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Home My WebLink About2003-01-14 CITY OF MERIDIAN .......... CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 14, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: --L Tammy de Weerd X ~ Cherie McCandless X' K Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: t'i,PJ:h"Cve.as~~ 3. Consent Agenda: A. Approve minutes of December 17,2002 Pre-Council Meeting: ti7pVlC--' B. Tabled from January 7, 2003: Findings of Fact and Conclusions of law for Approval: CUP 02-031 Request for a Conditional Use Permit for a Planned Unit Development for 25 single-family detached homes and 1 single-family existing home in an R-8 zone for proposed Moshers Farm Subdivision by CMD, Inc. - 895 North Ten Mile Road: C~Vl€.- C. Findings of Fact and Conclusions of Law for Approval: RZ 02- 005 Request for a Rezone of 0.8 acres from L-O to C-G zones for Anael Park Development by Farmers and Merchants State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: ~!;-roVltL. D. Findings of Fact and Conclusions of Law for Approval: CUP 02-034 Request for a Conditional Use Permit for a Pediatric Clinic on 1.22 acres in an L-O zone for Treasure Vallev Pediatrics by Treasure Valley Pediatrics - Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: t:~Jl)1Y't/V1<- E. Findings of Fact and Conclusions of Law for Approval: CUP 02-036 Request for a Conditional Use Permit for a multi-building officelrestaurant complex and Krispy Kreme drive-thru facility in an I-L zone for Treasure Vallev Business Park No.1 by Clark Meridian City Council Agenda - January 14,2003 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the publie meeting. Development -- southwest corner of North Eagle Road and East Fairview Avenue: o/~V'be.r F. Findings of Fact and Conclusions of Law for Approval: PP 02~ 024 Request for Preliminary Plat approval of 26 building lots on 17.83 acres in an I-L zone for Treasure Vallev No.3 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: CljPflY'ovu:,; G. Findings of Fact and Conclusions of law for Approval: CUP 02~039 Request for a Conditional Use Permit for a Care Center for up to 30 mildly ill children, ages two to ten years, staffed by nurses and certified nurses assistants for Sniffles 'n Sneezes Care Center by JC Anderson, Co. - 217 East Pine Avenue and portion of 834 East 2nd Street: clppvt!} v1.-C- H. Contract with HDR Engineering, Inc. for Geographic Information Systems (GIS) Preliminary Assessment Study: c~/Y'9YJo 4. Department Reports - jhA>A.L 5. (Items Moved from Consent Agenda) PVo It..-L.- 6. Ordinance No. tJ :3 .- 99'5' RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-Q zones for Cherry lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: dfPP1,i1l./ 7. Ordinance No. () 3 - 9'1 b RZ 02-004 Request for a Rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: ap JT1"'7r/'..G- 8. TE 02-008 Request for a Time Extension on the Final Plat approval for Sparrowhawk Subdivision by Sitzlar Real Estate Development - northeast corner of N. Nola Road and E. Franklin Road: '7r~ -fo 1-(.7-04- 9. FP 02-029 Request for Final Plat approval of 37 building lots and 6 other lots on 9.23 acres in an R-8 zone for Baldwin Park Subdivision No.2 by Capital Development -- north of West Ustick Road and east". of North Under Road: Clf.YJ?-n9V1e- 10. Continued Public Hearing from January 7, 20()3: CUP 02-033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an Q-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: t7-;-~'f Iv jir€(?t0-f!. .fl,fJ C!i( -/in... Cfl'f7rOI/a.0 Meridian City Council Agenda - January 14, 2003 Page 2 of 3 All materials presented at public meetings shall beoome property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please oonlact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Public Hearing: VAR 02-016 Request for a Variance from the Parking Ordinance and Landscape Ordinance for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: tt1ltrrN!tj Iv ?M~iVU I'/F <I el-e -;&1- ~(?prt/V.1'J!..,- Public Hearing: RZ 02.007 Request for a Rezone of 2.83 acres from R- 4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: L: _ L i<.-/frJ/71e"J -!-o jJnz~ -EIF.(~ cl-f T'rt apl7??va- Public Hearing: CUP 02-038 Request for a Conditional Use Permit for an in home daycare in an R-8 zone by Kathv Jordan - 410 East Edgar Court: dl;zf/cal7~ tvl-:YL~aWh..- /;:1 ajO;o,tJza-"..:t;- Public Hearing: RZ 02.006 Request for a Rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 W.. est Broadw~y Avenue: L _" /7 a-ffv-rt\..eq h fJrepc~ -f"/:t -i ell!. Te-r tpJPpv",<- Public Hearing: CUP 02.037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and ~733 West Broadway Avenue: dfrn-rterj fo fJl-y;t/~ ~ .f:- f! c!..f -hrr ~JilnPv~ Public Hearing: ZA 02-002 Request to Amend Zoning Ordinance 11-9- 2, Supplemental Yard and Height Regulations, to allow architectural encroachments to setbacks in residential developments by Wardle & Associates: 6tff7o \f1.e.. - p-r.e ~tVL.e.. M-dh-..~c.v City Council President Liaison Assignments: StVm..e ttS IS- - fU/ c/UVh.:}Ls (g. ~/)( U~1 fMJt~[I>v1t?4vt (oM-YJ-v,7/<<. 11. 12. 13. 14. 15. 16. 17. Meridian City Council Agenda - January 14, 2003 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accollllnocL1tioll for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. February 28,2003 MERIDIAN ClTY COUNCIL MEETING APPLICANT March 4, 2003 ITEM NO. ?)... ~ G. l REQUEST Approve minutes of January 14, 2003 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POllCE DEPT: ClTY 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: VV wyr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 14,2003 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 17, 2002 Pre-Council Meeting: B. Tabled from January 7, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02-031 Request for a Conditional Use Permit for a Planned Unit Development for 25 single-family detached homes and 1 single-family existing home in an R-8 zone for proposed M oshers Farm Subdivision by C MD, Inc. - 895 North Ten Mile Road: C. Findings of Fact and Conclusions of Law for Approval: RZ 02- 005 Request for a Rezone of 0.8 acres from L-O to C-G zones for AnQel Park Development by Farmers and Merchants State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 02-034 Request for a Conditional Use Permit for a Pediatric Clinic on 1.22 acres in an L-O zone for Treasure Valley Pediatrics by Treasure Valley Pediatrics - Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-036 Request for a Conditional Use Permit for a multi-building office/restaurant complex and Krispy Kreme drive-thru facility in an I-L zone for Treasure Valley Business