ Regulations: Corrie: Ordinance Number 8 -- Item Number 8 has been asked that we would table that to the February 11, 2003 Meeting. With that request, I will ask Council to approve that. Nary: Mr. Mayor, I'd move to table Item 8, the ordinance for amending the City Code Definitions of the Zoning Regulations to our February 11 th Meeting. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to move until February 11, 2003, Meeting Item Number 8 Amendment to the Meridian City Code 11-2-2. Any further discussion? All in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Tabled from January 28, 2003: FP 03-001 Request for Final Plat approval of 5 building lots on 6.85 acres in L-O and C-G zones for Mallane Subdivision by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Corrie: Item Number 9. This is tabled from the January 28, 2002 Meeting. This is a request for Final Plat approval of five building lots on 6.85 acres in L-O and C-G zones for Mallane Subdivision by the Land Group, Inc., north of East Fairview Avenue and west of the North Eagle Road. At this time, I will invite staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This application is for Final Plat on the Mallane Subdivision. The property is in the bold outline there. Fairview Avenue borders on the south and Hickory Way on the east and north. The office zoning is currently on the whole property. Louie's Restaurant is in the middle of the property there. Here is a reduced copy of the Final Plat that was submitted as part of the application. The request does comply with the Preliminary Plat that was approved by Council. They did get a Time Extension. They moved this onto March of this year, so they have submitted it in time. They are proposing a shared access easement here in the cross-hatched area. They are also proposing a cross-parking agreement that would share amongst all five lots of the subdivision. The Preliminary Plat did require a 35-foot landscape easement that will be constructed across the full Fairview frontage. Louie's currently has their landscaping in, so this plat would require the balance of these two lots with Fairview frontage to have a 35-foot landscape easement and there will be landscaping along Hickory, as well as Dove Meadows. This Dove Meadows boundary, the Preliminary Plat required both a CMU block wall to be constructed across this diagonal area, as well as a 25-foot landscape buffer. I believe Meridian City Council Meeting February 4, 2003 Page 9 of 30 the applicant is here tonight and would like to address that. They did talk with staff. The reason that that wall was added in there at the Preliminary Plat time was the concept showed a fairly large retail building that might have some drive access back here next to Dove Meadows. They are, at this point, proposing to keep this lot limited office and that would change the use here from a retail to an office, so they are arguing, I guess, that the intensity is going to be less and they do not need to construct that block wall now. That -- that is something that today's landscape ordinance would allow, as long as you still provide a 25-foot wide landscape buffer that is planted with dense plantings that are going to provide that sound barrier. That -- I will let the applicant address that further but other than that, I think the only thing to point out is that you -- there is a pending application for a rezone to a commercial zone on these other four lots, leaving this north lot next to Dove Meadows as a limited office. That should not affect the Final Plat, however. I would ask that our staff's recommended conditions in on January 31st memo be included in any motion that the City Council makes. Corrie: Thank you, Brad. Is the representative here this evening? If you would give us your name and address, please, for the record. Hepworth: Russ Hepworth with The Land Group, 128 South Eagle Road in Eagle,. Idaho. Corrie: Thank you, Russ. Hepworth: Mayor, Councilmen, as stated by the staff, I just wanted to discuss the retaining wall, the block retaining wall along -- or not retaining wall, a sound barrier wall along the boundary of Dove Meadows. In the original CUP and the original Preliminary Plat that was submitted, it stated that it was required to build a masonry block wall with a 10-foot wide planting strip adjacent to this residential strip in lieu of a 20-foot landscape buffer, assuming that -- I guess, that they were trying to get closer to that -- that setback. It has been through different policies and it's now going to the 25-foot landscape and we are just revisiting if it is required to place both a 25-foot landscape buffer and a masonry block wall behind what is potentially going to be the back side of an office building, which could be a block wall itself. No other comments on that Item. One other item that we want to bring to your attention is that Lot 4 of the Final Plat was reduced from the original Preliminary Plat, approved Preliminary Plat, in size due to a land swap that was done between different parties of the owners. Now Lot 4 only encompasses the existing Louie's Restaurant and most of the parking is located in Lot 5 as shown on there and the condition of the Preliminary Plat was that each lot shall have it's own parking. As it is right now, Lot 4 or Louie's Restaurant, the parking is not included in their lot, so we are requesting that perhaps that -- that item be changed. That Lots 3, 5, 6 and 7, shall have -- or shall be -- or shall have to have required parking for those individual parcels or a note placed on the plat that the entire subdivision has a Cross-Parking Agreement. De Weerd: Mr. Mayor? Meridian City Council Meeting February 4, 2003 Page 10 of 30 Corrie: Mrs. de Weerd. De Weerd: I just have a couple questions. The first one of Brad in order to address the issue with the retaining wall, they would have to come in and amend the CUP, wouldn't they? If that was a requirement, it didn't say either/or, I would imagine it said they have to do the wall. Hawkins-Clark: Mr. Mayor, Council Member de Weerd, that's correct. As a stated condition in the adopted plat findings, I think the only way to amend that is to have another hearing. The Dove Meadows property owners, if they attended, would be under the assumption that a masonry wall is going to be constructed and they were not noticed as a part of this meeting tonight. De Weerd: Okay. Brad, were you able to go back and look at why that condition was put on? Were there neighbors that attended that meeting and this was one of the -- we normally don't put block walls up there, unless there is a very good reason so was there testimony about -- Hepworth: I don't know that there was testimony, other than the original Concept Plan. showed a retail building, instead of an office building there, and it showed an access lane behind it. I think staff, then, recommended that the landscape buffer and the wall be placed there, because there was potential for traffic, dumpsters, so on, so forth there. De Weerd: Well, keeping in mind that it would need to come back and be a Public Hearing to change that condition, I don't see why that would be a problem at this point, unless that block wall had to be built before they could start any -- get any additional Building Permits, other than the one they did with Louie's. Hawkins-Clark: Typically, if the city places a condition on a plat, we will require that that condition be fulfilled. One, either constructed before we would allow any construction to happen, or that they bond with the city for the cost of the improvement, like any other standard plat condition. We -- as it's written now, we couldn't, I don't believe, just move the wall from the plat to a Conditional Use Permit for that lot, because it's a plat condition, not a conditional use condition. It's a condition that's associated with the improvements of the plat, not Lot 5 -- or 6. I'm sorry. Corrie: Russ, is that Lot 6, is that going to be just one building or a group of buildings for L-O? Hepworth: Proposed right now it's just one. Corrie: Just one building? Hepworth: Yes shown conceptual a pretty large building. /. ( Meridian City Council Meeting February 4,2003 Page 11 of 30 Corrie: Yes. [would think so. That's acreages there. Hepworth: Right. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just one last question. You mentioned that you would need to have cross- parking. You have Cross-Easement Agreements for traffic flows. Hepworth: Correct. De Weerd: Where are you going to take the traffic out on? Hepworth: There are two entrances onto Hickory straight up from the entrance off of Fairview along that property line right there. De Weerd: Okay. Hepworth: It's an approach onto Hickory and an existing approach and one also at the end of -- well, I guess itls an actual easement through Lot 2 of the Angel Park Development right there, it extends out and that approach is located there with a -- with an easement on Lot 2 of the Angel Park Subdivision. De Weerd: Okay. I imagine those are going to be very important if the traffic continues to increase. Itls already difficult getting in and out of Louie's, so -- Hepworth: Yes and I know the applicant -- or the owner of the site has pushed several times with ACHD to get a stoplight placed at the intersection of Hickory. However, I think they are running into road blocks there, because itls not in the five-year plan and -- De Weerd: We had that conversation with ACHD, so -- Hepworth: Yes. De Weerd: -- we know the problem you're encountering. Okay. Thank you. Corrie: Any other discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. On that building there on Lot 6, I mean you said on the original concept it was a retail building, now it's an office building, but we still don't know that the purpose Meridian City Council Meeling February 4, 2003 Page 12 of 30 -- that although the wall was there probably because of a drive lane. We don't know that that office building -- there is going to be a drive lane behind it as well. Hepworth: Right. Nary: And the trash dumpster is going to be behind the building as well. Hepworth: Correct. Nary: Okay. All right. Hepworth: Yes and I guess in defense of that, each lot does have to have a Conditional Use Permit before they construct on anything. However, as Brad stated, that condition couldn't be switched from the plat to a CUP on an individual lot, so-- Nary: And on this development, that's the only parcel that's immediately adjacent to homes correct? Hepworth: Correct. Nary: Thank you. Corrie: Any other questions? Thank you any further discussion on this request? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, on the site-specific requirement -- I guess I'm looking for the parking issue or is that a different -- am I just not seeing it? Is there something on here about the requirement for a -- Hawkins-Clark: Councilman Nary, no, you're not missing it, it's just not there. Nary: Okay so we would need to add that about having the -- I guess specific parking on that plat -- they have a notation on the plat of having joint parking among all of these lots? Okay. Hawkins-Clark: That's correct and it -- I was also just informed by Gary Smith and the Clerk that I understand that there are three street light structures that are currently on Hickory Way abutting Lot 6 and 7. Mr. Leader, the developer of Dove Meadows, did construct those, but they have never been hooked up to power, so, apparently, the clerk's office is getting calls dealing with why aren't these streets lights operational and that it was tied to the development of this subdivision. I was not aware of that in writing the staff report, but, certainly, jf a condition needs to be added that these street lights become operational, then, we would need to do that. I'd point that out, being somewhat Meridian City Council Meeting February 4, 2003 Page 13 of 30 naive as to the history of the project, but understand that's where it is, so the developer would need to bring .power and make these streetlights operational as a part of this development. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, do we need to approve these tonight, or do we need to find that condition out before we do that? Hawkins-Clark: I would refer to Mr. Berg, if he can shed any light on it. Nary: No pun intended. Berg: Mr. Mayor, Members of the Council, my understanding, remembering back, that when the developer who developed Dove Meadows and the church, apparently, there was no power run on that side of the street. It was always told that when power got there they would put the lights up, but before our bonding ran out, Mr. Leader installed- the street lights and you can see them standing upright on the west side of the street. There is no power to them, but the streetlights are installed. It was one of those situations when that got developed, which I think Mr. Leader had all the intentions of developing at one time, but he sold it off. There is no power to those streetlights and they were going to get power when the power got on that side of the street. That's the reason why there is no power and no light, but there are streetlights. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, I guess back, then, the thought was that this developer would pay the cost of bringing the power line to those poles? Is that what was contemplated? Berg: Mr. Mayor, Members of the Council, I would like to guess what was thought of, but I think the understanding was he was going to develop the whole parcel and to get his bonding back, he was going to have to install streetlights. There was no way to get power across the street and, if you remember what the design is, the church has a large parking lot with lights in the parking lot, so that side wasn't so dark, but whatever was going to be developed on the other side would require street lights along Hickory Drive. Also, just so you know, that the main street light at the entrance on Fairview, the power comes from the church and it is not a metered -- the power is directly from the church and so they pay for that street light intersection. It's kind of a strange setup. That's just the way it happened. I don't know if Mr. Smith has anymore to add to that, but he was here longer than I was. Corrie: Gone, but not forgotten. Meridian City Council Meeting February 4, 2003 Page 14 of 30 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, at this point I know the applicant has an issue with the wall, but it's part of the condition of the plat, so they would have to come back and ask to amend that. We need to add comments on the parking and notation on the plat with the cross -- it wouldn't be a cross-easement. What would it be just cross-parking -- Hawkins-Clark: Cross-parking easement. De Weerd: Oh. Okay and, then, that the streetlights would become operational and that's where we are at right now? Okay. Nary: Mr. Mayor, could I just ask one question? Just so I'm clear, the streetlights are all on the -- I guess the sidewalk that's adjacent to this property is that right? They are providing light to the south side of that Hickory roadway; is that right? Is that where it's at? Okay. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would move that we approve the Final Plat of five building lots on 6.85 acres in L-O and C-G zones for Mallane Subdivision, to include the comments regarding the cross-parking easement notation on the plat and also the streetlights on the property would become operational and ask the attorney to draw up the appropriate paperwork. Corrie: All right. Is there a second? Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Final Plat approval with the staff comments and the addition in the motion any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. FP 03~002 Request for Final Plat approval of 6 building lots on 13.77 acres in a C-C zone for Silverstone Subdivision No.3 by Sundance Meridian City Council Meeting February 4, 2003 Page 15 of 30 Company -- southeast corner of East Overland Road and South Eagle Road: ' Corrie: Item Number 10. This is a request for Final Plat approval of six building lots on 13.77 acres in a C-C zone for Silverstone Subdivision NO.3 by Sundance Company, southeast corner of East Overland Road and South Eagle Road. Staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This is a re-subdivision of existing lots that are there at the southeast corner of Eagle Road and Overland. The existing four lots are shown in bold. The Silverstone Way collector spine road there is adjacent to the east side of where they are proposing to re-subdivide Lots 2, 3, 6, and 7. Here is a more detailed look at this requested -- or their proposed Final Plat. As you know, all subdivision improvements have already been constructed out on Eagle Road, the 35-foot landscape buffer is in. In terms of landscape improvements, that's the only required landscaping in this re-subdivision request, so they are showing the appropriate sewer easements and other city requirements on the plat. The Preliminary Plat -- this does conform with the Preliminary Plat, so I don't think there is anything else to point out on this application, so we will just -- well, I'm sorry, there is. Item number nine on page two states to submit copies of CC&R's and the applicant did contact our office, they' pointed out that Silverstone has already approved CC&R's that were submitted with the previous Silverstone Subdivision NO.1. They are not proposing any changes, so there is no need for them to resubmit, so we would support omitting that Number 9. Other than that, recommend that our conditions in our January 28th memo be included in any motion. Thank you. Corrie: Thank you, Brad. Is the representative of Silverstone here this evening? Name and address, please, for the record. Tealey: Mr. Mayor, Members of the Council, my name is Pat Tealey. My office address is 2501 Bogus Basin Road, Boise, representing the applicant Silverstone. We have read the staff comments and really have no comment one-way or the other. I'm glad they did notice Item Number 9, which we submitted to them, and would request that all be amended. Are there any questions, we would be glad to answer them? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Tealey, wouldn't it -- for Item Number 9, I mean I know they don't have to submit new restrictive covenants, but -- and this isn't a residential subdivision. Shouldn't there be some notation that the covenants that are already existing for Silverstone 1 now also apply to this phase as well, so that any property owners or purchasers or lessees will know all of the same -- the same CC&R's apply to all of it? Tealey: Certainly that's the case. What we were requesting be eliminated is the review by the city attorney. Meridian City Council Meeting February 4, 2003 Page 16 of 30 Nary: Oh so, if we had -- if we had a document of some sort saying that all of the CC&R's are still the same and all the same as previously submitted, that would be all right? Tealey: That's correct. Nary: Okay. Thank you. Corrie: Any other staff comments, Council? Okay. Hearing none, I will entertain a motion on the request for Final Plat approval. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of Item 10, FP 03-002, request for Final Plat approval of six building lots on 13.77 acres in a C-C zone for Silverstone Subdivision No.3, to include all staff comments with Item 9 of site-specific requirements being that the applicant" simply submit a letter indicating all previously submitted restrictive covenants, conditions, and restrictions for the prior phases of Silverstone Subdivision apply to this Final Plat request and for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: 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 is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. Public Hearing: VAR 03-002 Request for a Variance to allow a one year Time Extension for filing the Final Plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: Corrie: Item Number 11 is a Public Hearing. This is a request for a Variance to allow a one-year Time Extension for filing a Final Plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., or LC Development, Inc., south of East Franklin Road and west of South Locust Grove Road. At this time, I will open the Public Hearing and invite staff's comments first. Meridian City Council Meeting February 4, 2003 Page 17 of 30 Hawkins-Clark: Thank you, Mayor, Members of the Council. The subject property is on the south side of Franklin Road, just east of the cemetery. The Fire Substation Number 1 is just to the west here on the north side of and - Meridian industrial park to the north. This is, I believe, Baltic. The request was originally for a one-year Time Extension. You'll have to excuse the plat here, it's kind of marked up, but, generally, they are proposing a commercial -- they have already received commercial zoning here on the north end of their project off of Franklin. Then, they have also been approved for an R- 40 zoning on the south end of the property for an apartment complex. This is multi- family residential and, then, office and commercial lots on the north. The Development Agreement was signed. The city did pass the Annexation Ordinance recently that approved the annexation and zoning. The original application did request a one-year extension for them to submit the Final Plat, but, then, they did submit a letter, dated January 29th, to Dave McKinnon in the planning department that requested a two-year extension, instead of a one-year, so they did amend their application with that letter. The reason stated by Mr. Boyle in his letter as a part of the application for the extension largely has to do with Ada County Highway District's widening project of Franklin Road. They are purchasing right of way for this stretch in 2003 on Franklin and construction is slated for 2004. Due to the negotiation process on the right-of-way purchase, as well as other utility issues and installations, they are stating that the Variance is needed for" them to work with the Highway District and they cannot submit their Final Plat, in large part because of that Ada County Highway District project. Typically, a time extension staff does not have to make findings, we just make a recommendation to the Council. Since this is a Variance, because they did technically miss their deadline for a one-year, we did have to make findings on the Variance and we could not find that they really met the findings. They technically could proceed with at least submitting their Final Plat application to city and we also felt that a two-year time extension, really, was not in compliance with the ordinance, which just states one-year. Staff did recommend denial of this request. Corrie: Any questions of Brad? This is a Public Hearing. I will invite the applicant on the request first. Boyle: Mayor, City Council Members, good evening again. Clint Boyle with Pinnacle Engineers, 12552 West Executive Drive. Corrie: Oh, I'm sorry. Boyle: In Boise, Idaho. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Boyle: It is. Corrie: Thank you. Meridian City Council Meeting February 4, 2003 Page 18 of 30 Boyle: Want me to repeat my name again? Corrie: Do it just for the record. Boyle: Clint Boyle, Pinnacle Engineers, 12552 West Executive Drive in Boise, Idaho. Corrie: Thank you, Clint. Boyle: This particular request that's in front of you is for a Time Extension for submitting a Final Plat to the City Council for review. This particular project, the developer on this project was unaware that the time had lapsed and part of that came from the fact that the actual annexation request was adopted -- I believe it was in August of 2002. He was under the impression that his time actually started once the property was annexed into the city, but, apparently, in discussions with the staff, it starts from when the Preliminary Plat is actually approved, even though the property wasn't within the city. That was part of his misunderstanding on this. To further complicate things, the Development Agreement that was originally signed, apparently, there was an error. The city informed us in some of their legal description -- or legal proceedings on the publication of it, and maybe Mr. Berg knows more about that, but the developer, again,. was contacted recently. He had to resign that Development Agreement and that was just adopted within the last month. With that and with those issues behind him, that's part of the reason why he didn't hit the October submittal deadline for filing a Time Extension. The Preliminary Plat was approved in October 2001 and would have been up apparently in October of 2002. However, the annexation didn't occur until August of 2002. Now, with that said, the items that are coming into play here -- I believe Brad touched on this. As this City Council is aware, with the Time Extensions and with other projects that you have seen in the past, if you -- if you don't submit the request for the Time Extension prior to the one-year deadline, then, the way that these requests have been handled in the past is through a Variance request process. When the developer has contacted ACHD and worked with them with regards to the timing of their project, they have indicated that they will be purchasing right of way along Franklin Road this year and construction -- widening of Franklin Road adjacent to this site will begin early 2004 and be completed by the end of 2004. The reason that we are here in front of you tonight for this request -- and, originally, it was submitted as a one-year request. However, after further working with ACHD and trying to nail down their time lines, the developer felt that the widening on Franklin Road would be detrimental to his property if he were to proceed with an office/commercial development, which has its frontage on Franklin Road. Essentially, if he were to proceed based on the deadlines that our the original constraints, his project with the office lots would, essentially, be completed and opening for business right about the time that ACHD started tearing out the road for the improvements on Franklin. Again, realizing that this is not going to be very favorable to him and to the project, due to this disruption, that's the reason he's asking for the extension. I guess as far as the two-year -- if the Council doesn't see fit to the two-year, then, we certainly would like to have them consider a lesser time period, but he did feel that the two-year was appropriate, based on the constraints on the site. Again, given the fact that the property wasn't even annexed until August of the past year. Given that, Meridian City Council Meeting February 4, 2003 Page 19 of 30 had the time actually started in August for this particular development, we would be out until August of this year before we needed to request a Time Extension and, then, he would have been out until August of 2004, which even would have better coincided with this particular development. Again, I believe that, just for the Council's clarification, the developer was unaware that his clock had started ticking, because the property -- the annexation and Development Agreement hadn't -- hadn't actually occurred for this property until August. Then, the Development Agreement subsequently had to be resigned, republished this past month. With that, that's kind of the facts behind it. When I -- you know, the staff, as far as their findings, some of their findings, if you look at their findings under such categories as Item B, it talks about strict compliance with the requirements of this title would cause -- would result in extraordinary hardship to the owner, because of -- and it lists some features. Unusual topography, the nature, or condition of adjacent development -- well, I would certainly say that ACHD's project would be a certain condition that affected this particular property. Then, it says other physical conditions or other conditions that makes strict compliance unreasonable under the circumstances. Again, you know, we believe that ACHD, the project that's going through, and the timing of that, with the other issues that I brought up, do make this a unique situation here. As far as it being detrimental to public health and welfare, we received the packet, there didn't seem to be any agencies that felt that this was. detrimental to water, sewer, fire protection, et cetera. Again, we are requesting the Variance for the submittal of the Final Plat. The developer would like to have a two-year extension, if possible. If the Council doesn't see fit, then, he would accept a lessor time but, again, he wants to try to plan this project in accordance with the constraints that he's dealing with, with the ACHD project. Thank you for your time. Corrie: Thank you any comments or questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Boyle, you said, I think, that the -- that this property wasn't annexed until Augustof2002? Boyle: Correct. Nary: Okay. Boyle: That's my understanding. Correct. Nary: All right. Boyle: Will may have the exact date, but I believe it was August of 2002 the ordinance was actually adopted. Nary: Thank you. Meridian City Council Meeting February 4, 2003 Page 20 of 3D Boyle: Thank you. Corrie: Is there anyone else from the public that would like to issue testimony at this time? Okay. Council, any other questions you have on the Public Hearing record? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess this is the first time I have seen a Time Extension as a Variance and I understand the reason why. I just -- this kind of request would never meet the objectives of the Variance, so -- we have been trying to stay very close in making sure that each Variance request meets the intent of granting a Variance. This is so unusual, I can't see how it can meet all of those intents. What is staff's opinion on -- this is an ordinance and it's hard to really make a decision on this kind of a unique situation -- or I guess I'm having a hard time finding the rational that meets all of these different criteria. Hawkins-Clark: Mr. Mayor, Councilwoman de Weerd, I agree, it's -- these are kind of sticky situations. I mean the ordinance is very clear, it says if you don't submit your Final Plat within one-year of approval of the Preliminary Plat, it becomes null and void you got to start all over again. They did not submit the request within one-year, so, instead, of forcing the Preliminary Plat to expire, we have said, okay, well, let's work with the development community and do a Variance, instead of enforcing the null and void clause. Maybe legal has some other opinions on it, but that's how we have dealt with these -- you know, these projects where instead of forcing it to go back to the beginning of the Preliminary Plat, because, technically, it is null and void today. De Weerd: In some communities don't they just totally de-annex them and they revert back to their previous zone? Hawkins-Clark: I believe so. I think most -- you know, so our Development Agreements do have a de-annexation clause. De Weerd: I didn't want to bring that up, but-- Corrie: Well, certainly, they don't meet the Variance requirement here, so -- Boyle: Mayor, if I might just make one more comment while the hearing is still open. Clint Boyle again. Again, just so this Council is aware, in many of the municipalities around, they, actually, allow two years from Preliminary Plat approval before having to file the Final Plat and that is very common with many of the jurisdictions in the area. With that said, this Variance process, this process that we are proposing tonight, has been approved by the Council in the past. I can think of one -- not that I have done, but it was adjacent to a project that we did that -- I can't remember the name of it, but it was right near Blackstone and Coral Creek Subdivisions, the subdivision that's adjacent to it Meridian City Council Meeting February 4,2003 Page 21 of 30 to the east. The same situation, a Variance request that came through and was approved, so that this is not something new as far as this Council and that's at least how the Council has proceeded with these type of requests in the past. Corrie: Well, let me ask you in your recollection did they meet all the Variance requirements, the best you can recollect? Boyle: I don't even -- Corrie: They must have or they would have probably not gotten it. My second question is we give Variances for one year. I mean it's not usual for us to do two years. Boyle: And, again, I don't recall, because it wasn't a project that I ran through on that Variance. I know it was adjacent to one that I was at the hearing and I don't recall all the criteria, so I can't really answer that, Mayor. Again, as I stated, if a two-year is unacceptable to the Council, the developer would certainly like a one-year extension. Again, it seemed reasonable from the standpoint that the property actually didn't have the Annexation Ordinance adopted and approved until August and, then, the Development Agreement, actually, really, technically, went into effect just this past. month. I think there have been some unique situations there as far as just the timing on those documents as well. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, is that circumstance -- I mean, I guess, the hard part I'm having is that we generally don't allow people to create their own hardship. Part of what Mr. Boyle is saying, at least it sounds to me like, it's a hardship that's created by the fact that the extension wasn't requested by October of 2002, but is the delay in annexation or the delay in the Development Agreement, is that -- is that timing fairly common? I guess I'm just not getting a real sense one way or the other. Is that fairly common, so again, it's still a hardship that was created by the fact that the developer here just didn't -- just missed the timing on it? Hawkins-Clark: Mr. Mayor, Mr. Nary, the timing of the annexation and the Development Agreement I would say is unusual, you know, in terms of the delay that Clint's talking about. I -- you know, the reason why the after approval of the Preliminary Plat waiting several months before it's annexed, you know, certainly, they are typically approved on the same night by this body, so I -- that could be argued that that's unique. I don't know the reason, yes, why we did not receive -- typically -- we must not have received the signed Development Agreement from the applicant, because that's what triggers the city's process to put it on our agenda is when we receive the signed Development Agreement back from the applicant. I don't know the reason for the delay there. Nary: Now, the ball is to you so why did it take so long to -- Meridian City Council Meeting February 4, 2003 Page 22 of 30 Boyle: I asked the developer the same thing and he put it in the city's court, said that he didn't receive the Development Agreement until down the road close to August from the city. I don't know. I wasn't involved in it -- in the project, actually, from the get go, it was through a different firm, so I'm kind of coming in here mid stream as well. I did ask him that question as to why the annexation lagged and he was under the impression that the Development Agreement hadn't actually gotten to him from the city. There had been some lag time. I don't know if that's the true sequence of events or not, but that's what I have been informed. Corrie: Any light there, Mr. Clerk? Berg: Mr. Mayor, Members of the Council, I don't know if there is any light, but I'm just kind of analyzing the process. When somebody comes in and annexes, the Council has wanted to see a Preliminary Plat with it, so they can see what the design of the project is as a whole. Yes, there has been times when there has been negotiations back and forth getting a Development Agreement that people are willing to sign. I mean there are several projects that were pretty complex and I know that Mr. Nichols had -- I'm not saying redo, they just kind of fine tuned that Development Agreement. Sometimes, you. know, annexation can be delayed by just that Development Agreement being prepared, because some things can't be prepared until after you see the project and approve the Preliminary Plat, approve the conditions that you want to put in there. I don't know what the reasoning was behind the delay on the Development Agreement I would have to look back in my records to see what is going on. We have a process now that we sign the Development Agreement before we approve the ordinance for annexation and I could see where there could be some delays between when you initially approve a Preliminary Plat, which is at that night that you ask to go ahead and prepare an ordinance for annexation. The Development Agreement must be signed before we put that on the agenda. I'd just have to look on the records to see where the delays were, but I can just see, in theory, that there could be some delays regarding just the system that we want to incorporate to see the whole project and approve the whole project, rather than just a piece of it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'm not really seeing it very good, Mr. Boyle that the Variance findings are here. It also -- because, again, like you said, you came in mid stream, some of those timing issues may be attributable to the city and if that's the case, I think that your client does deserve the benefit of that, but we don't know. I don't know what those delays are. I'm not totally sold that Mr. Centers doesn't recognize when the timing of these things happened and that he just missed it, because he didn't realize when this was approved or annexed. He's a pretty knowledgeable developer. I think he knows those things, so - - but I guess what I would be willing to do, if the rest of the Council is willing to do, is continue this matter to allow us some time to get some of that information as to the Meridian City Council Meeting February 4, 2003 Page 23 of 30 sequence of the timing of this thing. Give us better information to make a decision as to whether or not there are enough facts here to be able to find for this Variance. That at least benefits your client a little bit, because right now, if I had to vote this minute, I don't think there is enough here for a Variance. Boyle: Well, we certainly don't want you to do that, then, until you go through it, so -- but I will -- if I could just speak to that issue, because I did have the discussion -- and, you're right, Mr. Centers is a very knowledgeable developer. He had mentioned on another project, which was Locust Grove Place -- I, actually, had a discussion with the planner that was involved in that project where they had been in a similar situation. My understanding is that they had worked with the city on that and it was determined that their clock started ticking at the time of annexation, rather than Preliminary Plat, and so I can certainly see why he may have some confusion as to the time. Again, I did as well and it was an issue that I had to talk to the staff, they had to get together and figure out when exactly that occurred. The city technically doesn't have jurisdiction over the project until it's annexed. I don't think it's something that Mr. Centers was trying to beat the system. Obviously, he would have submitted the Time Extension within the appropriate time frame had he known what it was. Certainly, he doesn't want to have to bore you with going back through the process, nor be out the time and expense to go. back through with, essentially, the same project and bring it back in front of you again with the same ordinances and everything and here we go one more time on it. I certainly don't think he was trying to get around that. The Variance option, again, we talked about this extensively with the staff, how do we proceed now that it's expired, and this was the mechanism that was given to us to proceed with it and that's why we are here in front of you. Again, if you need more information, I'd rather get you that information, than have a negative vote on the project, certainly. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would agree that we need to continue this to get a little more detail. This was a pretty contentious development application, I think, to begin this, so it could have caused some further complications in tying up the loose ends. I would say that I agree with Mr. Nary that the developer is seasoned and he should know to ask our staff, instead of another developer, what the process is. With that said, I would move to continue this Public Hearing until February 11, 2003, and ask that staff look in and see a little bit more detail of the delays and see if there is other criteria that we can apply to this Variance request. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Nary: Mr. Mayor? Meridian City Council Meeting February 4, 2003 Page 24 of 30 Corrie: Mr. Nary. Nary: Is February 11 th enough time? Corrie: That's what I was going to ask. Nary: Should we go to the 18th, just to make sure there is enough -- De Weerd: Well, yes, they are late, so it doesn't really matter. Nary: Just a little tiny bit later. De Weerd: I would amend to the 18th Brad, does that give you enough time? Hawkins-Clark: That would be great. Thanks. De Weerd: Okay. Nary: I would concur. Corrie: Okay. Motion has been to continue the Public Hearing until the 18th of February. Any further discussion? Hearing none, all in favor say aye. All ayes. Motion carried. Okay. The 18th will be in February. Okay. Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Discussion of Administrative Lot Split Ordinance: Corrie: Item Number 12 has been moved to the Pre-Council Item Number 6. This is a discussion on the Administrative Lot Split Ordinance. At this time, we will hear staff comments on that. Hawkins-Clark: Thank, Mayor, Members of the Council. The city over the last several years has received -- well I guess I don't know how many requests, but many requests from developers to be able to split a single parcel or lot of record without going through the subdivision process. As you know, by the time you run through the city's process on a subdivision and, then, get the appropriate agency signatures and get it recorded, you know, the average eight to ten month period is there, as well as the typical requirements for all of our subdivision improvements, curb, gutter, sidewalks, street lights, et cetera. The City of Meridian is unique in the valley in that we don't have an administrative lot split ordinance, that if somebody comes in, they meet an established set of standards, they are able, just through a record of survey, to be able to split a parcel. This has come up numerous times and Gary Smith in the Public Works Department can speak to it, too, if you have any questions. Our new Planner, Wendy Kirkpatrick, has done quite a bit of research on this research and she's here tonight if you have any questions. Generally, the reason this was on the Pre-Council was to -- before we go into a lot of -- Meridian City Council Meeting February 4, 2003 Page 25 of 30 a lot more research and actually development of the ordinance, if the Council is supportive of staff coming forward with an amendment to the Subdivision Ordinance that would allow us to provide this option, this tool, if you will, to the development community. We did not include any details on the proposed draft ordinance at this point in your packets. A few highlights, maybe, would be worthwhile, so if you want to hit a few highlights of what we are looking at, Wendy. Kirkpatrick: Sure. Let's see. With the proposed one-time division lot split ordinance, basically, if you have a parcel of record or a subdivision lot that has not been changed in size since we updated our Zoning Ordinance or Subdivision Ordinance, you would be allowed to do one split of that property. The two parcels or lots that would be created both have to meet dimensional standards from today's code. The applicant would be required to come in for a pre-application meeting and during that meeting we would go through, make sure that they met the dimensional requirements before they were out the expense of doing a record of survey. When they came in to apply, they would come in with complete application fees, record of survey. It would be an administrative application, we would notice all affected agencies in case there were any complications with ACHD, road access, public utilities, and if all those findings were positive, then, we would be able to recommend approval and they could do a one-time division. administratively, rather than going through hearing. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: How does that compare, Wendy, to the other communities with their administrative lot splits? Do they also limit them to just the one time -- Kirkpatrick: Correct. The City of Eagle allows a one-time division. The City of Nampa, Canyon County, Ada County, all allow a one-time division. This is similar to -- and usually, the parcel of record is tied to the adoption of the ordinance. That's when you establish the original parcel size and when you're allowed to -- generally allowed to do one split from the time that parcel was created. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just two more comments. One is when you have a draft, it would be helpful, -- I know you can probably name the people who have an interest in this. Please submit that to them for their comments. This is going to be a tremendous economic development tool. I think if we look at being a little bit more receptive and accommodating to some of these -- this job base we are hoping to create, this will certainly help these individuals who are out marketing our community to come back with something more viable, because they have a little bit more flexibility. I sure appreciate your work in doing this. What a nice way to start. Meridian City Council Meeting February 4, 2003 Page 26 of 30 Kirkpatrick: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: If you could I guess remind me. It seems like I recall language in the State code that requires a Public Hearing to do a subdivision. Kirkpatrick: If you are creating -- Councilman, if you are creating three or more lots -- Nary: Okay. Kirkpatrick: -- you are required to go through a Public Hearing for a subdivision. Nary: Okay so, it doesn't -- the parcels don't have to be of equal size, they just can't be smaller than whatever the minimum lot size has to be. That's what you meant by-- Kirkpatrick: Correct. They both have to meet minimum standards, both of the lots or parcels created. Nary: And I didn't hear you mention Boise and allowing -- does Boise have Public Hearings on all of them? Is that what they -- is that why -- Kirkpatrick: I believe the City of Boise also has administrative splits. Actually, I don't have a copy of their ordinance with me to verify that. Nary: And maybe in working through the process -- I think I -- I recall getting a phone call from the Moscow City Attorney on this very issue, because they were wrestling with the same idea and having that -- and I guess whether it's you contacting him or Mr. Nichols or his office contacting him. That they were having some issues as well and it wasn't just over it being three lots. I don't recall what it is, but you may talk with them, because I think they have just recently gone through this process and so that way they may be able to give you some guidance as to what worked for them as well. I would agree with Councilwoman de Weerd, I mean I think as long as we can do it legally, I can't see a real down side. I guess the part I would have the most discussion about is there are situations that I can envision neighbors being very concerned that suddenly they are building what they thought was a fairly large parcel next to them, now has two houses on it, that they didn't realize there was going to be a second house and no one notified them, to at least give them the opportunity to object before hearing. Kirkpatrick: And that, actually, would be part of the notification process of notifying adjoining neighbors. Meridian City Council Meeting February 4, 2003 Page 27 of 30 Nary: Okay. I didn't hear you say adjoining neighbors. I heard you say agencies so that's why I was concerned that we weren't going to give some sort of radius notice to the neighbors. Yes, that would be the only other issue I could think of that would be of concern. Corrie: Any other comments? Well, I think that's our marching orders there. Okay very good. Item 7. Discussion of Open Vision Fencing: Corrie: Item Number 7, discussion on the Open Vision Fencing. Discussion? Brad. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This is largely just an interpretation issue, I guess, that staff is wanting to receive some feedback from City Council on, so that we can give consistent information. It has to do with public safety, really. These two ordinances that are on the screen right now are from our Landscape Ordinance. The top one requires that if you have a micropath, which is defined on the bottom there, a micro path is a pathway providing access by way of a short travel length between points of destination, it's not -- it's less than 250 feet or two lot depth. These. are -- we are seeing more and more of these micropaths in our subdivision plats. What we require there, halfway through that top paragraph, is solid fencing is used and shall not exceed four feet in height. The developer is responsible for the construction of the fence adjacent to all micropaths and, then, they have to note it on the Final Plat. The issue that's coming up is as developers come in, they comply with our ordinance, they put in a micropath, they pave the middle of it, they landscape it, they put up the four-foot fence. A future lot owner comes in, buys the lot that is adjacent to this micro path and they want to put up a lattice work on top of this four-foot fence to keep their dogs in, to keep people from looking in their back yards. If they don't get approval for that, occasionally, they will construct a six-foot fence inside the four-foot fence and keep that -- so we do have people coming in, occasionally, to get the -- you know, the interpretation and it does say solid fencing and it shall not exceed four feet in height. I guess what we are coming up with is, is lattice work considered solid. We have taken a couple of photographs here to kind of -- kind of visualize this. These are taken at Bridgetower Crossing Subdivision. You can see the micropath here. Here is a four-foot fence, two feet of lattice work on top. Their point is this lot that's on the end -- that's on the other side of the micro path is more marketable, because they have a little -- it's a semi-private fence, instead of giving most people great visual into it. You can see Dave McKinnon standing here on the backside. That is Dave, isn't it? Nary: There must be a berm there. Hawkins-Clark: So, the question is, is that visual enough if you're walking along there? We have had some complaints of these being in places where at night people can hide, kids can smoke, you have -- do whatever -- whatever the issue is. That's the whole reason for having four-foot to give, you know, more visual access into these micropaths. This is a photograph taken in Wilkins Ranch Subdivision. Peregrine Elementary, the Meridian City Council Meeting February 4, 2003 Page 28 of 30 new elementary school, is here at the far end of the micropath, so it gives kids the opportunity to walk from Wilkins into the elementary school. As you can see, there was -- the developer complied, they put up a vinyl fence along the micropath. The homeowner on the right has constructed a six-foot solid fence inside their property line. The property owner on the left has still left it open. We, actually, have a request pending for this property to be able to construct a fence similar to their neighbor. Not that the City Council needs to really go in depth in this specific issue -- I mean on this specific case, but the question is should the interpretation be that lattice on top of a four- foot solid fence provides adequate safety for pedestrians on the micropath. Our interpretation has usually been, well, if you have a planned development, like Bridgetower did, they specifically asked for it, we said, okay, you can do that. There are other cases where, you know, this lattice work, if you go to Butte Fence, you know, there is different elements. I mean you can see two-foot squares -- or two inch squares, you can see one inch squares -- you know, the degree of visual open visionness is going to change depending on the lattice work. When we wrote the ordinance, our feeling was, well, it's just easier to enforce a four-foot solid fence and that's it. If you come in and you want to purchase a lot, you know the fence is already there. It's been built by the developer, if you have needs that a four-foot fence isn't going to work for you, you have a large dog or something like that, then, you just don't buy that lot, you. look elsewhere in the subdivision. We have typically said four-foot is it, no lattice work, but we are receiving more of these requests and mainly just wanted to get some other feedback from Council. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Having served on that committee, I would stand by what the intent and what is written, that you can't do that. There is definitely a safety issue that is created with a micro path and that is one reason why we ask for the height limitation, as well as a visual -- to not be a solid, so you can see through it. I don't know what the rest of the Council feels, but I would say the intent of how we wrote that ordinance should still remain today. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I don't know if Chief Worley has any input as well from the police standpoint, but I guess I would agree from Council Member de Weerd's standpoint that the biggest concern with these micropaths is creating these tunnels and the safety risks of people being able to use them. You know, that's why they generally have to be straight you have to be able to see from both ends, you don't want bends in them and such, so that way people don't have hiding places. Certainly, like you're saying in Bridgetower with the lattice on the top, I think is a compromise in that type of application, that's pretty reasonable. Like where the -- you showed there in Wilkins Ranch and Ponderosa Meridian City Council Meeting February 4, 2003 Page 29 of 30 Elementary, that double fencing is definitely not the intent of the ordinance at all and that is a -- that does -- it can create a risk and in that scenario, that may be -- that might be reasonable. I mean I'm not trying to decide that, but I'm saying in that scenario where at least, you know, there is a long path and you have only got a small portion of it that's going to be fenced, then, that's fine. If you go to, for example, a micropath that's on Sandalwood to Linder Elementary, it is fenced the entire way and there is no -- there is no way to see in that pathway at all from either side, that I think is where some risk occurs. I think there is other micropaths the same way they have got fencing along that. I mean I can see on a case-by-case basis at least trying to wrestle with this circumstance where you at least have some space. What I have seen is not only this risk factor be created, but the weed factor that's happened from this double fence is that you have a real nice strip there for weeds and nothing else. I guess I would agree with Council Member de Weerd and I think Council Member McCandless said the same thing, was that that was the intent, was to make sure that we had open vision. That's not open vision, unless there is some circumstances that we could articulate as to why a portion could be fenced off. I knew you wanted to have something to say, since you were here. Worley: Thank you, Councilman. Mr. Mayor, Members of the Council, I would concur- with what -- the Council's comments. I don't see a problem with the lattice work. I don't think that materially detracts from the intent of the ordinance. Certainly, this six-foot solid fence -- and Chief Bowers may have some comment about the fire hazards that may crop up with the weeds. Certainly this does create a vision blockage this way, whereas the lattice work I don't think materially affects what we are looking at there, so I guess I would say that this compromise I could support, but the other one, no. Corrie: Any other comments? Discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, if I can ask a question of Council. If you look at the fence on the photograph, the lower portion also is not solid, and perhaps that has some impact in terms of looking at how you define that in the ordinance. Certainly, somebody that's walking is going to be seen, even if they are only four-foot tall, whereas the bottom portion of the fence isn't solid, because you can see that shadow that passes through there. Perhaps you might give some consideration as to whether that needs to be part of the requirement, too, along these micropaths is perhaps some spacing is allowed between the staves, so that there is some vision where the folks that have got the four- foot yet. Corrie: Okay. All right. Any other comments? Good. Okay. That concludes the regular meeting of the Boise -- or Meridian City Council. I didn't say that. Is there any other thing that Council has? Meridian City Council Meeting February 4, 2003 Page 30 of 30 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: We received a memo from Mr. Beeler of Waddell & Reed and as well as Ms. Smith regarding this issue of deferred Compensation Plan and I wondered if you have an opportunity to have that discussion. He's asked us to reconsider a decision we made a few weeks ago. Ms. Smith gave a certain time line of some of these things and I guess I didn't know if we were going to have an opportunity to have a discussion about this at Pre-Council next week or the week after. Corrie: I would suggest we do it next week at Pre-Council. I will put it on the Pre- Council agenda. There is some things that we are still working out with that one, so -- Nary: That way we can run it by Mr. Beeler and -- great. Thank you. Corrie: Thank you. I talked to him Monday. Nary: Great. Corrie: Okay. With that, I will entertain a motion, then, for the close of the Meridian City Council meeting. De Weerd: So moved. Nary: Second. Corrie: All in favor say aye. All ayes motion carried, MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Thank you, Number 1, for staying with us. We got through at a decent hour tonight. MEETING ADJOURNED AT 8:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ,.. J- / 2lJ/ IJ3 DATE \\\1111\111111/1// ,\ f M'- //1 ,,\' --{ 0 . CF{,,.. "" ~ ~ .