Park No.1 by Clark Meridian City Council Agenda - January 14, 2003 Page] 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, Development -- southwest corner of North Eagle Road and East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: PP 02- 024 Request for Preliminary Plat a pproval of 26 building lots 0 n 17.83 acres in an I-L zone for Treasure Vallev No. 3 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: G. Contract with HDR EngineeringJ Inc. for Geographic Information Systems (GIS) Preliminary Assessment Study: 4. Department Reports 5. (Items Moved from Consent Agenda) 6. Ordinance No. RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: 7. Ordinance No. RZ 02-004 Request for a Rezone of 8.2 a cres from R-8 to C-G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: 8. TE 02-008 Request for a Time Extension on the Final Plat approval for Sparrowhawk Subdivision by Sitzlar Real Estate Development - northeast corner of N. Nola Road and E. Franklin Road: 9. FP 02-029 Request for Final Plat approval of 37 building lots and 6 other lots on 9.23 acres in an R-8 zone for Baldwin Park Subdivision No.2 by Capital Development -- north of West Ustick Road and east of North Linder Road: 10. Continued Public Hearing from January 7 J 2003: CUP 02-033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an O-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 E.ast Pine Street: 11. Public Hearing: VAR 02-016 Request for a Variance from the Parking Ordinance and Landscape Ordinance for Johann and RachaeJ Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: Meridian City Council Agenda - January 14,2003 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 andlor hearing please contact the City Clerk's Office at &&&.4433 at least 4& hours prior to the public meeting. 12. Public Hearing: RZ 02-007 Request for a Rezone of 2.83 acres from R- 4 to L-Q zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: 13. Public Hearing: CUP 02-038 Request for a Conditional Use Permit for an in home daycare in an R-8 zone by Kathv Jordan - 410 East Edgar Court: 14. Public Hearing: RZ 02-006 Request for a Rezone of 0.85 acres from I-L to Q-T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: 15. Public Hearing: CUP 02-037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: 16. Public Hearing: ZA 02-002 Request to Amend Zoning Ordinance 11-9- 2, Supplemental Yard and Height Regulations, to allow architectural encroachments to setbacks in residential developments by Wardle & Associates: 17. City Council President Liaison Assignments: Meridian City Council Agenda - January 14,2003 Page 3 of 3 All materials presented at public meetings shall become property oftlle City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetin~ January 14, 2003 The regular meeting of the Meridian City Council was called to order at 7:35 P.M., Tuesday, January 14, 2003, by Mayor Robert Corrie. Members Present: Robert Corrie, William Nary, Keith Bird, Tammy de Weerd, and Cherie McCandless. Others Present: William Nichols, Brad Hawkins-Clark, Gary Smith, Brad Watson, Will Berg, Ken Bowers, Mike Worley, and Dean Willis Item 1: Ro"~call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the City Council regular meeting on Tuesday, January the 14th, 2003, at 7:35 and we will have roll-call attendance, please, Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. Item NO.2 is adoption of the agenda. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we add to the agenda Item 18 as the discussion on the Mill Levy Adjustment Committee and that we move -- do we move the items now or do we move them after? De Weerd: Now. Nary: I guess I would also move that we move Item 13 up to -- I guess it would be Item 6, move it ahead of the ordinances or five -- Item 5. Make it Item 5. Bird: So it only comes with the Consent Agenda, because you got to follow the-- Nary: If we could just rearrange it, move Item 13 up before Item 6 and keep it Item 13 and we will move it up before Item 6, so we can take it after the Department Reports and I think that's alii had. I don't know if we had an issue about Item 3-D, if we have a report, on whether or not we stood continue that or leave it on the Consent Agenda. Corrie: Brad? r Meridian City Council January 14, 2003 Page 2 of 36 Hawkins-Clark: Mr. Mayor, Members of the Council, staff has not had an opportunity to review ACHD's report, so, I'm sorry, I can't speak to that. I -- typically, we would have had a chance to review, but tonight it's -- there may have been some modifications to the ACHD report that we would need to make to our findings, but I can't tell you that's the case on this, so -- Nary: 1st here any time concern if we were to delay that 0 ne week to give you the opportunity to do that? Is there any time concern you're aware of from the applicant if we were just to continue Item 3-D to our next meeting to give you the opportunity to do th at? Hawkins-Clark: I have not had discussions with the applicant about the time frame, so I do not know. Corrie: Well, you can delay it on the Consent Agenda or you can go ahead and approve it and bring it back, I mean if they find anything wrong. I believe Mrs. McKinna said she had looked at it and didn't find anything major on it, so whatever the Council wishes to do. Nary: Yeah. I guess I would not include that in my motion and we will leave that on. If there is a need to change that, I guess we can address that next week. So my motion is simply to move Item 13 up to -- ahead of Item 6 and that we add an Item 18. Bird: I second it. Corrie: Motion has been made and seconded for the adoption of the agenda with the corrections and additions. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of December 17, 2002 Pre-Council Meeting: B. Tabled from January 7, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02-031 ~equest for a Conditional Use Permit for a Planned Unit Development for 25 single-family detached homes and 1 single-family existing home in an R -8 z one for proposed M oshers Farm Subdivision by C M D, Inc. - 895 North Ten Mile Road: C. Findings of Fact and Conclusions of Law for Approval: RZ 02- 005 Request for a Rezone of 0.8 acres from L-O to C-G zones for AnQel Park Development by Farmers and Merchants State Bank Meridian City Council January 14, 2003 Page 3 of 36 - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 02-034 Request for a Conditional Use Permit for a Pediatric Clinic on 1.22 acres in an L-O zone for Treasure Vallev Pediatrics by Treasure Valley Pediatrics - Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-036 Request for a Conditional Use Permit for a multi-building office/restaurant complex and Krispy Kreme drive-thru facility in an I-L zone for Treasure Vallev Business Park No.1 by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: PP 02- 024 Request for Preliminary Plat approval of 26 building lots on 17.83 acres in an l-L zone for Treasure Valley No.3 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: G. Contract with HDR Engineering, Inc. for Geographic Information Systems (GIS) Preliminary Assessment Study: Corrie: Consent Agenda. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda as presented and authorize the Mayor to sign and Clerk attest the appropriate agreements. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussipn? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. All ayes. Consent Agenda has been approved. MOTION CARRIED: ALL AYES. Meridian City Council January 14, 2003 Page 4 of 36 Item 4: Department Reports Corrie: Item No.4, Department Reports. Do we have any Department Reports tonight? Item 5: (Items Moved from Consent Agenda) Item 13: Public Hearing: CUP 02~038 Request for a Conditional Use Permit for an in home daycare in an R-8 zone by Kathv Jordan - 410 East Edgar Court: Corrie: Okay. Hearing none, we will go right into Item No.5, A and B, then, that will be item No. 13. So at this time I will announce that we do have a letter from Mrs. Kathy Jordan that she is no longer -- she is withdrawing the application for a Conditional Use Permit for my home at 410 East Edgar Court, therefore, the Public Hearing is moot at this point, since there is no Conditional Use Permit. However, she has stated that she would -- is going to have the accessory use permit that she had before granted in 1997, that she still can have five children. So we will have the code enforcement officer make sure that there is no more than five children at that address tomorrow morning. I believe Mr. Nary had some comments, too, with this. Mr. Nary. Nary: Mr. Mayor, the only other comment I wanted to put on the record is that there have been some reports by the City Code Enforcement Officer in regards to the code violations that have occurred in regards to the use of this property during this time. That has been reviewed by our prosecuting agency. I wanted to clear up, because there is some misunderstanding as to why criminal charges at this juncture haven't been filed. Part of the reason was -- and that there was some discussion at the Planning and Zoning Commission -- is that because it was approved by the Planning and Zoning Commission, the prosecuting agency was waiting to see what this body was going to do, because filing a criminal prosecution charge that won't go to court for three or four months on an action that occurred in December that's approved by this Council in January, if that's what's to happen, wouldn't have much appeal towards a criminal prosecution case any longer. So that was the reason for the delay. There was some misunderstanding why this delay had occurred, but that's what was the reason for it, they were waiting for this body to take action. So now, again, we can take a look at it and make a decision on whether to proceed the violations that have occurred and, certainly, any further violations, as the Mayor stated, in regards to whatever permits are -- if any, are allowed at this juncture and we can decide to deal with that, again, with our code enforcement person for criminal prosecution. But I just want to make that clear, because I think there was some misunderstanding why that hasn't happened and it wasn't for any other reason than that they were waiting for this body to act, since the Planning and Zoning Commission approved it. So that's it. Corrie: Okay. So, unless you would like to stay for the meeting, we will not have 13 and the Public Hearing, but we'd like to have you stay anyway. If you have a mass exodus, we understand. But that's part of the process of the City Council. We get to stay and you don't have to, if you don't want to. Meridian City Council January 14, 2003 Page 5 of 36 Murray: Can I ask something? Bird: Yeah. I'll let -- yeah, go ahead. I mean we want to make sure you understand. Yeah. Come up here and just ask the question. Murray: I just wonder if-- Nary: State your name. Murray: Oh. Debbie Murray and I live at 455 East Edgar Court. I live across from Kathy. I'm just wondering that she's not following the laws on this the whole way through, I mean through the permits and all that, what is to say that the lord -- or the lord -- the code enforcement officer, when he goes there tomorrow, there is five children, and the next day she has her regular 12 back, what are we supposed to do about that? Corrie: Let us know. We will check. Murray: Just check? Corrie: It's not just a one day shot at this. We are very aware of what's she's done and so we want to make sure that she follows the rules and if she doesn't, then, we can cite her as we go along and the code enforcement officer has that authority now to do that, so I'm sure that there is enough people around that would be happy to give us a call. Murray: One more question. I'm pretty naive with this. I have never been here before at all. I voted for a lot of you, but I have never been here before. Corrie: You're always welcome to come back. Murray: Sorry. Is this to mean that Kathy is going to have her day care now? I mean does this go on again or will we be notified and -- Corrie: We don't know for sure if that accessory permit is still valid. Murray: Okay. Corrie: So we will look at that. If it's not, then, consequently, she can't do. that, but we don't know yet. Murray: But she's been doing it without -- Corrie: I know she has. Nary: And the permit allows only five. Meridian City Councll January 14, 2003 Page 6 of 36 Murray: Okay. And that's the whole thing with the criminal -- I don't want her arrested or anything, but I just don't want it there. So thank you for your time. I appreciate it. Corrie: Okay. Thank you very much. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess we could -- if the neighbors are interested in follow up, they can contact the Planning and Zoning Department and they can let you know what -- if the accessory use and that she can still watch five children or not. And, Brad, so you don't get calls tomorrow, how long do you think that that -- when do you think you might have an idea? Hawkins-Clark: I would say before noon there will be contact made by our code enforcement officer with the -- with Mrs. Jordan. So if -- certainly, if there are calls, the phone number is 884-5533 and we will have an update -- yeah, it certainly is available, but we will have an update, you know, if people are interested. But the clarification is that the Conditional Use Permit is withdrawn, so that at this point we are -- we will be looking into the accessory use permit I think through the attorney's office and, hopefully, get a ruling on that soon. That is, in part, depending on their schedule and how soon the city attorneys can determine if, indeed, that accessory use is valid from '97 when it was first issued, so -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, would it also be possible -- Mrs. Jordan is operating under an assumption, because of the discussion at the Planning and Zoning Commission meeting, about that accessory use permit and it probably would be reasonable and fair to at least put her on notice that that's being evaluated as to whether or not it is still valid. So that she doesn't get -- I recognize the people in this room would say she's continued and that hasn't made a difference to her anyway, but I think from the city's perspective, it would probably be fair to at least advise her that you, as well as the city attorney, is at least trying to determine whether or not that's still valid, as she believes it is, and that we will let her know that. Hawkins-Clark: Certainly. We will do that. Item 6: Ordinance No. RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Meridian City Council January 14, 2003 Page 7 of 36 Corrie: All right. Thank you very much. A II right. All right. The next item on the agenda is Ordinance No. 03-995. This is a request for a rezone of four acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church, 2511 West Cherry Lane. At this time I would like to have the City Clerk read Ordinance No. 03-995 by title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 03-995, an ordinance finding that the owner Cherry Lane Christian Church for certain real property has made a written request for rezone of the zoning classification to real property that lies within the boundaries of the City of Meridian from R-4, Low Density Residential District, Zoning District, to L-O, Limited Office District, as defined under Meridian City Code, Section 11-7-2G, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Okay. You have heard the reading of Ordinance No. 03-995 by title only. Is there anyone from the audience that would like to have this read in its entirety? Hearing none, I will entertain a motion, then, for Ordinance No. 03-995. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve Ordinance 03-995, a request for a rezone of four acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church, 2511 West Cherry Lane, with suspension of rules and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a rezone for Ordinance No. 03-995. Is there -- with suspension of rules, any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll - Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Ordinance No. 03-955 is approved. MOTION CARRIED: ALL AYES. Item 7: Ordinance No. RZ 02-004 Request for a Rezone 0 f 8 .2 a cres from R -8 to C -G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: Meridian City Council January 14, 2003 Page 8 of 36 Corrie: Next is Ordinance No. 03-996. This is a request for a rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No. 2 by Howell-Murdoch Development Corporation, west of South Locust Grove Road on East Watertower Street. At this time, Mr. Clerk, would you read Ordinance No. 03-996 by title only? Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No, 03-996, an Ordinance finding that the owners John Flaherty Construction, Inc., Sturgon Rockland Group, L LC, a nd Howell-Murdoch Development Corporation for certain real property, have made a written request for rezoning of the zoning classification for real property that lies within the boundaries of the City of Meridian from R-8, Medium Density Residential District -- Zoning District, to C-G, General Retail and Service Commercial District, as defined under Meridian City Code Section 11-7-2K, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Thank you. You have heard the reading of Ordinance No. 03-996 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain amotion on t he request for 0 rdinance No. 03-996 by Murdoch Subdivision NO.2. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance No. 03-996, a request for rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No.2, west of South Locust Grove and East Watertower Street, with the Mayor to sign and the Clerk to attest and suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance No. 03-996. Any further discussion? Hearing none, roll-call vote, Mr. Berg. RolI- Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 8: TE 02-008 Request for a Time Extension on the Final Plat approval for Sparrowhawk Subdivision by Sitzlar Real Estate Development - northeast corner of N. Nola Road and E. Franklin Road: Corrie: Item No. 8 is a request for a time extension on the final plat approval for Sparrowhawk Subdivision by Sitzlar Real Estate Development, northeast corner of Meridian City Council January 14, 2003 Page 9 of 36 North Nola Road and East Franklin Road. At this time I would like to have staff comments for the request. Hawkins-Clark: Mr. Mayor, Members of the Council, the request before you has been submitted by Hubble Engineering with a December 10 letter from Andrea McCarty. The subdivision is outlined in bold there on the north side of East Franklin Road. The City Council did approve a plat for that ground one year ago and they have submitted the extension request within the ordinance deadline and they are requesting a one - year extension. The letter states that it's due to construction issues, ACHD right of way policy changes, and financing issues. Since it is the first time extension request, staff is not opposed to the extension. Corrie: Okay. Thank you, Brad. Any questions of staff? Is the representative here this evening? If you would like to make any comment, you certainly can. Okay. All right. Council, any questions of -- all right. Any discussion on the motion? I'll entertain a motion, then, for the request for a time extension on the final plat approval of Sparrowhawk Subdivision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of TE 02-008, request for time extension on the final plat approval for Sparrowhawk Subdivision by Sitzlar Real Estate Development at the northeast corner of North Nola Road and East Franklin Road, for the extension to be until January 13th of 2004. Bird: Second. Corrie: Okay. Motion has been made and seconded for the time extension for Sparrowhawk Subdivision. Any further discussion? Hearing none, all those in favor say aye. Opposed no? Motion carried, MOTION CARRIED: ALL AYES. Item 9: FP 02-029 Request for Final Plat approval of 37 building lots and 6 other lots on 9.23 acres in an R-8 zone for Baldwin Park Subdivision No.2 by Capital Development -- north of West Ustick Road and e~st of North Linder Road: Corrie: Item No. 9 is a request for a final plat approval of 37 building lots and six other lots on 9.23 acres in an R-8 zone for Baldwin Park Subdivision NO.2 by Capital Development, north of West Ustick Road and east of North Linder Road. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. The application here is the second phase of Baldwin Park Subdivision on the east side of North Linder Road. Meridian City Council January 14, 2003 Page 10 of 36 Phase one was approved a few months ago and is shown there on the south side of the entry road, which they have called Monument Drive. Phase two is proposed here on the north side of Monument. And here is a look at more detail on the final plat request. The staff has submitted a memo dated January 9th that makes several recommended conditions. T here are 37 single - family lots and s ix 0 ther lots. They have a gross density of about 4.6 dwelling units per acre in this particular phase. Staff has reviewed it. It is in compliance with the preliminary plat that Council approved. I did list in the report a couple additional considerations. One is the Linder right of way. As you know, the right-of-way issue is with the Highway District and whether or not they will or will not buy right of way. In this case, as I understand from the applicant, the Highway District is going to purchase the additional right of way that they need, since the purchase and sales agreement was already in process before the resolution at the Highway District was in place. So as with phase one, it's the same with phase two, and they will be buying that. So that additional consideration is taken care of. The plat will remain as it was shown. There won't be a need for an additional lot. The second additional consideration I had put in there was the emergency access and here in the northwest corner of the lot, a portion of Lot 16, the preliminary plat did require an emergency ingress and egress -- or, I'm sorry, emergency temporary access there. There was some discussion that North Clearbrook Avenue may be able to be constructed, because Cobblefield Crossing is approved tot he north 0 f this subdivision and they may have been able to connect Clearbrook, but the applicant did say today that the timing was not going to work there, the Cobblefield developers, CMD, was -- is looking more like July for their development a nd so Capital Development did not want to wait f or that time period. So they w ill construct, as required, that emergency secondary access there. Other than that, I think you have -- you have received comments from Briggs Engineering, Steve Arnold, that were a response to our recommended conditions and they have stated they will comply with all of them. I think the only changes on Item No. 7, that deals with the landscape plan and the fencing and staff had suggested that that north boundary, that the fence be a five foot picture frame fence that would match the one on Linder Road and Mr. Yorgason has stated that they would prefer that to just be a dog eared cedar that would match the south boundary. So staff has no problem that. So should you move to approve this tonight, just modify that Item 7 -A, the proposed wire fence, etc., is not approved and should be replaced with a solid fence. Period. And, then, you could just strike the last part of that condition. I think that would take care of that. That's alii have. Corrie: Okay. Any questions from Council? Is the representative for Baldwin Park here? Name and address, please. Yorgason: Sure. My name is Dave Yorgason with Capital Development. The address is 6200 North Meeker Place in Boise. We agree with staff comments. Appreciate the fine report. I'm not sure just the one clarification -- I would like to ask for a couple items of clarification. First of all, with regard to the emergency access road, our plan is to build that. I believe it has been approved by the staff. ]t could be gravel. It doesn't have to be asphalt. It could be a gravel surface for the width for the fire truck status -- or standards. One question we do have is we are hopeful that once the pavement does Meridian City Council January 14, 2003 Page 11 of 36 connect all the way through the Cobblefield Crossing Subdivision, that we can come back later and modify that gravel surface to be more -- we will still have the five foot concrete pathway to connect out to Linder, but the balance would be a nice grass surface, as opposed to just gravel all the way out. That would be one of our requests. It would be a little bit nicer look for the homeowners, too. And, then, I'm not sure if staff addressed it, but it was in Condition No.3, I just want to have a clarification regarding pressure irrigation. Due to the timing of our construction, we do plan on building a pressure irrigation system that will be approved by the city, but I believe there is a question about approved and pressurized or activated, I believe is the word in the condition. And staff may be able to provide additional comments. We are hopeful that the word activate could be removed from the condition, but certainly an approved system, we still plan on doing that. Other than that, we don't have any other comments or questions and stand for any questions you may have of us at this time. Corrie: Brad, do you have any comment on the request? Hawkins-Clark: Mr. Mayor, Members of the Council, we were just looking at the easement there and there is a 20 foot City of Meridian sanitary sewer easement that is in that diagonal lot there, so, of course, we do not allow trees to be planted within our sewer easements. So, certainly, a grass area -- sorry, Dave. If you wanted to put a nice ground cover, that would be acceptable. Yorgason: Grass is acceptable. Corrie: Very good. Any other comments? Brad? Okay. Council, any questions? Bird: I have none, Mayor. Corrie: All right. Thank you. Okay. Any other discussion on the request for final plat on Baldwin Park Subdivision? If not, I will entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the final plat approval of 37 building lots and six other lots on 9.23 acres in an R-8 zone for Baldwin Park Subdivision No.2 by Capital Development, north of West Ustick Road and east of North Linder Road, with all staff comments, including 7 -A, the wire fence no longer being in there, and Item No.3, the pressure irrigation system, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the final plat motion. Any further discussion? Hearing none, roll-call vote, Mr. Berg. ( Meridian City Council January 14, 2003 Page 12 of 36 Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Request for final plat approval is approved. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from January 7, 2003: CUP 02~033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an O-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: Item 11: Public Hearing: VAR 02-016 Request for a Variance from the Parking Ordinance and Landscape Ordinance for Johann and RachaeJ Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: Corrie: Item No. 10 is a continued Public Hearing from January 7th, 2003. It is a request for a Conditional Use Permit to open a retail s hop for children's gently used clothing, toys, etc., in an O-T zone by Johann and Rachael Kretzschmar -- well, I didn't get too far off. So at this time I will open the -- I know there is another one. Do we want to put them all together for the variance? Okay. And I will also open the Public Hearing for the request for a variance from the Parking Ordinance and Landscape Ordinance by the same couple. Okay. At this time I will open the Public Hearing and have staff comments. Hawkins-Clark: Thank you, Mayor, Members of the Council. Just for clarification, the Item No. 11, the variance, if it's not approved, the Conditional Use Permit, obviously, would not be able to be approved, so just in terms of order of business. Corrie: Right. We will do it that way. Okay. It saves time in who wants to get up and talk. Hawkins-Clark: Okay. Well, I will hit both of them now, then. The subject lot is here on the north side of Pine Avenue and that should actually be -- yeah, East Pine. That's correct. A nd Main Street. The city parking lot is 0 n the south side 0 f Pine A venue immediately across the street, just for orientation. The zoning is Old Town: Here is an aerial photo 0 f t he property with Pine 0 n the south side 0 f t he photo a nd the house setback with a detached garage on the rear, There is an alleyway on the north side of the property. Here are some existing site photos. T he one on t he left is looking -- looking west down the alley and the garage that is a part of the variance request coming up is here. The right-hand photo is a shop from Pine Avenue looking at the house. The proposed use f or the property is to convert the residence into a retail store and the property is -- does have a sidewalk on Pine Street and, as mentioned, there is a large landscaped grass area in the front. They have a proposed new street sign here on the ( Meridian City Council January 14, 2003 Page 13 of 36 property. The layout of the site is shown here. Again, the alley is on the bottom of the site plan here and what they are proposing is for a handicapped parking space to be here on the left-hand side and for an employee parking space to utilize the garage here. The reason for the variance is, of course, the -- two things. One is the parking and they do not have adequate parking shown on their site plan. They are proposing the variance to just stay with the parking as shown here, with one handicapped and one employee space. As you know, Pine Street does have the potential for on-street parking and, as mentioned before. You have the city parking lot to the north -- to the south. Staff did review this and we have -- we have recommended approval of it. This kind of begs the whole question that the Meridian Development Corporation is looking into as far as parking in downtown and how much redevelopment is appropriate before adequate off-street parking is found. Should the city use the city parking lot as a reason for a variance every time? Probably not. In this case, since the property is immediately adjacent to the parking lot, probably a better likelihood of using that as a case for the variance. The smaller square footage of the retail operation is maybe another reason to grant it. The findings we feel are made for the variance and we have outlined those in our report. The other portion of the variance request is for the landscaping and, frankly, this is just an area of the ordinance that doesn't work well with Old Town redevelopment, because it really geared more towards our outlying fringe areas where you have a little more intensive uses. The ordinance does require between a retail use and land -- and single family residential, a 25 foot buffer and, of course, they are going to really only provide about five. So the request is to reduce that as well. So the Planning and Zoning Commission, you have their recommendation, they did recommend approval with the conditions. They have not, of course, reviewed the variance request, so that's up to you. And that's it. Corrie: All right. Thank you, Brad. Any questions of the staff? Bird: I have none. Corrie: Okay. Well, the applicant's here tonight, so, Johann, you're the one that's going to get to talk? Kretzschmar: Yeah. My wife wants to sit down. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Kretzschmar: Yes, sir. Corrie: Okay. Name and address, please, for the record. Kretzschmar: Johann Kretzschmar, 124 East Pine, Meridian. Corrie: Anything you want to say about your request for -- either one of those or both? / ( Meridian City Council January 14, 2003 Page 14 of 36 Kretzschmar: Well, of course, I'd like see them approved, but it is going to be -- it is a small business. I don't anticipate a huge impact. And at that point I think everything else is outlined inside the information you have and what we have been supplied with. No other questions at this time. Corrie: Okay. Council, do you have any questions of Mr. Kretzschmar? Okay. Thank you. This is a Public Hearing. Is there anyone from the audience that would like to issue testimony at this time? Okay. Hearing none, Council, any questions with the Public Hearing? Okay. I'll entertain a motion to close the Public Hearing on Item No. 10 and No. 11. De Weerd: So moved. Bird: Second. Corrie: Motion made and seconded to close the Public Hearing on Items No. 10 and No. 11 by Mr. and Mrs. Kretzschmar. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Let's take Item 10. This is the request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc., in an 0- T zone. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Don't we have to do the variance first and, then, the CUP? Nary: I don't know that we have to do it first. I think all he said is if we weren't going to grant it, then, there wasn't a point to do the CUP. I don't know that, technically, it makes any difference. Bird: Okay. Corrie: Either one you want to do. Bird: Well, I have no problem with passing both of them, so it doesn't matter to me. Corrie: Okay. Well, then, let's take No.1 0, since it's on here first. Bird: Mr. Mayor? Corrie: Mr. Bird. ( Meridian City Council January 14,2003 Page 15 of 36 Bird: I would move that we approve CUP 02-033, the request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc., in an O-T zone by Kretzschmar -- for Kretzschmar by Kretzschmar at 124 East Pine Street and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order, with staff comments. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Conditional Use Permit for Mr. and Mrs. Johann and Rachael Kretzschmar. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Corrie: Next is the request for a variance from the Parking Ordinance and Landscape Ordinance. Any further discussion? Hearing none, I will entertain a motion on the request for a variance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of VAR 02-016, the request for variance from the Parking Ordinance and Landscape Ordinance by Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar at 124 East Pine Street, pursuant to staff comments and for counsel to prepare Findings of Facts and Conclusions of Law as required by the ordinance and decision. Bird: Second. Corrie: Okay. Motion has been made and seconded for the request for the variance from the Parking Ordinance for approval. Any further discussion? Hearing none, roll- call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved for the variance for the Parking Ordinance and Landscape Ordinance. MOTION CARRIED: ALL AYES. Meridian City Council January 14, 2003 Page 16 of 36 Item 12: Public Hearing: RZ 02-007 Request for a Rezone of 2.83 acres from R- 4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: Corrie: Item No. 12 is a Public Hearing, request for a rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church, 428 and 506 West Pine Avenue. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Before we go any farther, this is the church that I attend. My wife is a member. So, Council, I'm at your pleasure. I can be fair, I believe. De Weerd: Will you benefit financially? Bird: Oh, you bet. (Laughter. ) Nary: Donations. De Weerd: I don't think there is a conflict. Corrie: Council, can you see any conflict, for the record? De Weerd: I don't have a problem. Nichols: Mr. Mayor, Members of the Council, just because I know what a cold record looks like, the record needs to reflect that Councilman Bird was joking when he said he would benefit. Bird: Yeah. Corrie: Thank you. De Weerd: Just note everyone laughed aftelWards. Nary: I don't know that I perceive any conflict either. If Mr. Bird is comfortable with -- Bird: J'm comfortable. Corrie: Since everybody is comfortable, Mr. Bird, you may vote on this one. Bird: Okay. Thank you. Meridian City Council January 14, 2003 Page 17 of 36 Corrie: At this time I will open the Public Hearing and staff's comments first. Hawkins-Clark: Mayor, Members of the Council, the request is for a rezone to Limited Office. That, essentially, is going to more accurately reflect the use of the property as a church facility. The current designation is R-4. The Comprehensive Plan for the city did show this smaller parcel on the west boundary to be residential and, then, the other two parcels to be quasi-public. Staff feels that the rezone to L-O would still comply, since the existing use and ownership is by the church. So, the Comprehensive Plan was reviewed in that manner and our staff report discusses that a little bit more. In many ways, this is a just clean-up request to get the zoning to match the existing use. City Planning and Zoning Commission did recommend approval and staff does as well. Corrie: All right. Thank you, Brad. Any comments or questions? Okay. Is a member of the Meridian First Baptist Church here? Okay. Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Touchstone: It is. Corrie: Name and address, please, for the record. Touchstone: My name is Justin Touchstone, 400 West Farmall Way in Kuna, Idaho. I'm a member of the Meridian First Baptist Church and, as the staff said, this is basically a clean - up of our existing property. We did purchase the property to the west in the last few years. Our goal for the church is just -- we are growing, we are going to have to expand, and this kind of just clears the road for future remodels and additions onto the church. I'll stand for any questions. I don't want to keep you guys too late, so -- I know how these things go. Corrie: Okay. Thank you. Any questions of Council? Okay. Thank you very much. Since this is a Public Hearing, is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council, do you have any other questions on the Public Hearing? Bird: I have none, Mayor. Corrie: If none, I will entertain a motion to close the Public Hearing on the Meridian First Baptist Church. Bird: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. Meridian City Council January 14, 2003 Page 18 of 36 MOTION CARRIED: ALL AYES. Corrie: Any further discussion on the request for rezone? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for rezone of 2.83 acres from R-4 to L-O zones for the Meridian First Baptist Church and to ask the attorney to draw up the appropriate Findings of Fact and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded to approve the request for a rezone by the Meridian First Baptist Church. Any further discussion? Roll - call vote, please, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. Motion is approved as requested. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: RZ 02-006 Request for a Rezone of 0.85 acres from I-L to 0- T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: Item 15: Public Hearing: CUP 02-037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: Corrie: Item No. 13 is -- we had first, so we will go to Item No. 14 and 15 -- is a Public Hearing. Item No. 14 is a request for a rezone of 0.85 acres from I-L to 0- T zone for Meridian Head Start by Friends of Children and Families, Inc" 321 and 333 West Broadway Avenue. And also I will open the Public Hearing on the CUP req.!