~(1. .f", $'''' 0 or.polUj 'l: ~ ~ .::- _...0 (;0 -:. ~ ~ -::. ~ ~ ~ - - - "Co f? 2 .; -<7 Qu "Q'.i 0 .::- ~ '0 {]r 15\ ' .':i:: $ -;.. -..., ~. ~ '/,....... \<)~ ,.::;.. "'" .....0' ". ,"-,/ \ ", III' ~_,t~\:_ \ 1 1- \\.\. ';/. ", \ \ \\ A TTESTEO:ctf4..:. R- WILLIAM G. BERG, J Item Packet Pickup 2-oL{-o?> qG I ? 1JLCLSe.- ? 01+ ~ 'PuJ~L:.c Iwhee.. - Lhc1J\rl ~! CITY OF MERIDIAN " CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 4, 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 December 10, 2002 Pre-Council Meeting: B. 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-B zones for proposed Cobblefield Crossin~ Subdivision by CMD, Inc. - 4450 North Linder Road: C. 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: D. 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 @ 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: E. Findings of Fact and Conclusions of Law for Approval: RZ 02- 008 Request for a Rezone of 1.99 acres from R-15 to R-40 zones for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5th Street: Meridian City Council Agenda - February 4, 2003 Page 1 of3 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 02-040 Request for a Conditional Use Permit for apartment units on 1.99 acres in a proposed R-40 zone for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5th Street: G. Summary of Action: MI 01-001 Request for a Street Name Chanae from East First Street to Main Street from Cherry Lane I Fairview Avenue south to East Central Drive or Overland Road: H. Resolution No. 03-398: M101-001 Request for a Street Name Chanoe from East First Street to Main Street from Cherry Lane I Fairview Avenue south to East Central Drive or Overland Road: I. Approve Beer and Liquor License Applications (Pro-rated one- half year) for Johnnv Carino's Country Italian Restaurant by Carino's Italian Kitchen, Inc. - 3551 East Fairview Avenue: J. Approve Beer License Application (Pro-rated one-half year) for Baia Fresh Mexican Grill by Gotta Be Fresh, Inc. - 1440 North Eagle Road: K. Approve Bills: 4. Department Reports 5. (Items Moved from Consent Agenda) 6. Ordinance No. : Amending Ordinance No. 01- 928 Pertaining to Flood Damage Prevention Amending Section 10-6- 3B General Provisions, Establishing Areas of Special Flood Hazard and Amending the Designated Reference Document: 7. Ordinance No. Tower: Wireless Communications 8. Ordinance No. : Amendment to Meridian City Code 11-2-2, Definitions of the Zonino Regulations: 9. Tabl~d from January 28, 2003: FP 03-001 Request for Final Plat approval of 5 building lots on 6.85 acres in L-Q and C-G zones for Mallane Subdivision by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Meridian City Council Agenda - February 4, 2003 Page 2 of 3 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. 10. FP 03-002 Request for Final Plat approval of 6 building lots on 13.77 acres in a 'C-C zone for Silverstone Subdivision No.3 by Sundance Company -- southeast corner of East Overland Road and South Eagle Road: 11. Public Hearing: V AR 03-002 Request for a Variance to allow a one year Time Extension for filing the final plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: Meridian City Council Agenda - February 4, 2003 Page 3 of3 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 ** AS OF JAN 31 '03 16:.~~i PAGE. 01 CITY OF MERIDIAN DATE T.lME TO,'FROM MODE MIN/SEC PGS CMDJ:I STATUS 01 01/31 1S:S? 208 387 6393 EC--S 00'50" 003 2l:l5 OK 02 01/31 15:58 ADA CTY DEUELMT G3--S l:l1'43" l:l03 205 OK l:l3 01/31 16:00 CHERIE MCCANDLES EC--5 01' 04" 003 205 OK 04 01/31 16:02 CHERRY LANE EC--S 01' 03" 0133 205 OK 05 01/31 16:04 POST OFFICE EC--5 01'24" 003 205 OK 06 01/31 16:06 208 868 1983 G3--5 01' 13" 003 205 OK 07 01/31 16:07 ID PRESS TRIBUNE EC--S 00'53" 003 205 OK 08 01/31 16:09 208 888 6700 EC--S 013'51" 003 2l:lS OK 09 01/31 16:13 8985501 EC--S 00'51" l:l03 205 OK --~----------------------------------------------------------------------------~------------ ?keLSe.. )>0?:'1: :fW 1>lL.b.lA.c..ILoh~ --rhGlvl.~) CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 4. 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Chene McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of December 10.2002 Pre-Counctl Meeting: B. Findings of Fact and Conclusions of law for Approval: AZ 02- 024 Request for annexation and zoning of IS.4 acres from RUT to R..8 zones for proposed Cobblefield CrossinQ Subdivision by CMD, Inc. - 4450 North Under Road: C. 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 CobbJefieJd Crossina Subdivision by CMD, Inc. - 4450 North Linder Road: D. 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 I 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: E. Findings of Fact and Conclusions of Law for Approval: RZ 02- 008 Request for a Rezone of 1.99 acres from R-15 to R-40 zones for proposed Creekside Arbour II by aill and Lucy Leavell - 1425 Northeast SIn Street: MoM;"" Cil)' Cwnoil Allcoda - F."muy 4,2GO:l !'ago 1 on All maltriols ~Iedal publio m<~~S' .noli b<<A>rn< l"'<'I'<rtJI aftlu: city ofM<iidiDJ>. Anyone deUring ."""roml>ll>1ion for cliSllbiliu.s tt1aud 10 OllcumelllS amVor h~cg plus< eoll!:l<lUlt c;'Y CJork's Offi.; at B88M33 1ll1<UI ~8 hours prior 10 the pu.ltlic ....olin8- ** TX CONFIRMATION REPORT ** ( AS OF JAN 31 '03 15:!:'~ PAGE. 01 CITY OF MERIDiAN 20 21 22 23 24 25 25 27 28 29 30 31 32 DATE TIME TO/FROM 01/31 "15:38 3810150 01/31 15:40 PUBLIC WORKS 01/31 15:41 12084654405 01/31 15:42 8841159 01/31 15:44 2088840744 01/31 15;45 2068467355 01/31 15:47 LlBRARY 01/31 15:48 92083776449 01/31 15:50 208 388 6924 01/31 15:51 20SSS86854 01/31 15:53 KEITH BIRD 01/31 15:54 8950390 01/31 15:55 Lau~el MIN/SEC PGS 01'23" 003 00'38" 003 00'51" 01:'13 00'50" 01Zl3 00'50" 003 1313'50" 003 IZll'03" 003 00'49" 1Zl03 131'102" 1'l1'l3 I2I1Zl'50" 1211213 1Zl1Zl'49" 12103 01Zl'50" 12103 ee' 51" 1Zl1Zl3 CMDIl 205 21215 21215 2135 21215 2135 205 205 205 205 205 21Zl5 205 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------~------------------------------------------ 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 ? Le.~e.- ~ Ob1: ~ 'PlJ.-hG:.t. 'iLotiCR.. - -rhOM. ~ ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 4, 2.003 at 7:00 p.m. City Council Chambers i. Roll-call Attendance: _ Tammy de Weerd Charie McCandless _ Mayor Robert Corrie- _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of December 10, 2002 Pre-Council Meeting: B. 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; C. 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 Crossjn~SubdivisiQn by CMD, Inc. - 4450 North Linder Road: D. Findings of Fact and Conclusions of law for Approval: CUP 02.03.2 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 Cobblefield Crossin a Subdivision by CMD, Inc. - 4450 North Linder Road: E. Findings of Fact and Conclusions of Law for Approval: RZ 02- 008 Request for a Rezone of 1.99 acres from R-15 to R-40 zones for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast SIn Street: Mori4illll Cil)' Co\IRoil AIl""do - Fcbru><y4, 2003 Pa.. I on All mIltori4l$ l/=.....d... publi. moron!!, ,hall b""""o rr"l'''''Y bflllO cay orMcridian. Any'"'. <Ie.innS ...,ornmo<bl[on fcrdiSAbiliue$ relat.d 10 ""_ ....dI(){ ht.1riD& pi..,. <oDtllc\ the CilY Clerk's Offi"".l SUMll Ol.lcMI 4S hotDs prior !(I1l1. pulIl;. ",...i'B- ** TX CONFIRMATION REPORT ** ( AS OF FEB 04 '03 22'",,-, PAGE. 01 CITY OF MERlDIAN 21 22 23 24 2S 26 28 29 30 31 32 DATE TIME TO/FROM 02/04-21:48 3810160 132/04 21; 49 PUEL I C WORKS 02/04 21:52 12084664405 02/04 21:53 8841159 132/04 21:56 21388840744 132/04 21:58 2088467366 02/04 22:00 8985501 02/04 22:03 92083776449 02/04 22:04 208 388 6924 02/134 22:136 2088886854 02/04 22:07 89513390 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC-S EC--S EC--S EC--S MIN/SEC PGS 01'28" 003 130'42" 003 00'55" 0133 130'55" 003 l2Il2I'54" 1303 00'55" 1303 130'53" 003 00'54" 1303 01'09" 0la3 la0'54" 0la3 00'53" 003 STATUS OK OK OK OK OK OK OK OK OK OK OK CMDIl 238 238 238 23B 238 238 238 238 238 238 238 -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 4, 2003 at 7:00 p.rn, City Council Chambers 1. Roll-call Attendance: _y~ Tammy de Weerd }(.. Sill Nary :=]:: Cherie ~andless ~ Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 6lJ p(:)rvc-- 3. Consent Agenda: A. Approve minutes of December 10,2002 Pre-Council Meeting: 4P/",V.f.- B. 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 CobblefieJd Crossina Subdivision by CMD, Inc. - 4450 North Linder Road: -fa-Me~? 2-ft'-()3 C. 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 Cobbletield Crossina Subdivision by CMD, Ine, - 4450 North Linder Road: -f'it..,0f!.,L ~n? 2--1(-&3 D. 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 Ii' single-family attached homes and 1 single-family existing home on 15.4 acres in 8 proposed R-8 zone for proposed Cobblefield Crossing SubdivisiOll by CMD, Inc, - 4450 North Linder Road: flt,M-t. w,..-h L Z "-/1-&9 E. Findings of Fact and Conclusions of Law for Approval: RZ 02- 008 Request for a Rezone of 1.99 acres from R-15 to R-40 zones for proposed Creekside Arbour n by Bill and Lucy Leavell - 1425 Northeast 5\tJ Street: ~....~ MoridiAtt City CoWlcil ^sO<\d.>.-- F"oll<ualy 4, 200.3 P~8' I of) JIll m:rl.".;.I~ prOStnlM IIZ pubtio m.<lings~1 boCOl\lO pr"l"'"Y oflb< City of Moridi... Any"". desiring Iccu"""oduuun far disobiJilio$ N1~led I. do,""""",, Mellor he.vlng pl.... COOtlCllh. Cily CI.trk.'. Offi.. >I 8SS-4433 at l<"l\ 4S ~ prior ",lb. f>"bli. mc<t;,,~ ** TX CONFIRMATION REPORT ** r AS OF FEB la4 'la3 22'",.5 PAGE. 131 CITY OF MERIDIAN DATE TIME TO,FROM MODE MIN/SEC PGS CMDII STATUS 131 la2/04 22:09 200 387 6393 EC--S 00'53>> 0la3 238 OK la2 132,04 22:1la ADA CTY DEVELMT G3--S 131'44" la133 238 OK 03 132/0422:12 CHERRY LANE EC--S 131'09" 13133 238 OK 134 132/04 22:14 POST OFFICE EC--S 131'33" 003 238 OK 05 02,134 22:16 208 888 1983 G3--S 131' 15" 0133 238 OK 136 02,13422'18 10 PRESS TRIBUNE EC--S 00'54" 0133 238 OK 137 132/134 22:213 208 888 6700 EC--S 00'54" 003 238 OK 00 02/134 22:33 LIBRARY ----S 00'1313>> 0013 238 BUSY THIS DOCUMENT IS STILL IN MEMORY -----------------------------------------------------~-------------------------------------- CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday. February 4, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: .~ Tammy de Weerd }( Bill Nary ==:x= Cherie ~andless =zr= Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: Slf /"pvu.-- 3. Consent Agenda: A. Approve minutes of December 10, 2002 Pre-Council Meeting: ttpfh'OV'-e- B. 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, Jnc. - 4450 North Under Road: ~~? 2-{f-7J3 C. Findings of Fact and Conclusions of law for Approval: PP 02. 022 Request for Preliminary Plat approval of 73 building lots and 15 other Jots on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossjn~ Subdivision by CMD, Inc, - 4450 North Under Road: ft6I!.L tvJ-...-n '7 2.-{l-03 D. 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 ij single-family attached homes and 1 single-family existing home on 15.4 acres in a proposed R-6 zone for proposed Cobblefield Crossina Subdivision by CMD, Inc. -4450 North Linder Road: -tzt.!Jk. hN? L Z---II-P9 E. Findings of Fact and Conclusions of law for Approval: RZ 02- 008 Request for a Rezone of 1.99 acres from R-15 to R-40 zones for proposed Creekside Arbour II by Bill and Lucy Leavell - 1425 Northeast 5lh Street ~ V".c...- M.,.;di>n CityCounoil AS...d>.-.Fobnl>ly4.200J P'soloO All m;deri.l~ pt~<Illed Atpubli< mt<'lillt$ sh>lJ b~CIlIll' property o{th. City ofM.ridion. Any""< d..irinc .ccurnmudllti"" 10l'"~bilili.. "".Ied 10 dO<Um1!\l1> ....dlor hurinS pl.... CIlOl:>Cllh. CilY Ctork'. Offi.. .1888-4433 at loart 48 bo1m priortolhe public m<<t"'1:- 1. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF 1.99 ACRES FROM R-15 TO R-40 ZONE FOR CREEKSIDE ARBOUR II, LOCATED 1425 NORTHEAST 5TH STREET, MERIDIAN, IDAHO CREEKSIDE ARBOUR II, LLC, APPLICANT C/C 01-21-03 ) ) ) ) ) ) ) ) ) ) Case No: RZ-02-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 1.99 acres having come on for public hearing on January 21,2003, at the hour of7:00 o'clock p.m., and Council having received the report of David McKinnon Planner II of the Planning and Zoning Department, and Bruce Freckleton of the Public Works Department, and David McKinnon Planner II for the Planning and Zoning Department, and Larry Knopp, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for January 21,2003, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II I (RZ-02-008) - 1 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (3001) of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 21,2003, 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 SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 1.99 acres in size. The property is located at 1425 N.E. 51\ Meridian, Idaho, and a copy of the legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner of record of the subject property is Creekside Arbour II, LLC, 1425 N.E. 51\ Meridian, Idaho 83642. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR IT / (RZ-02-008) - 2 6. The Applicant is Bill and Lucy Leavell, 2720 S. Ariel Lane, Meridian; Idaho 83642. 7. The property is presently zoned as R-15 (Medium High Density Residential) and consists of vacant land. 8. The Applicant requests the property be rezoned as R-40 (High Density Residential) . 9. The proposed site is bordered to the north by a commercial complex, to the south by an apartment complex, to the east by vacant commercial land, and to the west by a manufactured home community. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following maimer: Apartment complex consisting of six (6) individual two story apartment buildings with eight (8) apartments in each building. 13. The Applicant requested rezoning of the subject real property as R-40 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as High Density Residential. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review ofthe application for rezone it is provided at Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR IT / (RZ-02-008) - 3 City Code g 11-15-IIfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15,10 The proposed zoning will be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II I (RZ-02-008) - 4 15.2 Staff and Agency recommendations and/or conditions provide as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Conditions of Approval 1. Development of the property shall be in conformance with the Meridian City Code and the conditions of approval for Conditional Use Permit File No. CUP-02-040. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted tlnu the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 7. All buildings containing 6 or more units will be required to be fire sprinklered. 16. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "High Density Residential". Therefore, the requested R-40 zoning designation is harmonious with the "High Density Residential" designation and is in accordance with the overall goals and policies of the Comprehensive Plan. "High Density Residential" is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II I (RZ-02-008) - 5 described in the Comprehensive Plan as allowing multiple family dwellings containing over eight (8) dwelling units per acre (page 95). 17. It is found that the proposed zoning amendment complies with the intended zone(s) supported by the Future Land Use Map. It is not anticipated that the property will be rezoned in the future. 18. It is found that the Applicant has submitted detailed development plans for the property; and that ifthe property is developed in accordance with the requested Conditional Use Permit the new apartment complex would be allowed under the new R-40 zoning designation. 19. The recent adoption of the Comprehensive Plan changed the land use designation of the property from "Existing Urban" to "High Density Residential" on the City's Future Land Use Map. Furthermore, this is being developed as part of an existing apartment complex to the south. 20. It is found that all development on the subject property will be in hannony with the existing (High Density Residential) and intended (High Density Residential) character ofthe area. The design and the construction of the proposed apartment complex are very similar to the existing apartments in the general vicinity and will not change the essential character ofthe area. 21. It is found that the re-zone to R-40 should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the R- 40 zone may be disturbing to future or existing neighbors; however each development will be required to comply with the approval requirements of the Meridian City Code. 22. It is found that the proposed uses will be adequately served by all essential public services and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II I (RZ-02-008) - 6 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare ofthe community. 24. It is found the R-40 zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare ofthe community. 25. It is found that the proposed R-40 zoning will not interfere with general traffic patterns on any public streets. The lot does not have direct lot access to Fairview Avenue; however a shared access to Fairview Avenue (to the north of the subject property) has been approved by ACHD as part of an earlier apartment development proposal. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. 27. It is found that the zoning amendment would be in the best interest of the City by allowing a property owner to make improvements to the property that would otherwise not be allowed without re-zoning the subject property. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II I (RZ-02-008) - 7 ( 3. The requested zoning of High Density Residential (R-40) is defined in the Zoning Ordinance at 11-7-2 F as follows: (R-40) Hi!!" Dellsitv Residelltial District: The purpose of the R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development ofthe subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code SII-15-12 has exercised its authority to require or pennit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. S 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II I (RZ-02-008) - 8 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. Ifno distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. 9 ll-15-llofthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms ofthe following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zomng. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8,5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II / (RZ-02-008) - 9 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such servIces; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOIN"G FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN" ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 1.99 acres to construct an apartment complex consisting of six (6) individual two story apartment buildings with eight (8) apartments in each building under the proposed R-40 zone, is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II I (RZ-02-008) - 10 ( A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Conditions of Approval 1. Development of the property shall be in conformance with the Meridian City Code and the conditions of approval for Conditional Use Permit File No. CUP-02-040. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A ofthe Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fIre hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fIre hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. The fIre department requests that any future signalization installed as the result ofthe development ofthis project are equipped with Opticom Sensors to ensure a safe and effIcient response by fIre and emergency medical service vehicles. This cost of this installation is to be borne by the developer 7. All buildings containing 6 or more units will be required to be fIre sprinklered. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (R-40) High Density Residential (Meridian City Code ~ 11-7-2 F) which ordinance shall be considered for passage. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II / (RZ-02-008) - 11 ( 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning 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 lib ru tVu1 4- t!.., 2003. v ROLL CALL COUNCILMAN BIRD VOTED 4.6Mv-r COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED-*-VL..- VOTED~ COUNCILMAN NARY MAYORROBERTCORRffi(TrnBREAKE~ DATED: 2. - 1-- 03 - VOTED MOTION: ~ APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPRO V AL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR IT / (RZ-02-008) - 12 Copy served upon Applicant, the Planning and Zoning Department, Public Works Dep.~{!#t~:t'I"IJ and the City Attorney. _ ",'\'~-{ 0 i::Fr,t;)}'///; "u" no ~A, '/ ~ 00"""- ,-,tt-1 " "V ~ ~ ..~ F.~ ~ i ~ ('0 % = = - - By~g~,~ City Clerk Dated: 2 -1--~ 3 Z:\Work\M\Meridian\Mcridian I 5360M\Crcekside Arbour II RZ-02-008 CUP-02-040\FfsClsOrderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.99 ACRES FROM R-15 TO R-40 FOR CREEKSIDE ARBOUR II I (RZ-02-008) - 13 -"'? ~J ~ ~ 00 ,\cy '$, (:) -.s-,- 1 C', ,p '.' ~:.d v' '\.. ..-~ . r a ..;-\t;~^' ~,;- "'''''''''' OJ f" "''{ \v xx" , :C--"';';::fr} "_F~ "~ 1\\\\\\\ i/ ", , . ,~\ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN '(' IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CREEKSIDE ARBOUR II IN THE R-40 ZONE, LOCATED AT 1425 N.E. 5th, MERIDIAN, IDAHO CREEKSIDE ARBOUR II, LLC, APPLICANT C/C 01/21/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-040 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, and Larry Knopp, 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 L 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 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 21,2003, 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 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 R-15 zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1425 N.C. 5th, Meridian, Idaho. 5. The owner ofrecord of the subject property is Creekside Arbour II, LLC, 1425 N.E. 5th, Meridian, Idaho 83642. 6. Applicant is Bill and Lucy Leavell, 2720 S. Ariel Lane, Meridian, Idaho 83642. 7. The subject property is currently zoned R-15. The zoning district ofR-40 is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development of a 48-unit apartment complex. The R-40 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognized the concerns of Wendell Bigham, Joint School District No.2, expressed in his letter dated October 29,2002.. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects ofthe proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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 as submitted with the following corrections/changes: a. Replace the rock in the perimeter planter beds with bark or other organic material as required by the Landscape Ordinance. b. Add a minimum 50 square foot planter, with a 2" caliper tree, in between the three trash enclosures and the sidewalks to provide a landscaping break within the linearly arraigned apartment parking. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or othelWise altered so that the light does not' spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of h 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. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC ll-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 6. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 7. 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. 8. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction 9. Water and sewer service shall be from extensions of existing mains adjacent to the subject property, B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2, Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Optic om Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 7. All buildings containing 6 or more units will be required to be fire sprinklered. C. Adopt the Recommendations of Central District Health Department as follows: 1. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage & central water. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 3. Run-offis 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 disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. Submit a Land Use Change/Site application to the Nampa & Meridian Irrigation District. E. Adopt the Comments of Sanitary Service as follows: 1. Each waste container will have to handle 6 to 8 yards of waste per week. 3 yard containers to be serviced two times per week will be required as drive-on access is not permitted. 14. That the site is large enough to accommodate the required parking (96 required spaces, 100 provided), and the required landscaping, open space and other development features required of an apartment use by this Ordinance. Some minor changes will need to be made to bring the proposed use into compliance with the MCC, however the site is large enough to accommodate the required changes. 15. The current Comprehensive Plan Land Use Map designates the property as "High Density Residential". Therefore, it is found that the requested apartment complex use is a conditional use according to MCC 11-8-1, signifying that, if approved, the use will be in harmony 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 medium and high density residential and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 commercial uses). 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. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this 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 of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 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 othelWise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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 High Density Residential District (R-40), 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 of the land under 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 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 ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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 development of a 48-unit apartment complex in the R-40 zone located at 1425 N.R 5th, 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 6. Landscaping shall be installed as submitted with the following corrections! changes: a. Replace the rock in the perimeter planter beds with bark or other organic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 material as required by the Landscape Ordinance. b. Add a minimum 50 square foot planter, with a 2" caliper tree, in between the three trash enclosures and the sidewalks to provide a landscaping break within the linearly arraigned apartment parking. 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or othelWise altered so that the light does not p over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 8. All signage shall be in accordance with the standards set forth in Section 11-14 of Ie City Zoning and Development Ordinance. All signage is subject to design revie\Vand shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 10. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance \h the submitted site plan, ADA and MCC 11-13-4.F. 10. 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 Envirorunental 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. 11. 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, me. 12. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction 13. Water and sewer service shall be from extensions of existing mains adjacent to the subject property. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 7. All buildings containing 6 or more units will be required to be :fire sprinklered. C. Adopt the Recommendations of Central District Health Department as follows: 1. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage & central water. 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-offis 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 disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\flT - 12 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Submit a Land Use Change/Site application to the Nampa & Meridian Irrigation District. E. Adopt the Comments of Sanitary Service as follows: 1. Each waste container will have to handle 6 to 8 yards of waste per week. 3 yard containers to be serviced two times per week will be required as drive-on access is not permitted. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use pennit. 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 Platming 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 -L-I!- By action of the City Council at its regular meeting held on the I li6 raM tf , 2003. J ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIA1'v1 L.M. NARY VOTED l2~u4JI- VOTED~'- VOTED~ VOTED*'--' MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2-4--&3 MOTION: APPROVED: DISAPPROVED: day of Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ByJi~~~~ City Clerk ' Dated: 2 -4--~ 3 Z:\ Work\M\Meridian\Meridian I 5360M\Creekside Arbour II RZ-02-008 CUP-02-040\FfClsCUP02-040.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 \\\11Itlllrl/ll( \\\ . Ilf "\\\\ Of MeR' Ilfl " ,,--\ ,1.01 // ...' ~"\ '-1. // ,$' CJ o.;,,?OR-q .... '/j; ~ ~ ~G '<t'A -::. f ~ v % ~ - = SEAL :: - ~- ~ Q ,,0.> 0 .::: ~ -Po USr 1$\ ' ;c.}" ~:;n ~" /" ~la 'tV'....'" ///1 0' fi\ ~.~'{ "\ \" I111I . L~.~ ~ t. ,\\\' r J ( i >) ~:.;.. I ~ i. ., t ~ \ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CREEKSIDE ARBOUR II IN THE R-40 ZONE, LOCATED AT 1425 N.E. 5TH, MERIDIAN, IDAHO CREEKSIDE ARBOUR II, LLC, APPLICANT C/C 01/21/03 ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-040 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on January 21,2003, 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 development of a 48-unit apartment complex in the R-40 zone located at 1425 N.E. 5th, 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 as submitted with the following corrections/changes: ORDER CONDITIONAL USE PERMIT (CUP-02-040) -1 a. Replace the rock in the perimeter planter beds with bark or other organic material as required by the Landscape Ordinance. b. Add a minimum 50 square foot planter, with a 2" caliper tree, in between the tlrree trash enclosures and the sidewalks to provide a landscaping break within the linearly arraigned apartment parking. 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 adj acent 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 h 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. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 6. 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. 7. 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. 8. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction ORDER CONDITIONAL USE PERMIT (CUP-02-040) -2 9. Water and sewer service shall be from extensions of existing mains adjacent to the subject property. B. Adopt the Reconnnendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 7. All buildings containing 6 or more units will be required to be fire sprink:lered. C. Adopt the Reconnnendations of Central District Health Department as follows: 1. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage & central water. 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 Envirorunental 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. ORDER CONDITIONAL USE PERMIT (CUP-02-040) -3 ( 5. 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. D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. Submit a Land Use Change/Site application to the Nampa & Meridian Irrigation District. E. Adopt the Comments of Sanitary Service as follows: 1. Each waste container will have to handle 6 to 8 yards of waste per week. 3 yard containers to be serviced two times per week will be required as drive-on access is not permitted. 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 1--6- day of 1\\\\[111111111' \\1\ M 'I; ,\\\ Of t::.RII)/'I/ Copy served upon Applicant. the Planning and Zoning Department, Public VK{<J~ e.. tlf"1;....~ and City Attorney. ! ;;.cP ,r 4~o % 2; "" S - - = - :: S~"'if\L :: = .r.....;!.,~ = _"7. & -;., U ,'li 02" ~ "'0 'Sr 1S\ . ~ $ /~ :<; f> <::t ,,'::- .....,,// COUr.F,'{. "" II; .... .\11' 1/1 ~ }.', " ~. t' . Dated: 2 - 1- -0 J BxdI~~>A City Clerk Z:\ Work\M\Meridian\Meridian 15360M\Creekside Arbour II RZ-02-008 CUP-02.040\OrderCUP .doc ORDER CONDITIONAL USE PERMIT (CDP-02-040) -4 January 31, 2003 M101-001 MERIDIAN CITY COUNCIL MEETING APPLICANT Street Name Change February 4, 2003 ITEM NO. 3-}-\ REQUEST Resolution No. 03-398: Request for Street name Change from East First to Main Street from Cherry Lane / Fairview Avenue south to East Central Drive: 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 Resolution '~ ~-.I--- ,~}tuh tNf r - P "J , Contacted: Date: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. January 31 t 2003 MI01-001 MERIDIAN CITY COUNCIL MEETING APPLICANT Street Name Change February 4, 2003 ITEM NO. 3-b REQUEST Summary of Action: Request for Street name Change from East First to Main Street from Cherry Lane I Fairview Avenue south to East Central Drive: 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 Summary of Action ~ 5 vU ~ Mro~ Contacted: Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian, CITY OF MERIDIAN SUMMARY OF CITY COUNCIL ACTION A SUMMARY OF ACTION OF THE CITY COUNCIL OF THE CITY OF J\1ERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NA1v1E CHANGE OF EAST 1st STREET TO MAIN STREET FOR THE CITY OF J\1ERIDIAN, IDAHO. SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code S 8-2, UNIFORM STREET NAME AND ADDRESS N1Th1BER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 9 8-2-3, DEFINITIONS, OFFICIAL STREET NA1v1E MAP. SECTION 2: The City Council found that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1 st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets, SECTION 3: The City Council founds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1st Street to Main Street, and that ail procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: East Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of East Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of East Franklin Road shall be designated as North Main Street addresses. SECTION 5: The City Council further ordered that there shall be double street signs for a minimum of one year from the date of enactment of the change. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. APPROVED BY THE MAYOR OF THE CITY OF Jv.1ERIDIAN, IDAHO, this day of , 2003. Mayor Attest: City Clerk J:.age 1 or 1 Sharon Smith From: Brad Hawkins-Clark [hawkinsb@cLmeridian.id.us] Sent: Friday, January 24,20032:21 PM To: 'Sharon Smith'; bergw@cLmeridian.id.us Subject: Main Street Ordinance Will and Sharon, I was in a meeting today with Sheldon of the Ada Co Assessor's Office (Land Records Division). He requested a copy of the ordinance that changed E. 1st Street to Main Street. Would it be possible to mail him a copy? I'm sorry, I don't recall his last name. But his address is 200 W. Front, Boise 83702. Thanks! Brad H-C 1/24/2003 Sharon Smith From: Sent: To: Subject: Sharon Smith Mond.ay, January 27,2003 1 :23 PM 'Brad Hawkins-Clark' RE: Summary Council Action You bet, we sure will. Thanks for your patience. -----Original Message----- From: Brad Hawkins-Clark [mailto:hawkinsb@ci.meridian.id.us] Sent: Monday, January 27, 2003 1:13 PM To: 'Sharon Smith' Subject: RE: Summary Council Action Thanks for the follow-up, Sharon. I'll just assume a copy will be sent to the Land Records Division at Ada County Assessor's Office after CC Adopts the resolution. Brad -----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Monday, January 27, 2003 9:33 AM To: Marlene st. George; Bill Nichols (E-mail) Cc: Will Berg; Brad Hawkins-Clark (E-mail) Subject: RE: Summary Council Action Okay, back to this discussion. My sincerest apologies for dropping the matter in my stack of stuff to do, but there are so many fires burning around here sometimes............ Apparently Ada County has a need for a recorded document in regards to our Street Name Change from 1st to Main. Karie Glenn asked me in December about it, and Brad H-C asked last week. We need to do a summary & resolution as a matter of "clean-up" work. Bill, we wanted to check with you on procedure -- Do you want this office to place the Summary of Action & Resolution on the same upcoming meeting? and do we need to do anything special for these agenda items? -----Original Message----- From: Marlene St. George [mailto:ms@whitepeterson.COM] Sent: Thursday, December 19, 2002 4:39 PM To: 'Sharon Smith' Cc: Bill Nichols Subject: Summary Council Action Here you go Sharon, please find attached the Summary of Council Action for the street name change matter. Have a nice evening. Marlene :-) 1 Sharon Smith From: Sent: To: Cc: Subject: Bill Nichols [wfn@whitepeterson.COM] Mond.ay, January 27,200310:41 AM 'Sharon Smith'; Marlene St.George; Bill Nichols Will Berg; Brad Hawkjns~Clark (E-mail) RE: Summary Council Action In my opinion, the resolution and summary could be placed on the consent agenda. -----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Monday, January 27, 2003 09:33 To: Marlene St.Georgei Bill Nichols (E-mail) Cc: Will Bergi Brad Hawkins-Clark (E-mail) Subject: RE: Summary Council Action Okay, back to this discussion. My sincerest apologies for dropping the matter in my stack of stuff to do, but there are so many fires burning around here sometimes............ Apparently Ada County has a need for a recorded document in regards to our Street Name Change from 1st to Main. Karie Glenn asked me in December about it, and Brad H-C asked last week. We need to do a summary & resolution as a matter of "clean-up" work. Bill, we wanted to check with you on procedure -- Do you want this office to place the Summary of Action & Resolution on the same upcoming meeting? and do we need to do anything special for these agenda items? -----Original Message----- From: Marlene St. George [mailto:ms@whitepeterson.COM] Sent: Thursday, December 19, 2002 4:39 PM To: 'Sharon Smith' Cc: Bill Nichols Subject: Summary Council Action Here you go Sharon, please find attached the Summary of Council Action for the street name change matter. Have a nice evening. Marlene :-) 1 J. "5'"' J. VJ. J. Sharon Smith From: Marlene St.George [ms@whitepeterson.COM) Sent: Thursday, December 19,20022:23 PM To: 'Sharon Smith' Cc: Bill Nichols Subject: Name change of East 1st to Main Street ":f"{JD .E;I~VED DEe 1 9 2002 City Of Meridian City Clerk Office Sharon, pursuant to instructions from Bill, please find attached the Resolution and Certificate of Clerk for the street name change to Main Street. I will have these documents suffice as the originals. Thanks, Marlene 12/19/2002 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NAME CHANGE OF EAST 1ST STREET TO MAIN STREET FOR THE CITY OF MERIDIAN, IDAHO. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDHAO: SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code S 8-2, UNIFORM STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 9 8-2-3, DEFINITIONS, OFFICIAL STREET NAME MAP, SECTION 2: The City Council finds that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council finds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1 st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of Franklin Road shall be designated as North Main Street addresses. SECTION 5: The City Council finds that there shall be double street signs for a minimum of one year from the date of enactment of the resolution, RESOLUTION FOR STREET NAME CHANGE -- 1 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this . 2002. day of APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this of .2002. day Mayor ATTEST: William G. Berg, Jr. - City Clerk Z:\Work\M\Meridian\Meridian 15360M\Slreet Name Change from East 1st to Main Slreet\RESOLUTION.doc RESOLUTION FOR STREET NAME CHANGE -- 2 CERTIFICATE OF CLERK OF THE CITY OF l\1ERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2002, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF l\1ERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NAl\1E CHANGE OF EAST 1sT STREET TO MAIN STREET FOR THE CITY OF MERIDIAN, IDAHO. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDHAO: SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code ~ 8-2, UNIFORM STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, ~ 8-2-3, DEFINITIONS, OFFICIAL STREET NAME MAP. SECTION 2: The City Council finds that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1 st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council finds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of Franklin Road shall be designated as North Main Street addresses, SECTION 5: The City Council finds that there shall be double street signs for a minimum of one year from the date of enactment of the resolution, William G. Berg, Jr., City Clerk STATE OF IDAHO, ) : ss: County of Ada, ) On this day of , 2002, before me, the undersigned, 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) Notary Public for Idaho Residing at: Commission Expires: Z:\Work\M\Meridian\Meridian 15360M\Street Name Change from East 1st to Main Street\CERTIFlCATE OF CLERK.doc ( ffW} SUMMARY OF~OUNCIL ACTION A SUMMARY OF ACTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTINQ:FQRTH FINDINGS AND ESTABLISHING THE NAME CHANGE OF EAST e--8TREET TO MAIN STREET FOR THE CITY OF MERIDIAN, IDAHO. SECTION 1: FINDINGS: Tl1e City Council has established by ordinance Meridian City Code S 8-2, UNIFORM STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, S 8-2-3, DEFINITIONS, OFFICIAL STREET NAME MAP. SECTION 2: The City Council found that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval ofthe Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council founds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1 st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 15street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. iBrlf ~~{f SECTION 4: I Franklin Ro~hall be the midpoint on Main Street. All addresses on Main Street south oftF~~lin Road shall be designated as South Main Street addresses. All addresses on Main Street north oftranklin Road shall be designated as North Main Street addresses. E.",~.l- SECTION 5: The City Council further ordered that there shall be double street signs for a minimum of one year from the date of enactment of the change. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of March 26,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2002. Mayor Attest: City Clerk Z:\ Work\M\Meridian\Meridian I 5360M\Street Name Change from East I slto Main Street\SUMMARY OF COUNCIL ACTlON.doc rag~ 1 Ul 1 Sharon Smith From: Marlene St.George [ms@whitepeterson.COM] Sent: Thursday, December 19, 2002 4:39 PM To: 'Sharon Smith' Cc: Bill Nichols Subject: Summary Council Action Here you go Sharon, please find attached the Summary of Council Action for the street name change matter. Have a nice evening. Marlene @ 1/27/2003 CITY OF MERIDIAN SUMMARY OF CITY COUNCIL ACTION A SUMMARY OF ACTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NAME CHANGE OF EAST 1st STREET TO MAIN STREET FOR THE CITY OF MERIDIAN, IDAHO. SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code 9 8-2, UNIFORM STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 9 8-2-3, DEFINITIONS, OFFICIAL STREET NAME MAP. SECTION 2: The City Council found that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council founds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: East Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of East Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of East Franklin Road shall be designated as North Main Street addresses. SECTION 5: The City Council further ordered that there shall be double street signs for a minimum of one year from the date of enactment of the change. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2002. Mayor Attest: City Clerk Z:\ Work\M\Meridian\Meridian 15360M\Street Name Change from East] st to Main Street\SUMMARY OF COUNCIL ACTION .doc ra5'" .I. Vl. .I. Sharon Smith From: Sharon Smith Sent: Thursday, December 19, 2002 3:08 PM To: 'Marlene St.George'; Bill Nichols (E-maiQ Cc: Will Berg Subject: RE: Name change of East 1stto Main Street March 26th minutes attached - this hearing starts on page 20. In response to Will's question, I do not see a reference to a resolution in the motion, However, Council did indicate North/South Main, which the county would probably need to see. -----Original Message----- From: Marlene St.George [mailto:ms@whitepeterson.COM] Sent: Thursday, December 19, 2002 2:23 PM To: 'Sharon Smith' Cc: Bill Nichols Subject: Name change of East 1st to Main Street Sharon, pursuant to instructions from Bill, please find attached the Resolution and Certificate of Clerk for the street name change to Main Street. I will have these documents suffice as the originals. Thanks, Marlene 1/27/2003 Sharon Smith From: Sent: To: Subject: Sharon Smith Wedf'!esday, December 18, 2002 11 :49 AM Karie Glenn (E~mail) Main Street Street Name Change ~ Street Name :hange Approval.TI. Karie, attached is the approval information on this item. Looking at the file I do recall now that there was not an order -- it was a motion on record after the public hearing. If this information is not sufficient for Ada County, I would have to refer you to Bill Nichols for follow up. Thanks -- Sharon 1 CITY OF MERIDIAN SUMMARY OF CITY COUNCIL ACTION A SUMMARY OF ACTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH FINDINGS AND ESTABLISIDNG THE NAME CHANGE OF EAST 1st STREET TO MAIN STREET FOR THE CITY OF 1vfERIDIAN, IDAHO. SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code 9 8-2, UNIFORM: STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 98-2-3, DEFlNITIONS, OFFICIAL STREET NAME MAP. SECTION 2: The City Council found that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council founds that the Ada CountY Commissioners and the Ada County Highway District approve of the change in street name from East 1 st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District, All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: East Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of East Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of East Franklin Road shall be designated as North Main Street addresses. Summary of Council Action- Street Name Change - page 1 A -f_"- PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this L day of /$pr~1-- ' 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 4-1~ day of r~6rulf/l- ;'. ,2003. Attest: - .. ~ - - Jdt-~,~~. ~. City Clerk Summary of Council Action - Street Name Change - page 2 RESOLUTION NO.03-398 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NAME CHANGE OF EAST 1ST STREET TO MAIN STREET FOR THE CITY OF MERIDIAN, IDAHO. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDHAO: SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code 9 8-2, UNIFORM STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 9 8-2-3, DEFINITIONS, OFFICIAL STREET NAME MAP. SECTION 2: The City Council finds that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1 st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council finds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District. All official grid systems shall be shown On the official address number grid map in the office of the City Clerk. SECTION 4: Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of Franklin Road shall be designated as North Main Street addresses. RESOLUTION FOR STREET NAME CHANGE -- 1 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this h6rkA/l.:f- , 2003, 4-1!: day of APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this of /e6r~J .2003. ~ day \\\\\Illlfl/l/I/j \\\\ r::: M' - II{ ATTEST: '\\\ _f Or t:.Rt/' 111/ .....:..\ ::\"' V;(." //... ... ,., n{)D.. - 1.A . ~ ...::: v o?''-'''''''''f'l: -y ~ ~ ~ ~ ~ - - ~ ~ ;:: - ; SEAL ~ ~ E ~ c.Q ....~- 0 g ~.,.o Usr 19\ . ~ ~ ~... "'1 ~ '?- ./' -"""II//;OUrrr-l . \\\\", ~/;;('n+.f. ~~t\'\'\ Z:\Work\M\MeridianIMeridian 15360MlStreet Name Change from Eastlsl to Main Street\RESOLUTION.doc RESOLUTION FOR STREET NA1vIE CHANGE -- 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho, 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 1- e.. day of ;:e .6 f u.a J ' 2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NAME CHANGE OF EAST 1sT STREET TO MAIN STREET FOR THE CITY OF MERIDIAN, IDAHO. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDRAO: SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code 9 8-2, UNIFORM STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 9 8-2-3, DEFINITIONS, OFFICIAL STREET NAME MAP. SECTION 2: The City Council finds that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East I st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council finds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East I st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: East Franklin Road shaH be the midpoint on Main Street. All addresses on Main Street south of East Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of East Franklin Road shall be designated as North Main Street ~od:r~~J:ir,s. \\\\\ 1"- Iltll ,"\t Of MCRl'D 1111 ,.... ~, ~A I" " ~, '7A_ '/ :;:' (j o??OR;.1 f:: ' V' ~ 2 -'>.0 <"0 ... ~ ~ - STATE OF IDAHO, County of Ada, On this <{ 14\ day of -Kh/'UtlM-f ,2003, before me, the undersigned, a Notary Public, appeared WILLIAM G. BER , JR., known or Ident1fled to me to be the City Clerk ofthe City of Meridian, Idaho, that executed the said instrument, and acknowledged to m~~"'lil&:xecuted the same on behalf of the City of Meridian. ~.. ON S.A:.!. .. .........~A~~V~. .11 I!:>..O - ~J:.. "'~.. .coo' .... \ .. . : I · : , : : . \ ' .. .. , J #I .,. , ~C'o. +. _r.".. ~~,. 'U-' ....... ""... . . h~--"..o . ..~"eO? \Y-.+ ......".. (SEAL) ghM<<lSfYU'~ Notary Public for Idaho ' . Residing at: ------LI d ti'.~ J;/aiw Commission Expires: -2-o:J Z:\Work\M\Meridian\Meridian lS360M\Street Name Change from East 1st to Main Street\CERTIFlCATE OF CLERK.doc January 31 , 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT February 4, 2003 3- \ ITEM NO. REQUEST Approve Beer and Liquor License Applications (Pro-rated one-half year) for Johhny Carino's Italian Restaurant by Carino's Italian Kitchen, Inc. -- 3551 East Fairview Avenue: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: vY' (j;fff"J Contacted: Date: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. January 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT February 4, 2003 ITEM NO. r'- 0- REQUEST Approve Beer License Application (Pro-rated one-half year) for Baja Fresh Mexican Grill by Gotta Be Fresh, Inc. -- 1440 North Eagle Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: ~\f' Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. January 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills: February 4,2003 ITEM NO. 3-)0 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: OTH ER: Contacted: COMMENTS j~ O/(rr Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. tJ J - / tJ t? .If AN ORDINANCE AMENDING MERIDIAN CITY CODE 10-6-3 B BY: Cf1.eAlf Jt1.CC~fJ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO. 01-928 PERTAINING TO THE FLOOD DAMAGE PREVENTION AMENDING SECTION 10-6-3 B GENERAL PROVISIONS: BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD, AMENDING THE DESIGNATED REFERENCE DOCUMENT; AND PROVIDING 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 10-6-3 B GENERAL PROVISIONS: BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD of the Meridian City Code, be, and the same is hereby amended to read as follows: 10-6-3 B. Basis For Establishing Areas Of Special Flood Hazard: The areas of special hazard identified by the Federal Insurance Administration in a scientific and engineering Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for Ada County, Idaho, and incorporated areas entitled tlFIRM Community Panel if16001COOOO #16001CINDO of Ada County, Idaho, and its incorporated areas effective September 22, 1999 February 19, 2003f1, is hereby adopted by reference and declared to be a part of this Chapter together with any subsequent revisions thereof The Flood Insurance Study and Flood Insurance Rate Map(s) are on file in the office of the City Clerk. (Ord. 838, 8-17-1999) 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, AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN SECTION 10-6-3 B 1 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: DATE OF EFFECT: This Ordinance shall be in full force and effect February 19,2003. PASSED BY THE COUNCIL OF THE CITY OF NfERIDIAN, IDAHO, this day of ~6~1/, 2003. ./ APPROVED BY THE MAYOR OF THE CITY OF NfERIDIAN, IDAHO, this day of re6jra~, 2003. 1-/t 1-~ J!dk~~bt-l (j. City Clerk 2--4--0 J First Reading: Second Reading: Third Reading: \\I\lllllllllllll' \\\ r:: ~Ji '. .//, ......\\ _I Or f'~,c.!?,..,' ii. ....''- ~, ItJ(~:~,_~ ~<~. .> a ....() '., ". ...... rP'?r vIT,,! h" ,,> .:. -2 ~ <2> \ ~ ~ \ 2 \ :: SE't'j I I ~ ..". ~J._.:l...J (n J ;....~ r:Y!.. . 'l'7 Q. ~~ 0 " ~,^ vS... 1"..... '.<' .,; v '....) \ . -,..,""...... ......... Ai ,"to'" ~~.~ ....... C \:Y ,.... -'//. D~ t~ .-,--,t ...".... '//;.<. '.,.,', l . \\\\\ ~/i;.':;~~.> ;-"rl~\\ ATTEST: - Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: Yes )( No Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2002 ORD\AmendoRD928FloodDamagePrevANDFloodPlainORDll2102,doc AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN SECTION 10-6-3 B 2 CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G, BERG, JR., City Clerk, of the City ofMeridi~ Ada County, State of Idaho, do hereby certifY that the attached copy of Ordinance No. tl ~ - I tJ 0 4- , passed by the City Council of the City of Meridian, on the 4 -{A day of ~6rtlA/l 2003, is a true and correct copy ofthe original of said document which is in the care, c tody and control of the City Clerk of the City of Meridian. \\\111111111/111/ \\\ f M..... //1 \,,\, 0 t:.Fr//)~ 1/// " ~, -v......, '/ " ~, . -11,.- 'l )/ I (j ~p~70""~() \A"~~1!'-t{tJ. ~ SEll.L g WILLIAM G. BERG, JR. "Y. & ~ ~ (Gu ,OJ 0 f STATE OF IDAH0-r~ 'Sr 18\' :t ,.f '1... C'n 'i> ", /.(1" .B'~l:' f"" '.>.'~'{, \" 'II;,.: ,.,. , .' .\\\\\ County of Ada, ) "'''' . ,.,.. On this L\ day of _1Gv.~ ' in the year 2003, before me, the undersigned, a Notary Public, appeared WILLI 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) 'l'llltllllQ,Q'q ."'ON sJlJ.~. .~~,----~~~.. L't~WO'I~~~,,~~. 0~~~ ~~~o 0~1 ""'F \ III Q : \ iii I!iI I , IJl ~ \ 1 : III " , Q III " , Q ...;~..~\~~.Q +.<11liOF1Q ." -..alll..... ~~(Ul~L Notary Public for Claho Commission Expires: 1- Z'l -19~ z:\ WorklM\Meridian\Meridian 15360M\Ordinances City Hall\2002 ORD\CertOfClkFloodDamagePrevention and Floodplain amending Section 10- 6.3B ord No. 01-098 11 25 02.doc CERTIFICATION OF THE CITY CLERK. OF THE CITY OF tvlERIDIAN CITY OF MERIDIAN ORDINANCE NO. 03- /00 fi BY: /tt/J111tJ tklJeert'0 AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW CHAPTER 22 OF TITLE 11 ZONING REGULATIONS TO BE KNOWN AS WIRELESS COMMUNICATIONS TOWER (WCT) PROVIDING FOR WIRELESS COMMUNICATION FACILITIES, POLES, ANTENNAS, TOWERS, AND OTHER SUCH STRUCTURES AND NOTICE TO PROPERTY OWNERS; PROVIDING FOR APPEALS, SEVERABILITY, CONFLICT, VALIDITY, 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: A new Chapter 22 of Title 11 to be known as Wireless Communications Tower (WCT) is hereby enacted and shall read as follows: 11-22-1: Short Title: This Chapter may be cited as the Wireless Communications Tower (WCT). 11-22-2: Intent and Purpose: A. The City of Meridian seeks to accommodate the communications needs of its residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare ofthe community. The purpose of the cell tower ordinance is to regulate the impact of communications towers within the City limits and to provide for the needs of the public and businesses for wireless communications. B. The intent of this ordinance is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Meridian; 2. Minimize the adverse visual effects of communications towers and other similar structures through careful design standards; Wireless Communication Ordinance Chapter 22 Title 11 1 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements; and 4. Require the co-location of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the City. 11-22-3 Definitions: Antenna: Co-location: Height: Lattice Tower: Monopole: Stealth Tower: Wireless Communications Facility: 11-22-4 Procedures: Any transmitting and receIvmg device mounted on a tower, building, or other structure and used in wireless communication. The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna to a pre-existing structure. The vertical distance measured from finished grade to the top of the pole, structure, or tower, including the antenna. A tower made of an open metal framework consisting of strips of metal overlapped in a pattern to achieve strength and height. A cylindrical shaped pole usually made of steel that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. Communication facilities that are not visually intrusive by means of camouflage. Camouflage techniques may include, but are not limited to placing antennas within or on church steeples or existing structures, designing a tower as a utility pole, flag pole or street light, or the location of a tower within a group of mature trees. All accessory equipment shelters are required to be camouflaged in manner that is not visually intrusive. A steel monopole, guy-wire tower, lattice tower or other similar structure designed to support directional antennas, parabolic dishes or antennas, microwave dishes; in addition to associated ground equipment and other similar equipment used in the wireless communications industry. A. Permits Required: It shall be unlawful for any person to erect, construct, add to or increase the height of any wireless communications tower without first securing the proper permits from the Planning and Zoning Department and the Building Department of the City of Meridian. Construction of new communication towers or Wireless Communication Ordinance Chapter 22 Title 11 2 extending the height of an existing tower shall require a Conditional Use Permit. Co- location of new equipment on an existing tower shall require a Certificate of Zoning Compliance prior to installation. B. Stealth, hidden or otherwise camouflaged cell towers, shall be reviewed by the Planning and Zoning Director to detennine if a Conditional Use Permit shall be required. Stealth or otherwise hidden towers shall not exceed the height limitation of the zone in which it is located. C. Application for Conditional Use Permit for a Communications Tower: Conditional Use Permit applications for the construction or extension of monopole communications towers shall be accompanied by such infonnation as may be required by this ordinance. D. General requirements for all communications towers shall include the following: 1. Documentation from a qualified and licensed engineer showing that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RF) emissions. 2. A report from a qualified and licensed structural engineer which describes the tower height and design. The report shall include the following: a cross section of the tower, elevations that document the height above grade for all potential mounting positions for co-located antennas, and the minimum separation distances between antennas. The report must also include a description of the tower's capacity regarding the number and type of antennas that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request. 3. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use ofthe tower, as required by this Code, if an additional user agrees in writing to meet reasonable tenns and conditions for shared use. 4. A statement regarding compliance with regulations administered and enforced by the Federal Aviation Administration (FAA). 5. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. 6. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. The analysis shall include, but is not limited to, the following: Wireless Communication Ordinance Chapter 22 Title 11 3 a. Description ofthe surrounding area, including topography; b. Natural and man-made impediments, if any, that would obstruct adequate cellular telephone transmissions; c. Physical site constraints, if any, that would preclude construction of a cellular telephone facility on any other site; d. Technical limitations of the system that limit siting options. 11-22-5 General provisions and requirements A. Residential Zones (R-2, R-4, R-8, R-15, R-40), C-N and Old Town: New communication towers shall be prohibited, with the following exceptions: 1. Pursuant to the FCC's preemptive ruling PRB 1, Towers supporting amateur radio antennas (i.e., HAM radio antennas) ofless than thirty-five (35) feet in height are permitted, anteIll1as with a height in excess of thirty-five (35) feet shall require a Conditional Use Permit. No towers or anteIll1as shall be placed within the front, side or street side yard. 2. Stealth towers or otherwise hidden communications facilities in the R-15, R-40, C-N and O-T zones may be permitted through the certificate of zoning compliance process. B. Commercial (C-C, C-G, RSC), Industrial (I-L), Office (L-O) and Technical (T-E) zones: All new communications towers, other than approved stealth towers, shall be required to secure a Conditional Use Permit from the City Council prior to construction. C. Design Standards: All new communications towers shall meet the following minimum design standards: 1. Towers and ante1U1as shall be required to blend into the surrounding environment by paint or other camouflaging architectural treatment, except in instances where the color is dictated by Federal or State authorities such as the Federal Aviation Administration. All metal shall be corrosive resistant or treated to prevent corrosion. 2. All new communication towers shall be of monopole design, unless the City Council determines that an alternative design (i.e., lattice, guy-wire etc.,.) would be appropriate due to location or necessity. Wireless Conununication Ordinance Chapter 22 Title 11 4 3. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of way or property line. 4. The base of all towers, other than approved stealth towers, constructed within Meridian, shall be surrounded by a sight obscuring security fence, in accordance with the underlying zone. 5. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five (5) feet wide outside the perimeter ofthe compound. A minimum of 50% of the plant material shall be of an evergreen variety. In locations of where the visual impact ofthe tower is minimal, the Planning and Zoning Administrator may waive this requirement. 6. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed and shall be used only when the tower is being serviced. 7. All lighting on the tower, other than may be required by the FAA, shall be prohibited. D. Setback Requirements: lfthe tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: 1. If the property is located next to a residentially zoned property, the setback requirements shall be 125% ofthe height ofthe tower. 2. If the tower exceeds the maximum. height allowance for the zoning district, the setback requirements shall be 1 foot for every 10 feet of tower height, in addition to the zoning district's setback requirements. 3. If the tower is not constructed to meet the standards set forth in the Telecommunications Industry AssociationlElectronic Industries Association (TINEIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Supporting Structures" the setback requirement shall be one foot for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone". Only the accessory equipment building shall be permitted to be located within the fall zone. 4. Communication towers must be setback from all public owned right of way by a minimum. of two times the height of the tower to be installed. If this setback requirement is in conflict with any other set back requirement, the set back shall be the greater distance, 5. All communication towers shall be setback at least 3 times the height ofthe tower from all principal arterial streets. Wireless Communication Ordinance Chapter 22 Title 11 5 E. Co-Location Requirements: 1. A proposal for a new commercial communication tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower. 2. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more following pieces of documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed co-location of an existing tower or facility would be in violation of any State or Federal law . c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engmeer. d. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed engineer. 3. All proposed communication towers shall be designed, (structurally, electrically, and in all respects) to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred ten feet (110') in height and for at least one additional user if the tower is over fifty feet (50') in height. F. Attachments to Tower: No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. No signs or banners shall be attached to any portion of a wireless communications tower. G. Abandoned or Unused Towers or Portions Of Towers: As a condition of approval of any required Conditional Use Permit for wireless communication facilities, all abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless Wireless Communication Ordinance Chapter 22 Title 11 6 a time extension is granted by the City Council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and re-submitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the City and the costs of removal assessed against the real property. 11-22-6 Noticing requirement: A. All wireless communication facilities requiring a conditional use permit shall comply with the Conditional Use Permit noticing requirements within the Zoning Ordinance, with the following additional requirement: All property owners within six-hundred feet (600') of external boundaries ofthe proposed property shall be notified ofthe public hearing by the City, via first class mail, a minimum offifteen (15) days before the scheduled public hearing. The city will provide the list of property owners when requested. SECTION 2: SEVERABILITY: The provisions ofthis chapter shall be deemed severable and a finding by a court oflaw that a provision of this chapter is unlawful shall have no effect on the remaining provisions. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4: 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 ofthis ordinance independent ofthe elimination herefrom of any portion as may be declared invalid. SECTION 5: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. Wireless Communication Ordinance Chapter 22 Title 11 7 P ASS~ THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this . day-of R6rtfa'l ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this f-t:k. day of ,PL 6 ru Cl/v~ ' 2003. r Robert D. Corrie \\\\\1111111//11 \\\\ C ~Il- III ,,\' ~ Of iV!c.R.'/.) 1111" Attest: ,,"r':::' '4A . ~ ;$ v C"o'<','?OR,</ r, . y ~ J/ g ~ ('0 ~ d'~ - -6. ~ ~ i SEAL ~ City Clerk .. ~"Y'v- & 2 An Ordinance ofthe City of Meridian B~ W~ ~p.~~&/.~Qfty Clerk First Reading: 2. - 4- -tJ 3 ~-:i.. ':"f ~~ y."'::: Adopted after fir5jZading by suspension o(a.;,~~..fff.s.X'al\Q..wed pursuant to Idaho Code 50-902: YES NO .lli,I,,! ":i\\\ Second Reading: --- Third Reading: STATE OF IDAHO,) : ss. County of Ada, ) On this 4 .~ day of b MWv..~ ' 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAlvI 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) ellllll"UI'I .<>~ON S iii.. ("q..~o~TA~.k~ 11~'~ -~).'\~.. o Co / ..., -r" ':of"O III I \ G1 I:t I iii III t I iii ~ \ ~' : .,. , Ii1 $. ;;',,:;:...!:am..\.C~q..CJ 9. -I'A'~--".;n~" IItq'V..l! OF ):1-'. .," "'If....""- ~MO\t}k,~ NOTARY PUBLIC FOR IDAR. 0 J { RESIDING AT: .4dClCo~~ q MY COMMISSION EXPIRES: . -2'8'-oS Z;\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2003 Ord\Wireless Communication Title 11 Chapter 22 Ore! 0] 30 03.doc Wireless Communication Ordinance Chapter 22 Title 11 8 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE LAND GROUP, INC. FOR APPROVAL OF FINAL PLAT FOR MALLANE SUBDIVISION, LOCATED ON THE NORTH SIDE OF FAIRVIEW AVENUE APPROXIMATELY 'li MILE WEST OF EAGLE ROAD, MERIDIAN, IDAHO C/C 02/04/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-001 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 4,2003, 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 Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, andllBruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Russ Hepworth, 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 <<MALLANE SUBDIVISION" as evidenced in Plat bearing: "PLAT SHOWING MALLANE SUBDIVISION A RESUBDIVISION OF A PORTION OF LOT 1, BLOCK 1 OF ANGEL PARK DEVELOPMENT, A SUBDIVISION, LOCATED IN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MALLANE SUBDIVISION I (FP-03-001) - 1 THE SW1l4 OF THE SE1I4 OF SECTION 5, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003 ENGINEERING NORTHWEST, LLC BOISE, IDAHO, J :\LOUIES _RESTAURANT _ 02040\DRA WINGS\OO _ LOUIES _ PLA T.dwg 12/18/2002, 02-040-00, SHEET 1 of3, HANDWRITTEN DATE: 12-19-2002", The Land Group, Inc., 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 Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, dated January 31, 2003, listing 8 General Requirements and 14 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 4, 2003 meeting as follows, to-wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: I. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval offrre hydrant locations shall be by the Fire Department. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MALLANE SUBDIVISION / (FP~03-001) - 2 6. The fire lanes shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that 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 Stormwater 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. 1.3 Additionally, comply with the action of the Council taken at their February 4,2003 meeting as follows: 1. Developer shall be required to include on the Plat that the entire subdivision has a cross-parking easement agreement. 2. Developer shall be required to connect power to the existing street lights on North Hickory Way where it lies adjacent to the subdivision, to make them operational for the area. 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MALLANE SUBDIVISION I (FP-03-00 1) - 3 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 1~ day of (e~~uuuf ,2003. By: ROB RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY~~~I3t, Cf City Clerk Dated: 2 -I /-t? 3 ,\1 \\\\11111 II II /f ,\\ c: M" III ,,".J Ot ,t:,/TI() III1 ,...' ~"' ~ 1,/ ~ c:} ofl.POR,<j " '/} ~ ~ -...0 't:...... ~ ; ~ 0 ~ - ... ~ Z:\ Work\M\Meridian\Meridian 15360M\Malane Sub FP-03-00 1 \OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MALLANE SUBDIVISION I (FP-OJ-OOI) - 4 ;1 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L.M. Nary . Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live tlG 0:2-04-03 J~.VL iW. 0; CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 MEMORANDUM: To: Mayor & City Council :1(- January 31,2003 I~ ~p {~, ~ T"'\ ro D-- +~~...;;~,-,.../Dl V U . From: Bruce Freckleton, Engineering Tech III Brad Hawkins-Clark, Interim Planning Director~\:\t..- , ~ hI '} j "I(lu03 J, .il ..) ~ i' Re: Clty Of Meridian City Clerk Office Request for a Final Plat Approval of Mallane Subdivision - Five (5) Commercial Building Lots on 6.85 Acres in an L-O and C-G Zone by The Land Group, Inc. (File No. FP 03-001). 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 Mallane Subdivision, located on the north side of Fairview Avenue approximately ~ a mile west of Eagle Road, is a resubdivision of Angel Park Development and contains five (5) buildable lots. One of the lots (Lot 4, Block 1) contains the existing Louie's restaurant. The other four (4) lots are currently vacant. The Preliminary Plat was approved on March 6, 2001. Last year, the City Council granted a one (1) year time extension for filing the Final Plat application. The Applicant has met the March 6, 2003 deadline to file the application. The subdivision is located in a Limited Office (L-O) zone, and all lots within the subdivision meet all of the minimum lot dimensions of the zone. Per the Preliminary Plat, a Conditional Use Permit will be required for the development of each lot. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet al1.terms of the approved preliminary plat and development agreement. 2. The pressurized irrigation system within this development is to be owned and maintained privately by the Business Owner's Association. 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 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. FP-03-00 1 Mallane Subdivision E)L~a):~ 8A AM ; ~I Mayor and Council January 31,2003 Page 2 3. Water system shall be approved and activated, pressurized irrigation system approved and activated, drainage areas constructed, required fencing installed, and road base for entry drives approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, irrigation, and required perimeter landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. In accordance with Condition #2.17 of the Mallane Commercial Complex Preliminary Plat (PP- 00-021), Applicant shall revise the Final Plat to show a 35-foot wide permanent landscape easement adjacent to the E. Fairview Avenue right-of-way along the 661-foot frontage. 5. In accordance with Condition #2.19 of the Mallane Commercial Complex Preliminary Plat (pP- 00-021), Applicant shall revise the Final Plat to show a 20-foot wide permanent landscape easement adjacent to the N. Hickory Way right-of-way along the 617-foot frontage. 6. In accordance with Condition #2.20 and 2.22 of the Mallane Commercial Complex Preliminary Plat (pP-00-02l), Applicant shall revise the Final Plat to show a 25-foot wide permanent landscape easement adjacent to the 257-foot shared boundary with Dove Meadows Subdivision No.1. 7. The Landscape Plan dated 9-13-00 by The Land Group (Sheet PP/RZ-Ll) is approved with the following modifications: a) Add a 2 5-foot wide landscape buffer adjacent to Dove Meadows Subdivision No.1, using similar plant materials as already approved with this application. b) In accordance with Condition #2.22 of the Mallane Commercial Complex Preliminary Plat, Applicant shall construct a masonry block wall adjacent to Dove Meadows Subdivision No. L c) Applicant shall note that only perimeter landscaping is approved herewith. All internal lot landscaping shall be approved with future Conditional Use Permits. 8. Modify or add the following plat notes in the manner noted below: (4.) A Conditional Use Permit shall be obtained through the City of Meridian for each lot in MalIane Subdivision prior to any construction. (5.) The owner of each lot across which passes an irrigation ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (6.) The bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal ground water elevation. 9. Sanitary sewer service to this site shall be via existing main lines. 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. FP-03-00 I Mallane Subdivision j-- ..L "1 ft. /t1f!,Al c.. ~h, (,;)11" ,r\ ~(Jr'l / / Mayor and Council January 31,2003 Page 3 10. Municipal water' service to this site shall be via main line extensions from existing mains. Applicant will be responsible to construct the water mains to and through this proposed development. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. Lot numbers shall be amended to be consecutive, beginning with Lot 1. 14. Staff s failure to cite specific ordinance provisions or terms of the approved. preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. 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. 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. 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 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. FP-03-001 Mallane Subdivision E)(.;.k: b;fU~ II ~ff 3 ot ~I Mayor and Council January 31, 2003 Page 4 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. FP-03-00 1 Mallane Subdivision EX.Jl i J) ; I fr I~ pI II t:&fi if Ie;>.. ,/ BEFORE THE MERIDIAN CITY COUNCIL C/C 02/04/03 IN THE MATTER OF THE ) APPLICATION OF THE ) SUNDANCECOMPANYFOR ) APPROVAL OF FINAL PLAT FOR ) SILVERSTONE SUBDIVISION NO. ) 3, LOCATED JUST SOUTH OF THE ) SOUTHEAST CORNER OF ) OVERLAND AND EAGLE ROAD ) INTERSECTION, MERIDIAN, ) IDAHO ) ) ) CASE NO. FP-03-002 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 4,2003, 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 Teclmician III, and that Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Pat Tealey, 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 "SILVERSTONE SUBDIVISION NO. r as evidenced in Plat bearing: "PLAT OF SILVERSTONE SUBDIVISION NO.3 A RESUBDIVISION OF LOTS 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE SUBDIVISION NO.3 / (FP-03-002) - 1 3,6 & 7 AND PORTIONS OF LOTS 8,10 & 11, BLOCK 1, SILVERSTONE SUBD., LYING IN THE NW Yo; NW 1/4, SECTION 21, T.3N., R.IE., RM., MERIDIAN, ADA COUNTY, IDAHO 2003, PROJECT NO. 2493, 2493PLT3.dwg 01-03-03, SHEET 1 OF 2, HANDWRITTEN DATE: 1/7/03, TEALEY'S LAND SURVEYING", Sundance Company, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner II for the Planning and Zoning Department, dated January 28,2003, listing 6 General Requirements and 11 Site Specific Requirements, 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 additional requirements from the action of the Council taken at their February 4, 2003 meeting as follows, to-wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: 1. That a fire-flow as required by the Uniform Fire Code shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2. & 901.3 3. Acceptance of water supply for fire protection will be by the Meridian Water Department. 4. Final approval of fire hydrant locations shall be by the Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE SUBDIVISION NO.3 I (FP-03-002) - 2 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 8. No vertical obstructions or mature landscaping shall obstruct the outlets of the fire hydrant within 10'. 9. All building uses and processes to comply with the fire code in effect at the time of construction. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. 1.2 Comply with the Nampa & Meridian Irrigation District comments as follows: 1. If all storm drainage is retained on site no further review will be necessary. However, if any drainage leaves the site a Land Use Change 1 Site application will be required. 1.3 Additionally, comply with the action ofthe Council taken at their February 4, 2003 meeting pertaining to the revisions of Site Specific Comment # 9, which Site Specific Comment # 9 shall now read as follows: Site Specific Comments 9. The applicant shall submit a letter indicating all previously submitted Restrictive Covenants, Conditions and Restrictions (CC&R's) for the prior phases of Silverstone Subdivision shall also apply to the Final Plat, FP-03:'002. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE SUBDIVISION NO. 3 I (FP-03-002) - 3 2. The City Engineer has verified that all off-site improvements are completed andlor 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 if#--- day of ~uvuv <J ,2003. By: RO T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. ByJdt..-::k~, 9-. City Clerk Dated: 2 -//..- tJ '3 \\\\11IUIlrtli// \\\ .... ~$"_ Ilf ,-,\\ ",lOr- .VJt::FI/^ 11//, ....." ~, ~~I ~..;:.. ,,'" c} ..,~,...,;---- ~'l_~' ~ (":onrVI",-~;" V ~ ... ;;;.-' Co ~ 2 ~ ~ ~ Z:\Work\M\Meridian\MeridianJ5360M\Silverslone Sub No.3 FP.03-002\OrderFP.doc SEAL -: "?c" &::: ~ 00 ,Qi 0 .::: ~ "'0 '{f1" 151' . ~? $' ~ ~ . ~.~ ~.... ..... f'\- \V ,-' "'......'f,;-VUrJl'l . \\\\\\,,,- lil;'iH'':d H~n\\\ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE SUBDIVISION NO.3 / (FP-03-002) - 4 !\.{A YOR Robert D. Corrie HUB OF TREASf.JRE EALLEY A Good Place to Live LEGAL DEPARThlENT (208) 288-2499 . Fax 288-2501 CITY COUNCrL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F A.'i: (208) 887-4813 City Clerk Office Fax (208) 888-4218 PllBUC WORKS SurlDING DEPARTMENT (208) 898-5500 . Fax 887-1297 PLANNING A1'ID ZONING DEP ARTIvrENT (208) 884.5533 . FAX 888-6854 RECEIVED MEMORANDUM: JAN 2 ~ 2SG3 City Of Meridian City Clerk Office January 28, 2003 To: Mayor & City Council Bruce Freckleton, Assistant to City Enginee~ David McKinnon, Planner II bJ.A Request for Final Plat Approval of Silverstone Subdivision No.3, Consisting of Six (6) Building Lots on 13.77 Acres in a C-C Zone by the Sundance Company (File #FP-03- 002). From: Re: We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY AND LOCATION Silverstone Subdivision No.3 is a re-subdivision of Lots 2, 3, 6 and 7, and portions of Lots 8, 10, and 11 of Block 2 of Silverstone Subdivision. The subject property is located just south of the southeast comer of the Overland and Eagle Road intersection. Staff fmds that the proposed re- subdivision complies with the City's Subdivision Ordinance and offer the followingconditions of approval: SITE SPECIFIC COMMENTS 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 jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 3. The design of drainage areas shall ensure that water is retained only during 100-year storm events for a period of time not to exceed 24 hours. 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, and road base approved by FP-03-002 Silvemone Subdivision NO.3. FP.doc t,Ja;",~ "A" IDf~ f Mayor and Council January 28,2002 Page 2 the Ada County Highway District prior to applying for additional building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the arnoWlt of 110% will be required for all tencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. All landscaping shall be installed as depicted on the previously approved landscape plan. 6. Sanitary sewer and water service to this site will be from extensions of existing mains and/or services installed as part of the original development of the Silverstone project. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking stalls and loading areas. 7. The applicant shall be subject to latecomers fees reimbursing the parties responsible for the extension of sanitary sewer under the interstate. Payment of the latecomer's fee is required prior to signature on the final plat map by the City Engineer. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three-feet above the highest established normal groundwater elevation. 8. 10. SgJIDrit cppies of.A*opos~restricrl'v~ co~ants ~dee~ re~ctio. ~oyre'vie)V"'by~~jjy ~ttorIlP1's o~ ~ pe-r CDu.A1.A!-d a<v\-io-Yl a.,t-*Ae,lr Feb. 4) dcv3 l'hee.-h'-rt.~ - Se'e 6rdex (jf C.OVtcV+ fCl7tcLf ~ F rovccl o~ F ~ P Jed- Please add or revise the following plat notes: On -#=q, (12.) This Subdivision is subject to all requirements of the approved conditional use permit CUP-OI-G02 Dated July 17,2001. 1 L Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plates) and development agreement. 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, 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 FP..o3-002 Silverstone Subdivision No.3.FP .Doc E 1lt.''',l "If - ~~f.3 Mayor and Council January 28, 2002 Page 3 locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain an approved design and penmt from the Public Works Department prior to commencing installations. 4. Submit "final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K.. RECOMMENDATION Staff recommends approval of this Final Plat application with the aforementioned comments and conditions. FP-Q3-Q02 Silverstone Subdivision NoJ.FP.Doc ~xA.' b,V " A II 3 of .3 ADA COUNTY RECORD BOISE IDAHO 02120103 E~/45DAVID NAVARRO DEPUTY Michelle Turner' PM 7 RE~ORDED-REaUEST OF :r:~V:~ Ci~.oo III 1I/11I11{11YlgUl~ellllll" '11 This sheet has been added to the document to accommodate recording information. Summary of Council Action Street Name Change MI 01-001 Approving Street Name Change from East 1st Street to Main Street. Regarding Motion First Approved by Meridian City Council March 26,2002 and Summary of Council Action approved February 4, 2003. CITY OF MERIDIAN SUM.MARY OF CITY COUNCIL ACTION A SUM:MARY OF ACTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NNv1E CHANGE OF EAST 1st STREET TO MAIN STREET FOR THE CITY OF Jv1ERIDIAN, IDAHO. SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code g 8-2, UNIFORM STREET NM1E AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 9 8-2-3, DEFINITIONS, OFFICIAL STREET NAI\1E MAP. SECTION 2: The City Council found that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval ofthe Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council founds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office ofthe Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: East Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of East Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of East Franklin Road shall be designated as North Main Street addresses. Summary of Council Action - Street Name Change - page 1 A -f_k- PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this L day of ~~r~~ ,2003. APPROVED BY THE MAYOR OF THE CITY OF :MERIDIAN, IDAHO, this 4- -I~ day of r$6ruR/l- ;1. ' 2003. Attest: JI~~~~~. City Clerk Summary of Council Action - Street Name Change - page 2 RESOLUTION NO.03-398 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NAME CHANGE OF EAST 1sT STREET TO MAIN STREET FOR THE CITY OF MERIDIAN, IDAHO. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDHAO: SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code ~ 8-2, UNIFORM STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 98-2-3, DEFINITIONS, OFFICIAL STREET NAl\tffi MAP. SECTION 2: The City Council finds that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1 st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council finds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1 st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office ofthe Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of Franklin Road shall be designated as North Main Street addresses. RESOLUTION FOR STREET NAME CHANGE -- 1 PASSED BY THE COUNCIL OF THE CITY OF :rvIERIDIAN, IDAHO, this h6rVtjt/l-7 ' 2003. 4-1:5 day of APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this of re6ru<<--1.J ,2003. 4-~ day ATTEST: - ~ RESOLUTION FOR STREET NAME CHANGE -- 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk ofthis City, I am the custodian of its records and minutes and do hereby certify that on the 16.. day of f&bfka1J .2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH FINDINGS AND ESTABLISHING THE NAME CHANGE OF EAST 1 ST STREET TO MAIN STREET FOR THE CITY OF MERIDIAN, IDAHO. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDHAO: SECTION 1: FINDINGS: The City Council has established by ordinance Meridian City Code 9 8-2, UNIFORM STREET NAME AND ADDRESS NUMBER CODE, certain directives for the purposes of changing street names, and has provided therein for the establishment of a procedure and criteria for changes to street names and for such to be approved by City Council by resolution, 9 8-2-3, DEFINITIONS, OFFICIAL STREET NAME MAP. SECTION 2: The City Council finds that it is necessary and advisable, in order to assure the orderly use of the City of Meridian streets under the jurisdiction and approval of the Ada County Commissioners and the Ada County Highway District, to establish such name change from East 1st Street to Main Street, and further finds that such procedure and criteria provided for is nondiscriminatory and reasonable, and in the public interest for the management of Meridian City streets. SECTION 3: The City Council finds that the Ada County Commissioners and the Ada County Highway District approve of the change in street name from East 1st Street to Main Street, and that all procedures to process the name change have been followed, and having had official approval by the Board of Ada County Commissioners of the name change from East 1 st Street to Main Street then said official street name shall be maintained on an official street name map and official street name list filed in the office of the Ada County Highway District. All official grid systems shall be shown on the official address number grid map in the office of the City Clerk. SECTION 4: East Franklin Road shall be the midpoint on Main Street. All addresses on Main Street south of East Franklin Road shall be designated as South Main Street addresses. All addresses on Main Street north of East Franklin Road shall be designated as North Main Streetlfl-rtdr~~Jjyk \111 C M'- JIll "''-I Or- c.fTl!)~ 1111I ,$:" :<..' 'A/A_ /'i .::;.' a o?,?OR..qi; FV ~ f ~() ('0 ~ STATE OF IDAHO, County of Ada, On this 4. +h day of kh/'laliUf ,2003, before me, the undersigned, a Notary Public, appeared WILLIAM G. BER , 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 ~1IaLte~xecuted the same on behalf of the City of Meridian. ~.o~91L~~.+ 1l1~ /~o't~:;"..?51. ill'Co:) I "'Y. ~-r~ a I \ III I'l I ~ llt III I , III ~ \ I ill' tl .. / ill' · .. ~C'O ill' tlA -"'.... :\l~'. '(If' '-ll'-' ..... ..' ., <) 1'.04~--_....n + +.~"~OF lJ.':.. 1lI1.ol!lIll13l1ltlllo (SEAL) ghCUL<<l J/YU ~-M.- Notary Public for Idaho . Residing at: Ad C<.ltJt~ J/o)W Commission Expires: 1-2-0::; Z:\W ork\M\Meridian\Meridian 15360M\Street Name Change from East 1st to Main Street\CERTIFICATE OF CLERK.doc P lJLR~ ?o~-c ~ 1Jl,LbLtc. ~~.- rh~(Lg ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 4, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Tabled from January 21, 2003: Discussion I Decision on MUBS Billing Directive: (5 minutes) 4. Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): (25 minutes) 5. Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision: (10 minutes) 6. Discussion of Administrative Lot Split Ordinance: (10 minutes) 7. Discussion of Open Vision Fencing: (5 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 4, 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. MAYOR Robert D. Corrie 'Plea.~ 'PC&i ~ 'P"-~;~~~:Ce.;- 7( 'AL/(.S! A";,~"j J" oW; CITY OF .&~11~ '. " .. - - '" erzdian --::/ \ , ~ IDAHO J} .).. y ~~,<- / -'17: Ii ~" .~Q'Nt( i 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208 888.3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 .Fax ll87-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF 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 Halt, 33 East Idaho, Meridian, Idaho, on Tuesday, February 4,2003 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Tabled from January 21, 2003: Discussion / Decision on MUBS Billing Directive - Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision) - Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision - Discussion of Administrative Lot Split Ordinance - Discussion of Open Vision Fencing The public is welcome to attend the meeting. DATED this 31st day of January, 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 MA VOR Robert D. Corrie ..~~ ri~.~~' ._'"..--.~ ,.' ~ ~~~!'1 r~: -,'tr~;~ ~,~ ~ 'ir otG CITY OF [':L~I.J2.... erldiai/-<~-;~; ~'<\ ~ IDAHO I.~ .;.. y -s-~ /- ~h 0{ "~q'"CE , : 1903 LEGAL DEPARTMENT (208) 288-2499 . FJX 288-2501 PARKS & RECREATION (208888-3579. 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 deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, February 4,2003 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Tabled from January 21, 2003: Discussion / Decision on MUSS Billing Directive - Tabled from January 21,2003: Discussion of Lee Centers Project (fka Powder River Subdivision) - Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision - Discussion of Administrative Lot Split Ordinance - Discussion of Open Vision Fencing The public is welcome to attend the meeting. DATED this 31st day of January, 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 ** TX CONFIRMATION REPORT ** ( AS OF JAN 31 '03 15:19 PAGE. 01 CITY OF MERIDIAN 29 30 32 DATE TIME TO/FROM 01/31 15:15 3810160 01/31 15:16 PUBLIC WORKS 01/31 15:19 12084664405 MODE EC--S UF--S EC--S MIWSEC PGS 00'32" 001 00'13" 001 00'23" 001 CMDl< STATUS 204 OK 204 OK 204 OK ----------------------------------------~-----------------------~~-------------------------- P /1R~ ?O}t :lW tpu..bt.c. ~&.. - -'"[hCllVtJc.<>! CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, February 4, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Tabled from January 21. 2003: Discussion I Decision on MUBS Billing Directive: (5 minutes) 4. Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): (25 minutes) 5. Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision: (10 minutes) 6. Discussion of Administrative Lot Split Ordinance: (10 minutes) 7. Discussion of Open Vision Fencing: (5 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 Agaxla- Fobrouy4. 2003 Pag~ 1 00 All ""'~Is pr~sen~d al public mccr.i~ thall b_. Pf"l'crty of tho City ofMtl'idian. AIlyan. dtsiriog a.oommodation for di",bilili... rcl"cd 10 documents lUldloT hearings ploosc conmct1!le City Clerk', Offi.. at 8884433 at ]""rt4a hoW'll prior 10 tll. public m"ling. ** TX CONFIRMRTION REPORT ** RS OF JRN 31 '03 15:18 PRGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:t STATUS 08 01/31 14:53 3810160 EC--S 00'36" 001 203 OK 09 01/31 14:54 PUBLIC WORKS UF--S 00'17" 001 203 OK 10 01/31 14:55 12084664405 EC--S 00'27" 001 203 OK 11 01/31 14:56 8841159 EC--S 00'26" 001 203 OK 12 01/31 14:57 2088840744 EC--S 00'26" 001 203 OK 13 01/31 14:58 2088467366 EC--S 00'26" 001 203 OK 14 01/31 14:59 8985501 EC--S 00'26" 001 203 OK 15 01/31 15: 00 LIBRRRY EC--S 00'32" 001 203 OK 16 01/31 15:01 92083776449 EC--S 00'26" 001 203 OK 17 01/31 15:02 208 388 6924 EC--S 00'31" 001 203 OK 18 01/31 15:03 2088886854 EC--S 00'26" 001 203 OK 19 01/31 15:04 KEITH BIRD EC--S 00'25" 001 203 OK 20 01/31 15:05 8950390 EC--S 00'26" 001 203 OK 21 01/31 15:06 Laurel EC--S 00'26" 001 203 OK 22 01/31 15:07 RDA CTY DEVELMT G3--S 00'41" 001 203 OK 23 01/31 15:08 CHERIE MCCANDLES EC--S 00'30" 001 203 OK 24 01/31 15:10 CHERRY LRNE EC--S 00'31" 001 203 OK 25 01/31 15:11 POST OFFICE EC--S 00'38" 001 203 OK 26 01/31 15:12 208 888 1983 G3--S 00'31" 001 203 OK 27 01/31 15:13 ID PRESS TRIBUNE EC--S 00'26" 001 203 OK 28 01/31 15:14 208 888 6700 EC--S 00'25" 001 203 OK 31 01/31 15:18 208 387 6393 EC--S 00'25" 001 203 OK -------------------------------------------------------------------------------------------- MAYOR Robcrl D. Conic 1> LeaSe- 1~i };y P lJ-b-/,t tr fLclc ~ - 1htvrtlt-s! -:~~J~" LEGAL. DEPARTMENT t.~.~,~.; 'I<: (208) 288.2499. F::lX 288-2501 ~ P f CITY OF &~~. ... PARKS & RECREATION '-./VL erldian~~~:: '\ (208 8:~-~:~~ :~:~:8'5S01 JD^HO .' (208) 1198-5500 -F;J.JC 887-1297 , ;,Y ~~ .b,Y BUILDING DEPARTMENT .P" (208} 887-2211 . F::lJC 887-1297 ," '! r;g~ PL.ANNING AND ZONING (208) 884-5533 . F:l~ 888.6854 CITY COUNCIL MEMBERS Tllmmy dcWeerd WiIIi:Jm L. M. N:uy Cherie McCandless Keilh Bird NOTICE OF PREaCOUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GiVEN that the City Council of the City of Meridian wilt hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, February 4, 2003 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the reoular ~~hprllll-=-n f"ihl ('''''. ,......i1 ( ** COMMUNICATIONS REPORT ** AS OF JAN 31 '03 15: 19 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0032 SEND 00014'05" RECEIVE 0006 RECEIVE 00003'29" DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:I STATUS 01 01/31 10:02 3810160 EC--R 00'57" 001 191 OK 02 01/31 11:04 +2083845788 EC--S 01'00" 003 192 OK 03 01/31 12:07 208 888 2882 G3--R 02'32" 005 194 OK 04 01/31 14:41 208 388 6924 EC--S 00'24" 001 195 OK 05 01/31 14:42 2088886854 EC--S 00'21" 001 196 OK 06 01/31 14:42 208 388 6924 EC--S 00'25" 001 197 OK 07 01/31 14:43 208 388 6924 EC--S 00'24" 001 198 OK 08 01/31 14:53 3810160 EC--S 00'36" 001 203 OK 09 01/31 14:54 PUBLIC WORKS UF--S 00'17" 001 203 OK 10 01/31 14:55 12084664405 EC--S 00'27" 001 203 OK 11 01/31 14:56 8841159 EC--S 00'26" 001 203 OK 12 01/31 14:57 2088840744 EC--S 00'26" 001 203 OK 13 01/31 14:58 2088467366 EC--S 00'26" 001 203 OK 14 01/31 14:59 8985501 EC--S 00'26" 001 203 OK 15 01/31 15: 00 LIBRARY EC--S 00'32" 001 203 OK 16 01/31 15:01 92083776449 EC--S 00'26" 001 203 O~< 17 01/31 15:02 208 388 6924 EC--S 00'31" 001 203 OK 18 01/31 15:03 2088886854 EC--S 00'26" 001 203 OK 19 01/31 15:04 KEITH BIRD EC--S 00'25" 001 203 OK 20 01/31 15:05 8950390 EC--S 00'26" 001 203 OK 21 01/31 15:06 Laurel EC--S 00'26" 001 203 OK 22 01/31 15:07 ADA CTY DEVELMT G3--S 00'41" 001 203 OK 23 01/31 15:08 CHERIE MCCANDLES EC--S 00'30" 001 203 OK 24 01/31 15:10 CHERRY LANE EC--S 00'31" 001 203 OK 25 01/31 15:11 POST OFFICE EC--S 00'38" 001 203 OK 26 01/31 15:12 208 888 1983 G3--S 00'31" 001 203 OK 27 01/31 15:13 ID PRESS TRIBUNE EC--S 00'26" 001 203 OK 28 01/31 15:14 208 888 6700 EC--S 00'25" 001 203 OK 29 01/31 15:15 3810160 EC--S 00'32" 001 204 OK 30 01/31 15:16 PUBLIC WORKS UF--S 00'13" 001 204 OK 31 01/31 15:18 208 387 6393 EC--S 00'25" 001 203 OK 32 01/31 15:19 12084664405 EC--S 00'23" 001 204 OK ; i I ( ** TX CONFIRMinION REPORT ** AS OF IAN 31 '103 15:37'. .HGE.e1 CITY OF MERIDIAN DATE TIME TO/FROM MODE M IWSEC PGS CMDll STATUS 01 01/3~ 15: 20 8841159 EC--S 00'23" eel 204 OK 02 01/31 15:21 2088840744 EC--S 1010'22" eel 204 OK 03 01/31 15:22 2088467366 EC--S 010'22" 001 204 OK 04 01/31 15: 22 8985501 EC--S 0B'22" 001 204 OK 05 01/31 15'23 LlBRARY EC--S 0B'25" 001 2B4 OK 06 01/31 15:24 92083776449 EC--S 00'22" 001 2El4 OK 107 El1/31 15'25 208 388 6924 EC--S 00'25" 001 204 OK 08 01/31 15:26 2088886854 EC--S El13'21" 001 2134 OK 09 01/31 15:27 KErTH BIRD EC--5 00'21" 001 204 OK 10 01/31 15:28 8950390 EC--S 00'22" 001 204 OK 11 01/31 15:29 Laurel EC--S 013'23" 0Ell 204 OK 12 131/31 15:30 2138 387 6393 EC--S 100'22" 001 204 OK 13 01/31 15:31 ADA CTY DEUELMT G3--S 00'40" 001 204 OK 14 011'31 15'32 CHERIE MCCANDLES EC--S 00'27" 001 204 OK lS 01/31 15'33 CHERRY LANE EC--S 00'25" 001 204 OK 16 01/31 15:34 POST OFFICE EC--S 00'32" 001 2El4 OK 17 01/31 15:35 208 888 1983 G3--S 00'29" 001 204 OK 18 01/31 15:36 ID PRESS TRIBUNE EC--S 00'22" 001 204 OK 19 101/31 15:37 208 888 67El0 EC--S eEl'21" B01 204 OK p Wt~ ?O)<t JW tpu..bG.c.. "1Lo.f-.;&.. - 11Ul/Vl~$! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 4, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Tabled from January 21, 2003: Discussion { Decision on MUBS Billing Directive: (5 minutes) 4. Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): (25 minutes) 5. Discussion of City of Meridian Initfated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muilwoods Subdivision, 5.3 acres at Ranchos Los Altos SUbdivision, and 8.64 acres east of Bremerton Subdivision: (10. minutes) 6. Discussion of Administrative Lot Spilt Ordinance: (10 minutes) 7. Discussion of Open Vision Fencing: (5 minutes) . Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Mcridiut CiryCoun'~ Ac<>>dl.- F<bfuary4. 2003 PI~.l ofl All rnat<:rW< pt.""l<<l &l pUbU. m..,.;>>t> oNIJ b_ FOl'crlyofthoCl1y ofMeridi... AnyoniO: diesiriD.t lCl':ommodaiict'i for ~ili.1it1l f'l:liIl.:d tQ dcx:umenl$ And/crhwings pi.... .otO" Ill, City Clotk..Ofli.... 81i-1<133 otl...t4$ houro priOf to Ill. pUbl;. "",'in&- ** TX CONFIRI'l-lTION REPORT *>i< ( AS OF FEB 04 'e3 22,eb .,oAGE.02 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS e3 02/04 22'29 3810160 EC--S ee'33" 001 237 OK 04 02/04 21:30 PUBLIC WORKS UF--S 00' 14" 001 237 OK 05 02/04 22:31 12084664405 EC--S B0'24" 001 237 OK 06 02/04 21:32 8841159 EC--S 130'24" 002 237 OK 07 02/04 21:33 2e88S40744 EC--S 0<1'22" 1301 237 OK l38 02/04 21:34 2088467366 EC--S 00'23" 001 237 OK 09 02/04 22'35 6985502 EC-S (10'23" 1301 237 OK 10 02/04 21:37 92083776449 EC--S 00'22" (lel 237 OK 21 02/04 21: 37 208 38B 6924 EC--S 00'25" 001 237 OJ< 22 02/04 21: 38 2(188886854 EC--S 00'22" e0l 237 OK 13 e2/04 21: 39 89503913 EC--S e0'23" e01 237 OK 14 02/134 21:40 200 387 6393 EC-S 00'22" 013l 237 OK 15 <12/04 21;41 ADA CTY DEVELMT G3--S 013'41" ee2 237 OK 26 02/04 21: 42 CHERRY L.ANE EC-5 00'27" 1301 237 OK 27 02/04 21:43 POST OFFICE EC--5 B0'33" e02 237 OK 18 02/e4 22'44 208 888 2983 G3-S (10'30" 002 237 OK 29 132/04 22:45 JD PRESS TR]BUNE EC--5 00'23" 0el 237 OK 20 02/04 21' 46 208 888 6700 EC-S (10'23" 002 237 OK 27 02/0422:00 LIBRARY ---5 00'00" 0e0 237 BUSY TH]S DOCUMENT ]S STILL ]N MEMORY ------------~---------------------------------------------~--------~------------------------ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA 1. Tuesday, February 4, 2003 at 6:00 p.m. City Council Chambers Roll-call Attendance: L Tammy de Weerd _~ Bm Nary +- Chene McCandless ~ Keith Bird + Mayor Robert Corrie Adoption of the Agenda: arr-o~ Tabled from January 21, 2003: Discussion I Decision on MUSS Billing Directive: j9r.ej(!.'>..C. (}uJ%/c N4/L/)1.fJ ( ()Y"dh.~ (5 minutes) Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): . ~ '7 (25 minutes) ~ wi.-A'I /}~ 11- I ').Pt7.;> 2. 3. 4. s. Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of 8remerton Subdivision: (10 minutes) <<-p,o=-- 6. Discussion of Administrative Lot Split Ordinance: (10 minutes) ~~d. ~ ,'tv- 12.. ..... ~rJ"'-la-r- q:J'l~<l....... Discussion of Open Vision Fencing: . (5 minutes) puvli'd *' ,'k.",- 1'3 0"- ~j.JoA.. '\Y-^~ 7. 'Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Me"""" City Council All"''''' - F<l>tlW}' 4. 200, POt" I .f 1 NI m.",..I. pm.ornod" pl>hlio ""cU~ <hall be<om<prcpa\y ol"lllo Cily .rM",di"" J\.r.IYoJnll' dtsirint JlCCOl:DID:Od.1t5on. [er dUtLbilitit-& Nl.lltd to dl'lcumrntl ~dlol' h~lrinC9 pll';~~o. ~..Aet the. City CJftk.. Offic":-.lt YBR-4433 at kart 42 b,c.\.l,t; prior to \he- 'Pub-He medint< MAYOR Robert D. Corrie ~~ ~~.~ .~--~ clfe;;dl~~ \ '" IDAHO )~ A Y "'~ ..?c . .<:~ /" R.~Q'.ce ~, a03 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208888-3579. Fax 898-5501 PUBLIC WORKS (208) 898-5500 .Fax 887-1297 BUILDING DEPARTMENT (208) 887-22[[ . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L M. Nary Cherie McCandless Keith Bird NOTICE OF 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 4, 2003 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Tabled from January 21, 2003: Discussion / Decision on MUBS Billing Directive - Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision) - Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8. 6 acres at Muirwaods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremertan Subdivision - Discussion of Administrative Lot Split Ordinance - Discussion of Open Vision Fencing The public is welcome to attend the meeting. DATED this 31st day of January, 2003. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Oft1ce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 MAYOR Robert D. Corrie ;.~ J!~ .."-~. ,;'(~.:rf'\~1?_':' ;~ ~i;j1~fl. ~ ~ CITY OF !_. .:,;..z'.'.. " .. "- - "" erldian"-- l; '\ ~ IDAHO l A ./.-y ,j,~c R'~~ \ 1903 LEGAL DEPARTMENT (208) 288.2499 . Fax 288.2501 PARKS & RECREATION (20& 888.3579 . Fax &98-550 I PUBLIC WORKS (208) 898-5500 .Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, February 4,2003 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Tabled from January 21, 2003: Discussion / Decision on MUBS Billing Directive - Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision) - Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerlon Subdivision - Discussion of Administrative Lot Split Ordinance - D;scussion of Open Vision Fencing The public is welcome to attend the meeting. DATED this 31st day of January, 2003. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888.42[8 . Human Resources Fax (208) 884-8723 MAYOR Robert D. Corrie ';*~J~>:' l~ _ ,,'..i!,J..('.;, 'll' ~-^;... 1\lr',-"; j."" ~ P /' CITY OF i~~'3;~. _ "'" VYLerldlt:rn i; \, ~. IDAHO I~ ,;.. Y ~~ / 'h, .~Q'HCE \ 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288.2501 PARKS & RECREATION (208 888.3579 . Fax 898.550 I PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887 -1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tummy deWeerd Willimn L. M. Nury 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 Half, 33 East Idaho, Meridian, Idaho, on Tuesday, February 4,2003 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Tabled from January 21, 2003: Discussion / Decision on MUBS Billing Directive - Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision) - Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision - Discussion of Administrative Lot Split Ordinance - Discussion of Open Vision Fencing The public is welcome to attend the meeting. DATED this 31st day of January, 2003. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888.4433 . Fax (208) 887-4813 . City Clerk Ofl1ce Fax (208) 888-42 I 8 . Human Resources Fax (208) 884-8723 c),c> 1Jre-&0YL~t 02-o1~o3 J~ ,'to. es Memo To.: Mayor & City Council Brad HawkinS-Clark~~L From: RECEIVED JAN 3 1 2003 City Of Meridian City Clerk Office CC: City Clerk, Gary Smith, Brad Watson Date:: January 31, 2003 Re: Area of City Impact Boundary Adjustments The purpose of this Pre-Council agenda item is to discuss the City Council's position on the potential release of approximately 17 acres within our Area of Impact to Boise City and the potential acceptance of approximately fIVe (5) acres from Boise City into Meridian's Area of Impact. The attached map shows these three areas. Initial discussions have been held between the Public WorKs staff of both Meridian and Boise City regarding the serviceability of these areas. The recommendations are primarily based on the ability of each municipality to serve the lots with sanitary sewer. At their December 3,2002 meeting, Boise City,Council held a public hearing on the Ranchos Los Altos and Muir Woods Subdivision lots. Hovvever, they removed the applications from the agenda due to the fad that the City of Meridian had not formally acted on the lots currently within Meridian's Area of Impact. The 8.6 acres east of Bremerton Subdivision (between Victory Road and Amity Road) were not addressed by Boise City but would be a part of a City of Meridian-initiated application. If City Council directs staff to proceed with the application to amend the Area of Impact, we will set the applications for a Planning & Zoning Commission hearing. Per Idaho Code 67 -6526.e, the Commission must make a recommendation to the governing board and then, after the Council's action, a renegotiation meeting is held with Ada County on the new boundary. 1 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 4, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: 2. ~ Tammy de Weerd ~ +- Cherie McCandless 0 --+-- Mayor Robert Corrie Adoption of the Agenda: Bill Nary Keith Bird 3. ~v.e.- Tabled from January 21, 2003: Discussion I Decision on MUBS Billing Directive: jJr<f!jJcVI...L jk&U, c /LetfA-/A~ ( ordh-..~ (5 minutes) 4. Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): . 'a- (25 minutes) -la-f;ee ~{ !JUV1-t/I,-II-/ 'J,t?1?3 5. Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision: (10 minutes) ~jiJjJrt:JVbL- 6. Discussion of Administrative Lot Split Ordinance: (10 minutes) jn-()v.e>~<. k /~ /2- ~ heJ.!-devr- t'iY-i!.-LctA- Discussion of Open Vision Fencing: . (5 minutes) /~:>I/~d 7-0 17e~"h- 13 0(1.. ~ J""IaA- ct.,ye,,-c&:\..- 7. * 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 4, 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 .' .~ ~f:-' ';0"f%'ft..; ~~'~h;:~r~ .~ clfe;dl;~~C: \ ,~ IDAHO /; .A y ~~ '" / -'n- 0 1I~"S!NCf \ 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 t PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 .Fax 887- [297 BUILDING DEPARTMENT (208) 887-22t [ . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fa;.; 888.6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, February 4, 2003 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Tabled from January 21, 2003: Discussion / Decision on MUBS Billing Directive - Tabled from January 21,2003: Discussion of Lee Centers Project (fka Powder River Subdivision) - Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision - Discussion of Administrative Lot Split Ordinance - Discussion of Open Vision Fencing \\ \ ullllll/lI / I f \\\ c: Mr- III v.'\ -0,( Of cFfID, 11111 The public is welcome to attend the meeting. ~.. ~ '4.. "'i 2'.... C; c,oI'PORI'f h '1; ~ 2 ~ ~ ~ DATED this 31st day of January, 2003. ~ ~ = ~ - ~ - ~ = ~ - ~- ~ 'Yc, Q ~ . GIG< "Qi 0 $ , ~ '" ;; ~I' \{)'{' ,,~ I, CbU'rrv '\ """ I", ,'~ t l' \\" 33 EAST IDAHO. MERIDIAN. IDAHO 83642 '''Ii:;,~.,! (41\\\\\\\ (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 January 31, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT February 4, 2003 ITEM NO. .3 REQUEST Continued from January 21, 2003: Discussion 1 Decision on MUBS Billing Directive: AGENCY COMMENTS CITY CLERK: See Previous Item Packet 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: / ~ ,-:~ J;vf'(}/f" tUVI Y \J {fV 'U ~ p~ (J l"'0' ('I See Attached Memo from Leslie Howard, MUBS Manager OTH ER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED JAN 3 1 2003 City Of Meridian City Clerk Office MEMORANDUM January 29,2003 To: Honorable Mayor & City Council From: Leslie Howard, MUBS Manager Re: Utility Billing Directive On January 27,2003, I met with Gary Smith and Rick Clinton to discuss the concerns of Mayor & City Council of keeping the billing directive as well as discuss the suggestion of assessing a fee to pay for our efforts in administering the billing directive brought forward by Bill Nichols. The MUBS staff conducted a survey to find out if other utilities charge a connection fee; Idaho Power charges $15.00 to go and read the meter at the time the customer moves out. If they turn the power off at that time they will charge $15.00 more to go back and turn it on. Intermountain Gas charges a $14.00 initiation fee, this charges covers a technician taking the call to go to the residence and turn the gas on and light any pilot lights. Owest charges a $30.00 hookup fee to start service. At this time the MUBS department currently has 417 billing directives on file that we are honoring and prior to the elimination of the billing directive we had approximately 800 active billing directives. If MUBS were to assess a fee for the billing directives, we recommend a $35.00 charge be assessed to the property owner or renter to compensate for time and wages of the staff and alleviate this program from being subsidized by other city residents. This fee was determined using the turn off fee increase study from July 2002. We have calculated it will take 15 minutes of MUBS time per billing directive and two trips of a water department employee; one to read, turn off and lock the meter and one to re activate service. A concern of Councilman Nary was the amount of people that were lodging complaints, if it was a few very vocal people or many. Unfortunately the MUBS department does not have sufficient data to report to council since we did not foresee that we would be addressing this issue after the decision was made to eliminate the billing directive. In conclusion, the MUBS department feels that this is a good customer relations to provide this service for our property owners, property management companies and renters. Respectfully Submitted, Leslie Howard, Manager Municipal Utility Billing Services March 28, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST April 1, 2003 ITEM NO. Approve minutes of February 4, 2003 Pre-Council Meeting 3-B 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~vJ- Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 4, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless 0 X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Tabled from January 21, 2003: Discussion I Decision on MUBS Billing Directive: Prepare Public Hearing and Ordinance (5 minutes) 4. Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): Table until March 11, 2003 (25 minutes) 5. Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision: Approve (10 minutes) 6. Discussion of Administrative Lot Split Ordinance: (10 minutes) Move to Item 12 on Regular Agenda 7. Discussion of Open Vision Fencing: (5 minutes) Move to Item 13 on Regular Agenda * 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 4, 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. Meridian City Pre-Council Meetina February 4. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, February 4,2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Bill Nary, Tammy de Weerd, and Cherie McCandless Members Absent: Keith Bird Others Present: Bill Nichols, Mike Worley, Gary Smith, Brad Hawkins-Clark, Kenny Bowers, Joe Silva, Rick Clinton, Leslie Howard, Brad Watson, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless 0 Keith Bird X Mayor Robert Corrie Corrie: I will open the Pre-Council Meeting Tuesday, February 4, 2003 at 6:00 P.M. Roll call attendance please Mr. Berg. Item 2. Adoption of the Agenda: Corrie: Okay the next is the adoption of the agenda. Any further discussion on that? De Weerd: I have none. Corrie: Okay, I'll entertain a motion then on the agenda adoption. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I would move that we adopt the agenda as printed. McCandless: Second. Corrie: Okay motion made and seconded all in favor say aye. All ayes motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Tabled from January 21,2003: Discussion I Decision on MUBS Billing Directive: Meridian City Pre-Council Meeting February 4, 2003 Page 2 of 17 Corrie: The third item is tabled from the January 21, 2003. It was Discussion / Decision on MUBS Billing Directive. Who is doing the MUBS Gary? Smith: Thank you Mr. Mayor and Council Members. I believe that you have in your packet a memorandum from Leslie concerning some additional information on this subject. If you have any questions beyond the information that she's provided to you Leslie is here tonight to help answer those and Rick Clinton is also here. Nary: Mr. Mayor. Corrie: Yes Mr. Nary. Nary: Gary one thing I noted in Leslie's memo and whoever you think is the right person to answer but it appears to me we've cut the amount of billing directives almost in half in about six months. From 800 to 417 so we've significantly reduced it and I guess I'm still not convinced by this memo that people won't get used to it like anything else they'll get used it and then they're never going to get 100 percent satisfaction anyway. Smith: Right. Nary: But that people will get used to it and instead of stopping it and now allowing it to essentially creep back up again even though we may consider collecting a fee for it we're just going to perpetuate the same problem. The problem a year ago was staff time. We're going to have to always readjust the fee to try to recoup staff cost. Smith: Yes. Nary: We're going to have to revisit the fees yearly. We would have to revisit the directive periodically. I think that was another issue that was raised before was that we don't always know when the property transfer and the sole from one person to another so we have to revisit these periodically. Again creating more staff work versus now where we've cut it in half by just eliminating it entirely. I just - I guess I just have a hard time thinking that year from now we wouldn't have it cut in half again. Eventually we would eliminate it entirely and where would we be bad off by doing that. Smith: Thank you Mr. Nary I think those are good questions. I'm going to turn that over to Leslie because she's had kind of first hand information with it. Howard: Mayor and Council I agree with you. We were brought here to address Mr. Horton's questions when he brought bringing the billing directive back before you. Yes, I belive bringing the billing directive back would eliminate a lot of the problems with the property management companies and some of the property owners. Yes, we have cut them in half however we are still hearing some complaints from property management companies and property owners. At this time, we have asked them just to submit something to us in writing about their Meridian City Pre-Council Meeting February 4, 2003 Page 3 of 17 feelings on this. We're just going to stockpile these into a folder in case they're needed later on down the road. What I'm looking for tonight as well as my staff is just a decision on which way Mayor and Council would like us to go. We are prepared either way at this point. I'm looking for your opinion on this matter just to address Mr. Horton's concerns so that we can move forward. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Well I guess then I read your memo and your memo actually isn't just asking for an opinion it's requesting to change back with some other modifications to this billing directive thing. I guess, like I said I'm not convinced that we're not always going to have some people that are inconvenienced by the fact that they have to maintain the program themselves. That if we had been able to cut the amount of billing directives in half in less than six months then I still have a hard time seeing why that isn't a benefit to the city in itself the less staff time it takes to manage all the billing directive. Eventually, whether it's a year or two from now that we can eliminate them all then that seems to me would be allowing your staff more opportunity to do the other things of their jobs the collections and the likes and processing all of this stuff. As our user system grows it seems kind of dangerous to kind of create this more staffing even with a fee attached to it create more staff work necessary to manage these billing directives as the system grows larger. We would want to eliminate this because just managing the system and users in the billing and the processing all that of just the system itself it seems like that's only going to get busier. By adding this on top of it even with a fee that's just going to add more staff or more necessity for staff or more staff being stretched to their limits. Right now, we told Mr. Horton no. He didn't like it, but we told him no and we were fine with it. I don't know how many other people have made that request from you but again I'm not convinced that this is still in the best interest of the city to change back to a system that we were trying to eliminate to relieve the time it takes to mange it. Howard: Go ahead I'm sorry. De Weerd: I just wanted to make comment. I guess what I'm trying to ascertain from all of this is, is keeping public or customer service in mind what is the most efficient way we can do this. Now, this might take your staff more time but in the long run because of the number of complaints that you have stated you have had will it be actually less time or is it just a matter of the users getting used to the system. Then that will diminish over time the amount of staff you're using to address the concerns, the complaints and all of that. Ultimately, we just want an efficient process that is fair and accruable and the ratepayers do not end up subsidizing a program to provide customer service to these renters. I see it on both sides and I'm just not convinced yet which one is going to be most efficient and still achieve the goal of providing good customer service. Howard: Mayor and Council with doing - when we started eliminating the billing directive we did receive a lot of complaints. We could only come up with about Meridian City Pre-Council Meeting February 4, 2003 Page 4 of 17 20 property management companies and just a few off the top of our head as to customers that were complaining and asking for this to be reactivated. I'm looking at it from the customer service standpoint. Property management companies are now calling us asking us what their bills are faxing us a sheet of all the property addresses that they manage and we have to go into the computer and look these things up and send them to them if they didn't get the bill directed to them. We have reduced staff time a little but not totally on that. My standpoint is more customer service than anything. Corrie: Let me jump in here with my boots on. Having had the complaints come into my office coming across the hall and everything else my feeling of this is what we need to do as far as what the public wants and not necessarily what we always want. I think the service to the customers would be better served in the option one than option two just saying we're through you do it all and we're not. It's kind of a my way or the highway type thing and that's one thing I don't like about it. I think that if we're looking at it for customer service the option one will work. I hear some of the calls that's coming in here and I'm convinced that the option one that the customer service renter agreement will do the job. I don't like the idea like I just said that you do it our way whether you like it or not. That's where I'm coming from. I'm not going to get a vote here I can tell you that because we're not going to be tied but just so that you have my feelings on this that option one in my case and what I'm hearing from the public would be the best way to go. A lot of less headaches for MUBS and my department doesn't make any difference they calm down by the time they talk to me but they're still upset about it. I guess the only (inaudible) I've really heard from is Cherie's and have you got anything that you want to discuss? McCandless: Mr. Mayor J'm still trying to make up my mind. I guess I don't understand why it's so difficult. Why one doesn't just bill all the owners of the property and Jet, them worry about getting that money back from the renters. I've never understood why it was so difficult. Corrie: I guess you could do it that way. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Yes I mean I think the reason is is because we used to do it the other way and that's why there's - nobody was complaining from what I at least understood a year ago. The property owners weren't complaining by having this billing directive. What was told to us was that it was creating a lot of staff time in trying to manage all of these billing directives. My perspective is is that this system is only going to get larger. It's not going to get smaller. We've approved numerous multi-family dwellings so we're going to have more - this really deals a lot with especially apartment types of complexes and that's the type of property management things isn't that right. It's like apartments? Howard: No. Meridian City Pre-Council Meeting February 4, 2003 Page 5 of 17 Nary: Okay just property management of homes. Howard: Yes. Nary: Okay. As the rental market grows, property management companies find it very difficult to have to guess how much the water bill is and charge that, as their rent is the base thing. That's the way it was done before we did billing directives. They're only complaining because we've made it more work on their part. The reason we took it off the city was because the users are subsidizing the system because now with that alternative of what they're raising (inaudible) well we're going to charge the property manger they are the people who want this billing directive they're going to have to pay a fee for it. That way kind of striking that balance that at least, the users aren't paying for the system or even paying for this management system. Again, I don't see that it's - I guess to me ultimately the users of the system are not in option to the billing directive - the users of the system aren't subsidizing involved other than the cost of staff time to manage it. What I think we've heard both times from Utility Billing is that the staff time maybe as we have thought it would been significantly less it's just different. Instead of managing the billing directives, we're managing the phone calls. Is that fair or is that - Howard: Yes. Nary: -- we've transferred the work from one method to a different one. That's where I think was why they're asking is saying well instead of us having to have our staff manage all of these calls where people are very angry or bothered why don't we find this compromise which is this billing directive that they have to pay a fee for to then allow for some options. It's not free it has - it's not going to cost the users anything. I understand all of those things but to me when we've cut the amount of them in half eventually the objective was to eliminate them entirely. I think as people get used to it they'll get used to it. I recognize the Mayor's point is that we're trying to be customer service oriented as well and this kind of a compromise. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess maybe there's been a shift Mr. Nary in staff time but probably in a more unpleasant way. If the same amount of time is being expended, we certainly would like happier staff than - I guess - Nary: That would fall in the be careful what you ask for category. De Weerd: Exactly. We know how that can go huh. I guess one thing I would like to see if we could clarify. As you've seen both systems work now how - what is the end result? Is the collection or the payment of the water bill better one way or another or are they both the same as well? Meridian City Pre-Council Meeting February 4, 2003 Page 6 of 17 Howard: It was probably better with the billing directive because the tenant received their bill, they paid it and the only time we dealt with the property owner and tenant was when they were moving in or out of the property. I hope I understood your question. De Weerd: Well then I think if the payment seems to be a little bit more prompt or on schedule and we're providing better customer seNice and we're charging to compensate for the time it take which we weren't able to do the other way. We weren't recouping that staff time to take the complaints and that sort of thing then it just makes more sense to go back to the Utility Billing Directive. You have fine- tuned it so that there are - it will be more efficient we'll be compensated for the extra staff time it will take and we should be sensitive to the customer seNice that we're trying to provide. I would agree with your recommendation Leslie to try this again, reevaluate it, maybe after six months see if it's actually accomplishing the objectives that we would like it to do. If it is paying for itself and just, give it another chance. I guess that would be my recommendation. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess I would support that only if we were going to do a couple of things. We have a proposal and a policy change. I guess what I would find to be more consistent so that we can apply it more consistently. Then we also have a method to point the customers to as well as authorities so it isn't something that every time someone has heartburn we're going to have to revisit this at Pre- Council (inaudible) have an ordinance to establish what the process is, create the procedure and have an ordinance that we can put in our code. Then one, it helps the Billing Departments so that they can show the folks here's the city ordinance that determines what it is required here and is very clear in this ordinance and we have a fee structure. We can revisit the fees as necessary. We have a method to in which to do that but that way we just do this once be done with it and not have to - that it's clear in the structure is what it is. I think what's proposed here is real good I think it needs a little more discussion as to how often. Like I brought up how often do we want them to redo this? Do we just want people to redo it when they sell their property how are we going to know that? Do we rather do it annually that they have to come in annually to do it? Do we have on a notarized statement of ownership do we want proof of ownership how is that done? I think if we're going to do that I think we want to at least put it in our ordinance make it clear we do it once. We can have a Public Hearing if we want to it doesn't matter but rather than just doing it as a policy directive I think we do it as an ordinance but we flush out exactly what the protocol is and we put it all in the ordinance and just do it once. Corrie: It means less chance of having to change it all the time that's for sure. Nary: Exactly. Meridian City Pre-Council Meeting February 4, 2003 Page 7 of 17 Corrie: Mrs. McCandless. McCandless: Mr. Mayor I can go along with what Bill just said if that's what it takes. Corrie: Okay I think we're pretty well agreed we could use it. We just need to put it in a form of a motion how do we want to do this, make it an ordinance, and go with that form itself. Does anyone want to -- Nary: Mr. Mayor sure. I'll move that we move forward with this billing directive request by Utility Billing that they work with the staff and our City Attorney in presenting this in an ordinance form for adoption into the City Code. To include all of the protocol regulations necessary to enact this type of billing directive including a fee for the service. De Weerd: Second. Corrie: Okay motion been made and second is there any further discussion? Nary: I'm just going to add to the motion [ know that Mr. Nichols' office is very busy I don't obviously wanted the language very long but I'm not in a big hurry a month or six weeks or whatever is necessary to get that done is fine. Is that okay? Howard: Yes. Nary: If they know something is coming it's better than - Howard: Yes. Nary: -- since this would be a new fee we would have to advertise for the fee anyways so Mr. Berg pointed out we need at least two weeks to advertise for the fee anyway. Nichols: Mr. Mayor, Members of the Council I think we can get something together and then you can have your hearing on the proposed ordinances along with the fee schedule at the same time. We would probably provide that the fee would be set by resolution would be the one thing that's more easily changed than the ordinance in terms itself. Nary: So all I wanted to add was just four to six weeks is not a - not urgent but that way it give some timeframe so that we would have time to advertise. Corrie: Is that all right with the second? McCandless: Oh, you bet. Corrie: Any further discussion? All those in favor of the motion say aye. Opposed no. All ayes motion carried thank you. Meridian City Pre-Council Meeting February 4, 2003 Page 8 of 17 Howard: Thank you Mayor and Council. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Tabled from January 21 J 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): Corrie: The next item is tabled from January 21, 2003 the discussion with Lee Centers Project 25 minutes. I hope you guys can do it in that time because I'm going to cut you off. We've got three other things right after that so can you do it Clint? Boyle: I will do that. I'll just stop mid-sentence if I have to. Corrie: Okay you're on. De Weerd: Just three minutes or less. Boyle: Suggestion though it's only a suggestion. Good evening Mayor and City Council Members Clint Boyle with Pinnacle Engineers 12552 West Executive Drive in Boise. I appreciate your time this evening. I'll get right to the point on this since I realize your time is limited. We had a discussion at the past City Council Meeting regarding a piece of property that is located on the east side of Linder Road approximately a half mile south of Victory. This particular property consists of a total parcel area actually there are three different parcels of 152 acres that is owned by Lee Centers. Currently, this piece of property is zoned RUT Rural Urban Transition in the County. There we go. Maybe we'll get there staff is pulling up a map. This particular piece of property has had an application before you in the past that was denied by the Ada County Board of Commissioners based on comments received from the City of Meridian mainly related to Wastewater Treatment Systems and other issues. What I want to emphasize tonight is that what we put in front of you and what Gary Smith has put in front of is several different scenarios. We've worked very closely and have spent many hours with your staff in working on the issues surrounding development of this particular piece of property. We've met with the Planning Department with Public Work's on several occasions. We've also met with the County we've met with the Fire Department, Fire District Committee Meetings and if - we tried to work out as many issues as we can. That's why we're here in front of you tonight because Mr. Centers obviously this time around wants the city to be comfortable with whatever he presents to Ada County so that he will have a good feasibility in getting the project approved. With that, I want to jump into the scenarios real quick. In the spreadsheet, that I passed out is essentially a synopsis of some of the comments that Gary Smith has provided to you in the scenario sheets that he provided to Council. Nary: Mr. Mayor. Corrie: Mr. Nary. Meridian City Pre-Council Meeting February 4, 2003 Page 9 of 17 Nary: Mr. Boyle I-don't mean to cut you off but I guess one of the things - you know that the information we received from Gary Smith we just got today? Boyle: Right. Nary: Mr. Bird isn't here tonight and probably will be in a couple of weeks. I don't necessarily want to put Mr. Centers off necessarily either but this is a fairly significant project for the City of Meridian it was the last time it probably will be this time. I don't want you to waste your time and have to go through this again but I do think I guess for me I would like to have Mr. Bird's input. I don't know timing wise how that works for you or your client you wanting to put this off for three or four weeks but one I haven't had any opportunity to digest what you just handed as, as well as what Mr. Smith sent us. I really would like to have Mr. Bird's input and involvement in this as well. I would hope he'll be here within three or four weeks but - so I don't want to waste your time but I just want you to if you want to give us your spiel tonight you can and we're really going to want you to come back and talk whenever the rest of us - everybody's here. What are your thoughts is there a timing issue that is fairly critical? I don't want to put Mr. Centers behind anymore either. Boyle: What Council day I guess would we be looking at if we were to postpone this again is there a specific date that - Corrie: Well we would be looking at most likely either the 4th or the 11th. It depends upon his recovery. He would probably - four weeks would be a pretty good shot to take however, not foreseeing anything that can come down the pipe. If the Council, Mr. Nary, and I talked to some of the others, they would like to have all of us in on this because this is a very important scenario that you're doing. If you do it now you won't have the opportunity to do it again. We're looking at the 4th or the 11th with all medical procedures following in line. Now that's the question that we need to have you and Mr. Centers - can you hold off till that? If you can't you probably will have to anyway not saying that you don't but if they want all four Council people here then you will be that before (inaudible) anyway. You can come up here Lee if you want to talk to. (Inaudible discussion amongst Council Members) Nary: The 11th is probably the safest bet just because it's a little further. Corrie: Well knowing what I went through and I was younger than he is it - four to five weeks is necessary to really have the strength. Boyle: I'm back. Clint Boyle again for the record. Yes, I discussed that with Mr. Centers and obviously there - it doesn't sound like there is going to be any decision tonight. He still would like, since we're here to just present the scenarios to the Council that's here, maybe get any feedback on any items that are in particular interest to the members that are here tonight. We'll try to be Meridian City Pre-Council Meeting February 4, 2003 Page 10 of 17 brief tonight and then present to the full Council in a month or whatever is appropriate on the- Corrie: Okay it's up to I mean you've got to quarter till so you've got 15 minutes now. Boyle: Okay. The scenarios that you have in front of you I'm just going to briefly run through. What we put together are scenarios and we've worked again with the staff on these different options as well. They've developed some pros and cons from what the staff, also the developer sees, and then I have a spreadsheet just kind of summarizing that. Scenario Number 1 out on this particular piece of property would be the development of the property under the Rural Urban Transition at five-acre lot sizes. That is the standard dimensional standards per Ada County. Essentially, what you would end up with is a subdivision that consists of 30 lots that were five acres each. Now with that as far as the type of service provisions, out there water and sewer would be provided with individual well in individual septic systems on each lot. The ACHD requirements since these are over an acre and a half in size we would be allowed to develop it their rural standards which means that it would just be an asphalt section with barrow ditches on either side rather than your standard curb, gutter and sidewalk. As far as fire protection again, fire protection there would not be any sort of hydrant type system available for fire protection. This particular option minimizes the amount of infrastructure that the developer needs to place in the project. However, with that minimal amount of infrastructure the developer also doesn't realize is great of a return as he potentially could on something that was more of an urban type development. As far as the pros and cons to that to the City of Meridian, you know Gary Smith has listed some of the pros that we discussed with the City of Meridian. That the City of Meridian review time on the project would be fairly minimal and there really wouldn't be any cost to the City of Meridian for this. As far as the cons on that, five-acre development obstructs future extension of utilities in the area. It conflicts with the Land Use Plan and the goals and policies for urban type development in that area. The first scenario really I guess is probably the most detrimental out of all of these from the city standpoint as well as the developer doesn't want to have to perceive in that fashion if he can help it. The next scenario is an RUT cluster. Again, this is allowed with the existing zoning that's in place. Ada County allows you to cluster lots in an area in one area of the overall site and with that clustering of lots you can have double the number of dwelling units that you normally would get if you developed with five- acre lots. Therefore, we would end up with 30 buildable lots. Based on their standard regulations under the RUT cluster those lot sizes have to be between one acre, an acre, and a quarter. If we clustered those lots each lot would be roughly an acre in size and chew up 30 acres of land then the remainder would be in a reserved open space area, which is somewhat interesting right now because, Ada County is also amending their Zoning Ordinance that would - what essentially would happen there is that open space would be reserved open space until such time as there was a rezone to an urban zone. It actually - the proposed amendment that they have would not even require municipal or community services to be extended which has been the case in the past. Again, 30 lots one acre in size as far as the street sections again with this particular Meridian City Pre-Council Meeting February 4, 2003 Page 11 of 17 development under the Scenario 2 it still isn't at the urban type of standards. ACHD would require curb and gutter your standard street section but only require sidewalk on one side of the street. Again, that applies in ACHD's policy manual for lot sizes between an acre and an acre and a half. As far as fire protection, again with Scenario 2 the lots could be developed with individual well and individual septic systems that's with the cluster even. Again, fire protection you're not going to have the hydrant service available with that option either. You will not have - you'll lose the option of a community well, community water system and community sewer system potentially. Scenario Number 3 this cluster development that Mr. Smith has titled as community services and he's right. With that one, again this is another scenario that's allowed by the County Zoning Ordinance by the RUT zone. What it says is that a developer can come in, propose a smaller lot sizes, and come in with a more compact development if it's in line with what the city wants to see for densities in that area. Again, your Comprehensive Plan signifies this area as three to eight dwelling units per acre for single-family residential. This particular option the developer essentially would come in with a proposal at say eight to 10,000 square foot lots and again it would cluster. It would decrease the amount of land that's eaten up with the cluster development. With this type of development, the county requires the development to be on a community sewer system. Option Number 3 the difference is you can go to smaller lots in accordance with the cities Comp Plan but you do have to provide a community sewer system. Now they do not specify that you have to have a community water system so again depending on the size of lots that comes in, lets say Mr. Centers decided to utilize this option. He may actually be able to still provide individual wells and again that would be determined based on soil types and the size of lots. Obviously, if you got down to 8,000 to 10,000 square foot lots then he would have to go with a community water system that's Scenario Number 3. Scenario 4 would be a rezone of a portion of the site and that option is what's in front of you here on the exhibit would be something that would demonstrate that. Essentially, what would happen is there would be a rezone of approximately 17 acres to an R-4 zone and the remainder of the site would remain in an RUT designation. With that rezone the developer again would go in, put in a community well, community sewer system, you would receive your standard curb gutter and sidewalk type of facilities. With this as far as fire protection again with this option if a community well is designated then the developer would just provide a single point draft station, which essentially would be one connection point for the Fire District. If the city were to enter into an agreement which would essentially a first right of your refusal or an option on the well and have the developer construct that so that the city could take that well over in the future if they desired. Then there would be the option there to install your standard hydrant system out in that area as well. That's kind of briefly Scenario 4, which is an R-4 development now. I just want to expand on that real quick here I think I have about five minutes left is that right? Just to expand on that real quickly the city well option, which has been an option that has been discussed previously with this Council, is an option where the developer would be willing to enter into that agreement with the city. Obviously he needs to - the more lots that he can obtain within this area that more that he can spread his costs out if he's going to actually construct a well to city type standards. Again, he's proposing in the rezone 39 lots and then the Meridian City Pre-Council Meetfng February 4, 2003 Page 12 of 17 opportunity to come back before the city at a future point and propose further rezones of the property. The final option, which is Scenario 5, would represent the entire build out of the project. Let me just flip my map over. As you can tell this is the most colorful option. This particular proposal and this is just a rough representation of what it may look like would represent the full development of the project. What the developers indicated is with this development it would entail roughly 455 residential lots and if a Preliminary Plat were approved by the county for a development of this nature he would be willing to construct and dedicated the well to the city so there would be no cost to the city for that well. He would also be wiling to dedicate the park area and I just want to point that out. I don't have my pointer here so maybe I can swing this around. The developer is willing to dedicate in addition to that a park site, which would be in the eastern area of the subdivision. In addition to that, there is an existing easement that is a gas line easement it's all under ground. He has an BO-foot corridor over that area that he also has proposed as just open space or common lot. He would be willing to also dedicate that to the city so they would actually have a greenbelt pathway connection that would extend from Linder Road and could potentially tie into other areas further north that would give a nice greenbelt pathway right to the park in the east portion of the site. Now the advantage we discussed this with the staff and then that park location that he would be willing to dedicate to the city is somewhat central to the subdivision and there was some discussion that it would function more like a neighborhood park. The rea] advantage here is since it is on the border of his property on the east side down the road when further development occurs south of Meridian and parcels adjacent to this develop there would be the opportunity to obtain additional park land adjacent to this depending on you know what the city wanted to see. If they wanted that to be a larger park area within this particular area, that access is fairly easy access back to the park on the proposed collector street. That collector street can be modified to run to the park very easily. Again this is another option the - obviously with this proposed project if he came in with a Preliminary Plat there are constraints with the Black Cat Trunk Extension. The developer again realizes that yet he also realizes that he has been in the urban service planning area for Meridian for 10 years now based on the 93' plan and he just wants to be able to recover some of his costs in the land and then be able to move forward with the project. If he would have come in with something like this with this type of development and the city supported something like this he would enter into the agreements on the well to dedicate - construct and dedicate the well to the city. Enter in agreement for the park site of the potential greenbelt if the city desired it. Again, this would help to mitigate - I noticed the staff indicated that one of the cons was that they wouldn't receive any park impact fees. Well he would be willing to give them a park area with a greenbelt. Then the other item here is he would also be willing to enter into an agreement for annexation when the city was contiguous which could be recorded on the plat as well as in the CC&R's and any other agreements for the city. Finally, with this particular option he would be willing to have more of a slow managed growth if the City Council saw fit where he would even be willing to say slow the growth. To where he would only be allowed, to bring in a certain number of lots per year until such a time as either annexed or that Black Cat Trunk were available. Those are the scenarios that are out on the table and I know Gary outlined a lot of the pros and cons that Meridian City Pre-Council Meeting . February 4, 2003 Page 13 of 17 we've discussed. I appreciate the staff time that's gone into this I know they've worked on this quite a bit. I've had quite a few discussions with them on that and it sounds like we'll be back in front of you again but just wanted to at least present our case and hopefully get you thinking about the project a little bit. Corrie: Okay. Anybody have any questions right now? Let's schedule this as a come back time for Pre-Council presentation of March the 11th. COU ncil have any heartburn with that one? Okay great? Boyle: Okay. Corrie: Thank you very much appreciate your- Boyle: Can I just bring up one more point? If the Council had any other issues that they felt they want to discuss it would be nice to kind of know, get some input on what those were. I know we talked about fire protection at the last Pre- Council but if there are any other additional issues we've got some time here to check into them. Corrie: Okay I'll make it (inaudible) centralized that they can bring it to me. I'll see that you get it as soon as I get it. That will give you a chance to work it all in by that time. If the Council will just bring them to me, I'll see that you get them that same time. Boyle: I appreciate it. Corrie: We'll have them all itemized for you. Boyle: Okay thank you. Corrie: Thank you. Item 5. Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at MuilWoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision: Corrie: The next item is the discussion of the Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments. I guess that would be you Brad. Okay. Hawkins-Clark: Good evening Mayor and Members of the Council. You should have received a memo from myself dated January 31st that kind of summarizes the background on this. The Public Work's Departments of City of Meridian and Boise City met several months ago to discuss several properties along our eastern area of city impact boundary. Which ones mayor may not be serviceable by one or the other jurisdictions. That's sort of the origination for these specific parcels that I was going to talk to you about tonight. The Boise Meridian City Pre-Council Meeting February 4, 2003 Page 14 of 17 City Council - we have two properties and I'll just kind of point them out here on the screen. We have Overland Road on the north side and then Victory is in the middle of the screen - ***End of Side One*** Hawkins-Clark: -- Eagle Road is on the left and Cloverdale is the right boundary here. When the area of city impact boundary was created in 93' they basically just took a quarter mile from Cloverdale a quarter mile west and took a straight line at that quarter mile mark. Essentially, what was created was a couple of areas where the existing subdivisions were included in Meridian this MuilWood Subdivision is approximately a little over eight acres. There are several lots in there that are already being serviced by Boise City. They are part of MuilWood Subdivision a majority of which are of the lots are already annexed and in Boise City. The discussion there was just to - City of Meridian would release that 8.2 acres from our area of city impact and Boise City would then add it to theirs. There's a portion of Ranchos Los Altos it's just about a lot and a half. It's a little over a five-acre lot. It's a five-acre lot subdivision all of which is in our area of impact except for that one lot. Again because of that straight line it kind of chopped off that lot so that would be included potentially in Meridian's area of impact. Then Bremerton Subdivision is another Ada County Subdivision south of Victory Road about a quarter mile. There are 8.6 acres that the Public Works in their analysis looked at likely sewering to Boise City instead of Meridian. That would be another parcel release by Meridian. Boise City Council did discuss these or they had them on an agenda recently and generally aware and agree that staffs are in agreement that the city who's got the area of impact should go ahead and move ahead first with an application. [f the Council is comfortable with moving ahead with these, we'll prepare an application to release them. Boise City would proceed with the five-acre one that would come into Meridian. I did talk briefly with Mr. Nichols about the process on this and we are in agreement that the Comprehensive Plan would not need to be amended for the two that we're releasing since we would not need to designate a new classification or anything we can just adjust the area of impact. On the property that we would be taking in, we would of course need to amend our Land Use Map to designate it as a single-family residential in the Camp Plan so we would probably run that one through. There are a couple of others further north that are also divided by a property but because they are less than 300 feet in width we're allowed through the State Code to just at upon development that can go one way or the other whichever city has the greater half of a split parcel. As long as it's less than 300 feet, we don't have to do a formal area of impact adjustment. Anyway, we're just looking for basically a nod one way or another from Council on staff proceeding with these applications. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Brad maybe I missed what you said on this 42 acres here that was already okayed by Boise? Meridian City Pre-Council Meeting February 4, 2003 Page 15 of 17 Hawkins-Clark: No, no we are just at this point in time talking about the Muirwood Subdivision and the property east of Bremerton. Nary: These three. Hawkins-Clark: Those would - right. Nary: So currently the impact boundary line would - it goes straight down here and then we were basically wanting it to jog this direction, then back this direction over here and then jog that way. Hawkins-Clark: That's correct. Nary: Now are these the properties that I called you about in December because they were on the Boise Agenda at the time or is this a different one? Hawkins-Clark: Yes. Nary: Has this one been discussed with Boise then this 42-acre piece here? Hawkins-Clark: I have had just one discussion with Boise City staff AI Simmons and he is in the process of doing some research on their end as to confirming the issues with their Public Work's Department. Certainly we wouldn't have any action on that until they would de-annex and then adjust their area of impact should they go that direction. He has not given a firm direction yet. Nary: I know we've had some discussions about that 300-foot issue. Is that - do you feel that's pretty well decided? I know there's a state law that talks about the 300-foot difference when it's on either side of the boundary line. It's not - I guess it hasn't always been clear to me maybe it's clearer to Mr. Nichols as to when it's on the 300-foot issue and whether or not we have to go through any of this adjustment at all or it can just be done at the staff level or we're just not worried about that tonight. That's just on the other areas north is that right? Hawkins-Clark: Yes I was referring to just two properties that are north. They are about an acre a piece and it's you know if you have a single piece of property under singe ownership for example this piece here. Should the line come bisect it north and south if less than 300 was in our area then the whole property would go to Boise City. I've not heard anyone question that interpretation of that. In this case you know we're dealing with smaller lots that aren't bisected they're just completely outside of the area. Nary: Thank you. Corrie: Any other discussion? Nary: Mr. Mayor. Meridian City Pre-Council Meeting February 4, 2003 Page 16 of 17 Corrie: Mr. Nary. Nary: I guess I would make a motion that maybe we can between us and Boise get this on a list in a year, year and a half (inaudible) we've been through enough we should be able to get this done. I would move that we release those two pieces - those two parcels that are within our area of impact so that they can go to Boise, the County, and the rest of the process but that we approve the removal of the sections that are part of the Muirwood Subdivision. Then the sections as part of the Bremerton Subdivision to be released to the Boise area of impact. Do we need to do anything regarding the Ranchos Las Altos accepting that yet or do we need to wait till Boise releases that or would you like just to put that on the record now that we will accept it when it's released? Hawkins-Clark: Mayor and Council I would recommend we just wait until we receive the notice that Boise City has acted on their - Nary: Okay so my motion was simply then to release the 8.29 acres of Muirwood Sub and the 8.64 acres of Bremerton Sub to be released to move to the Boise area of impact. De Weerd: Second. Corrie: Motion been made and second is there any further discussion? Hearing none roll call vote Mr. Berg. Roll Call: Nary, aye; de Weerd, aye; McCandless, aye; Bird, absent. Corrie: All ayes motion carried. MOTION CARRIED: ALL AYES Item 6. Discussion of Administrative Lot Split Ordinance: Item 7. Discussion of Open Vision Fencing: Corrie: Council do you want to continue with 6 and 7 or it's kind of up to you? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: It looks to me if it would be all right that our agenda tonight is fairly short. If it would be alright with staff I would ask that we simply move 6 and 7 to the end of our Regular Agenda and then that would give us a couple of minutes to break before we could start the Regular Meeting on time if that would be all right. Corrie: Staff any comments? ( Meridian City Pre-Council Meeting .. February 4,2003 Page 17 of 17 Nary: Being that I would move that we move Items 6 and 7 from our Pre-Council Agenda to the end of our Regular Agenda of our Regular Meeting. They would become Items 12 and 13. McCandless: Second. Corrie: Okay motion been made and seconded any further discussion? Hearing none all those in favor say aye? All ayes motion carried. MOTION CARRIED: ALL AYES Corrie: With that I will entertain a motion then to close the Pre-Council Meeting and Agenda. De Weerd: So moved. Nary: Second. Corrie: Motion and made to second. All those in favor of the motion say aye. All ayes motion carried. We will be adjourned and we'll be back here in about one minute. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:59 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ROBE T D. CORRIE, MAYOR 4-1 / / {J.J DATE January 31 , 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT February 4, 2003 ITEM NO. '5 REQUEST Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision: 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: j1J 1/ f~ _ ./,(j~ IfV J j;u,f- /l-ri).~ /JJ /V r rv~ t& I U v Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MER Planning & Z ,...._.,-.-'-. "'.'-_.... '.-.".-.-.' j~t~j~:~i~~~lj~; . '"-",. ...... -.--. ,. .',.. '.. -. . ';'.::::"::-::,:::-~':-':::-i:'::-::}:::_::/ii-::(::'-:,.-.:':.:::::::'.";:,:.,:.:;',::')":-:':.::''-_:.:"-i.-::'':i:":'._ -: ,:,' .:.-,:,.; '.,'_':._.,:-, '0.--.- -":: :.":' '.-. '.::':.: . ....ii...J'~.'......i1UJ. .i./'5i. . ." -,. . ' - . .. .. .. . . ., .. '. Memo To: Mayor & City Council From: Brad HawkinS-Crark~\.\L cc: City Clerk, Gary Smith, Brad Watson Date: January 31, 2003 Rs Area of City Impact Boundary Adjustments RECEIVED JAN 3 1 2003 City Of Meridian City Clerk Office The purpose of this Pre-Council agenda item is to discuss the City Council's position on the potential release of approximately 17 acres within our Area of Impact to Boise City and the potential acceptance of approximately fIVe (5) acres from Boise City into Meridian's Area of Impact. The attached map shows these three areas. Initial discussions have been held between the Public Works staff of both Meridian and Boise City regarding the serviceability of these areas. The recommendations are primarily based on the ability of each municipality to serve the lots with sanitary sewer. At their December 3, 2002 meeting, Boise City Council held a public hearing on the Ranchos Los Altos and Muir Woods Subdivision lots. However, they removed the applications from the agenda due to the fact that the City of Meridian had not formally acted on the lots currently within Meridian's Area of Impact. The 8.6 acres east of Bremerton Subdivision (between Victory Road and Amity Road) were not addressed by Boise City but would be a part of a City of Meridian-initiated application. If City Council directs staff to proceed with the application to amend the Area of Impact, we will set the applications for a Planning & Zoning Commission hearing. Per Idaho Code 67-6526.e, the Commission must make a recommendation to the governing board and then, after the Council's action, a renegotiation meeting is held with Ada County on the new boundary. 1 -- l 1 .:. :...: -l~ ',.:.~:~:.~ :,: :..::: :-.,.i ': ;-,\,;. N o o t0N lI-......... O~ ......... 1"')01 1-.. eJ~ :r:<i: C/lCl b~cR.l-~ 'l::,,, e\\~..( \ .. Ftv>-..t \, ~o.r~-S\~p ~ >- u. Z o t5 ::> 0::: }j) 5 o b ffi b< 0 if~ z ::e- ::> _LL e::: LLOe:::O oUSwe::: tfj~~~ z ~oo(J)<t t-wW(.!)i5 LU ~~~~ ~ ~ a~~~ ~ ~ ~ ~ ~ co IE ~ I I : I I I : @@ (' ~ c- 1Jre -L!otvt1 ~ ( 02-o1~o3 J~ 1W. ~ Memo To: Mayor & City Council Brad Hawkins-cram~~L RECEIVED JAN 3 1 2003 C~ty Of Meridian Crty Clerk Office From: cc: City Clem, Gary Smith, Brad Watson Date: January 31, 2003 Rec: Area of City Impact Boundary Adjustments The purpose of this Pre-Council agenda item is to discuss the City Council's position on the potential release of approximately 17 acres within our Area of Impact to Boise City and the potential acceptance of approximately fIVe (5) acres from Boise City into Meridian's Area of Impact. The attached map shows these three areas. Initial discussions have been held between the Public Works staff of both Meridian and Boise City regarding the serviceability of these areas. The recommendations are primarily based on the ability of each municipality to serve the lots with sanitary sewer. At their December 3,2002 meeting, Boise City Council held a public hearing on the Ranchos Los Altos and Muir WocxJs Subdivision lots. However, they removed the applications from the agenda due to the fact that the City of Meridian had not fonnally acted on the lots currently within Meridian's Area of Impact. The 8.6 acres east of Bremerton Subdivision (between Victory Road and Amity Road) were not addressed by Boise City but would be a part of a City of Meridian-initiated application. If City Council directs staff to proceed with the application to amend the Area of Impact, we will set the applications for a Planning & Zoning Commission hearing. Per Idaho Code 67-6526.e, the Commission must make a recommendation to the governing board and then, after the Council's action, a renegotiation meeting is held with Ada County on the new boundary. 1 " ...; .......-.. be "'&J- .'\1:!.2 G-'- ?cF-'i' .. '. - .... ........ ; .....l.;. : I I I ~' ~ -- / iJ'o""dl'R.\.-~ ;;Z; L~j N 1:";)\eA\~..{' \ a ~ F()J~-J. \, ~cti4v,<rs'v;fJ - i[......~ s~ ~ .,"" .~ "':"'T"T..n': ., " .....!, , ! // ,__. i:'" '-'Tl"~")', ,Y!".c1if _.~ j \ ',.... . ,. ,rr" ,.." ' L 1i )1)- iT- \~.:.:J '; i' .\~ r")lLci i~ I T ,:L!~ :..;",. tLI;:l:Li __ ,-' ,1 T-fi ! t~" ,.....-, -. TT ~T"..i . ! I ;; ; ~JL .~ "- L.~;?' "- ........... If .~ _o- j -,~.;~ ' .. dtf~_ " J_. ,",t i . .. .- --'~~r: "'." ... -. ,,~;. liT ,J3~ ~t or>: b.- ;__rr~ES;~\ist:j i.. . ~ ,_ ti-"";~: (:'! \ Ej'-!~-:i:'t~-i;~~i1-'-'" ... j i ! Tn-) eiI. L 1"f'T) FIT ,- ., l:(:::~}# em:: i" cr-'",} CD? ... .. :Tti;:~: ..: F .. ;._--- ~<:)~ft ...,","'-;'4"" l.A :'~ W~ )\,1,,)...... 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I II . 1 i I j I ~ ('\/ o t<')~ LL' O~ t<')~ I- . w. wI=! :1:<( (/)0 January 31, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING February 4, 2003 APPLICANT ITEM NO. /.p REQU EST Administrative Lot Split Ordinance: 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: Contacted: ~.~cL fiS (')J-~ Date: Phone: Materials presented at public meetings shall become property of the crty of Meridian. January 31, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT February 4, 2003 ITEM NO. 1 REQUEST Discussion of Open Vision Fencing: 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 Ordinance ./ rJJ ~yV d()/ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ORDINANCE NO. 03- BY: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 12 CHAPTER 4 SECTION 10 J OF THE MERIDIAN CITY CODE, FENCE - VARIANCE PROCEDURE; PROVIDING FOR WAIVERS INSTEAD OF A V ARIANCE; PROVIDING FOR AN ADMINISTRATIVE REVIEW TO BE CONDUCTED BY THE PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE; AND DELETION AND ADDITION OF LANGUAGE; AND PROVIDING 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 Title 12, Chapter 4, Section 10 J of the Meridian City Code of the City of Meridian is hereby amended and shall read as follows: 12-4-10 FENCES: J. Waiver Procedure: If an owner or applicant desires to obtain a waiver from the provisions of this Section. there shall be a special procedure for requesting a waiver from these fence regulations which shall be as follows: Additionally, the Planning and Zoning Administrator has the duty and responsibility to review the facts and circumstances of each fence waiver application to determine, prior to granting the same, that evidence supports finding that the following conditions are met a. Granting the fence waiver will not result in any obstruction of the clear vision triangle at the intersections of streets; b. Granting the fence waiver will not compromise any public safety standards; and c. Granting the fence waiver will not result in ORDINANCE AMENDING THE FENCE ORDINANCE 1 / " conditions that will, more probably than not, place the public or emergency response personnel in potentially injurious situations. 2. Contents Of Application For Waiver; Fee: The owner or applicant shall file an application for a fence regulation waiver with the Planning and Zoning Department, with a copy sent to the City Clerk, which application shall state the following, and be accompanied by: a. Address of subject property. b. Name, address and phone number of applicant. c. Name, address and phone number of owners of the subject property. d. Proof of ownership. e. Legal description of subject property. f. Present use of subject property. g. Zoning of the subject property. h. Schematic drawing of the building and proposed fence. 1. List of the mailing addresses of all property owners (from authentic tax records of Ada County) within two hundred feet (200') of the external boundaries of the land being considered. J. Minimum requirements of this Title that need to be reduced to permit the proposed fence. k. An application fee established by resolution of the CounciL (Ord. 524, 4-3-1990; amd. Ord. 557, 10-1-1991 ) 2. Hearing; Notice: Upon receipt of the fence regulation waiver application, the Zoning Administrator shall see that notice is mailed by first class mail to all owners of property within two hundred feet (200') of the radius of the subject property. The ORDINANCE AMENDING THE FENCE ORDINANCE 2 Zoning Administrator shall not make a decision_sooner than fifteen (15) days after the mailing of the required notice and not more than thirty (30) days after mailing of the required notice. The notice shall indicate the substance of the application, the waiver sought by the owner or applicant, and include a copy of the schematic drawing of the building and proposed fence. The notice shall also state that any person to whom notice was sent, and any person affected by the proposed waiver may file a written objection to the requested waiver which objection must be filed with the Administrator no later than 15 days after the date of mailing. At hislher discretion) the Administrator may schedule a hearing on an application. When a hearing is scheduled, notice of the hearing shall be mailed to the applicant and any person who has filed an objection, not later than seven (7) days prior to the hearing. 4. Action after Administrator Decision: Upon reviewing the request for the fence regulation waiver, the Planning and Zoning Administrator or his/her designee shall either approve or deny or approve with conditions, the application for fence regulation waiver. The Administrator shall have the option at his/her discretion to set a hearing on the application. No written findings of fact shall be required but a written decision shall be sent to the applicant and to any party requesting written notification of the decision at the hearing. 5. Appeal: Any aggrieved party may appeal the decision directly to the City Council pursuant to subsection 11-15-7 of this Code. (Ord. 524,4-3-1990) 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 on the day of , 2003. ORDINANCE AMENDING THE FENCE ORDINANCE 3 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. Mayor Robert D. Corrie Attest: City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: No: Second Reading: Third Reading: 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: Z:\ Work\M\Meridian\Meridian 15360M\OrdinancesCity HaIl\200Z ORD\FENCE WAIVER CLEAN ORDINANCE 01 30 03.doc ORDINANCE AMENDING THE FENCE ORDINANCE 4 ( WHITE PETERSON KEvIN E. DINIUS JULIE KLEIN FiSCHER WM. F. GrGRAV, In T. GUY HALLAM' D. SAMl!ELJi,'HNSON WILLIAM A MORROW WILLIAM F. NICHOLS' CHRISTOPHER S. NVE WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A PEIERSON ATTORNEYS AT LAW NAMP A OFFICE ERlCA S. PHILLIPS 5700 E. FRANKLIN RD., ERlC S. ROSSMAN SUITE 200 TODD A ROSSMAN NAMPA, IDAHO &3653.8402 DA VIO M. SWAR1t.EY TEL. (208) 466-9272 PAMELA J. TARLOW FAX (208) 466-4405 TERRENCE R. WHITE" NICHOLAS 1.. WOLLEN 'Also admitted ill OR " Also admitted ill W A January 30, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03- , (Fence Ordinance for the City of Meridian) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance for the City of Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code S 50-901(A). Enclosure Z:\ Work\M\Meridian\Meridian] 5360M\OrdinancesCity HaU\2002 ORD\Berg Sum Ord for Fence Ordinance 01 30 03.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03- AMENDING SECTION 12-4-10 OF MERIDIAN CITY CODE (FENCE ORDINANCE) An ordinance of the City of Meridian amending Title 12 Chapter 4 Section 10 J of the Meridian City Code, Fence - Variance Procedure; to provide for waivers instead of a variance; providing for administrative review by the Planning and Zoning Administrator or designee; to provide for deletion and addition of language; to provide for appeals, severability, conflict) validity) savings clause, and providing for an effective date. This ordinance amends the procedures whereby a property owner can request a waiver of fence regulations relating to setbacks. Applications are submitted to the Planning and Zoning Administrator for review instead of being reviewed by a committee. The Administrator's decision may be appealed to the City CounciL A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of , 2003. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2002 ORD\FenceSUMMARYORD 01 3003.doc