-Iest, excuse me, for a two classroom center serving young people and families, and a 400 square foot community meeting room for Meridian Head Start. At this time I will open the Public Hearing on both 14 and 15 and staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. Item No. 14, the rezone request, the property is currently Light Industrial, as shown on the map. It is bounded on both the east and west by existing Light Industrial zoning. I believe most 0 f the Council Members and certainly the Mayor are aware there is numerous nonconforming Meridian City Council January 14, 2003 Page 19 of 36 uses on this side of Broadway adjacent to the railroad tracks. Industrial zoning put in place, in part, certainly because of those railroad tracks and over the years have found many homeowners looking to continue their existing residential operations, at the same time, there are a handful of industrial -- existing industrial uses as well. The north side of Broadway does have residential and Old Town -- or, I'm sorry, just residential zones. The request here is to rezone to Old Town. The Comprehensive Plan was amended, as you know, a few months ago, to show an Old Town designation to 4th Street. So the property here is just barely within what is shown in the Comp Plan for a westward expansion of our Old Town area, so the Old Town request does fit with the Comp Plan in that regard. There a re two legal tax parcels involved h ere. The 4 th Street that's shown here has been requested to be vacated by the Highway District. It's not constructed as a roadway today, but the Highway District does have it as public right of way. So, the request is before them to vacate that. Here is an aerial shot of the properties. The Rutledge Lateral does course the southern boundary here. Last week the Council did review a request for a variance for the tiling of the Rutledge further to the west and that was granted. The Rutledge is also not tiled here in this location. That was brought up at the Planning and Zoning Commission hearing and the Commission recommended that the Council grant a waiver, since it is a Conditional Use Permit, rather than a formal variance. So that would certainly need to be discussed as part of your motion tonight. There are residential properties here on the east and west sides. The proposal is to -- to remove the existing structures and construct a new facility for Head Start. The existing house that's there is right here on the left-hand side. That's right. I forgot to set up the overhead. I'm sorry. Probably don't want to take the time. We had an old site plan that was in our Powerpoint tonight. I just noticed that earlier. I was going to set up the overhead to show you a more accurate picture, but I believe what you have in your packets is correct. Do you have access to the site plan there on your machines? Bird: I believe so. Hawkins-Clark: It will take about four minutes to set up the overhead, if we wanted to do that, but let me go back here, just to show -- to the map. Essentially, what they have shown is to have a sidewalk constructed across West Broadway and, then, their new facility would generally be located here in the center of the two properties and they would have a playground area behind the building here to the south and some parking would be here on the east boundary. They would access the property with a new asphalt driveway that would come here along the east boundary and, then, the parking would be just behind the building here kind to the southeast with a turn ~round. The Commission did, of course, recommend that fencing be constructed back there, because of the lateral and the kids playing and things like that, so that would -- that was a recommendation from the Commission. So, if you like, maybe while the applicant is giving testimony, if you want me to put it up, I can. Corrie: Okay. Is there anything else, Brad? Hawkins-Clark: That's it. Meridian City Council January 14, 2003 Page 20 of 36 Corrie: Okay. Is the applicant here? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Landry: Yes. Corrie: Name and address, please. Landry: Lewis Landry. My address is 4709 Camas in Boise. Mr. Mayor, Members of the Council, staff, first, I'd like to thank everybody for the graciousness we have been shown throughout. Staff did excellent work and it was extremely helpful, so I was impressed throughout with the process. And, also, the incredibly good work of the City Clerk's office, notifying us and getting things to us electronically, etc., is very -- extremely helpful. We are incredibly pleased to have this opportunity and we really appreciated the favorable recommendations from Planning and Zoning and think that we could be a wonderful addition to your city. I'd like to note that in our application at Planning and Zoning we had several neighbors come in support and were in the audience and very few came up to speak, but they were in support and we had, obviously, quite a bit of correspondence and I think the only technical point I'd like to mention, in terms of the 4th Street extension there, the ACHD road, we learned in the process of application from our next door neighbor, Mr. Thompson, Jim Thompson, that, you know, that is a 30 foot right of way and in 1961 ACHD did vacate 15 feet of it on his side of the property, so they had already sort of given up their road back in -- apparently, I think, in 1961. But we still will go through the formal process of requesting the vacation 0 f the 15 foot remaining section 0 far oad that they never plan to build through there. One issue that was raised by a number of our neighbors and we are very appreciative of it, the many wonderful older trees on the property, we will tell you that we did have the services of a certified arborist and we have done a tree survey and looked at the trees that are diseased or a few old trees that will have to come out because of age, but there is a couple of hundred year old trees, at our estimate, that we will keep and that definitely will be a great part of the plan. In terms of the rear fencing, there is a fence there already, but there will, obviously, be one more fence. Our playground won't go to the rear of the property and our playgrounds are fenced and we have really pretty stringent requirements both in terms of securing the kinds of licenses to operate a school like this, but also for the Head Start performance standards. I will note for you all there is a 400 square foot meeting room, which will be helpful to us in the neighborhood, but also will be available and the building is designed so that that room, like you have seen in many libraries, the rest of the building can be ..shut off and locked, but the restrooms and that room can be open and we will certainly work with the neighbors, the senior citizens, and other groups that might need to use that and that has always been our practice. Just to give you an example, in Boise right now we host the Treasure Valley Down Syndrome Association and a number of groups like that we like to have use our facilities, because, oftentimes, they need the child care and we have the rooms there for them to use. I am the president of the neighborhood association surrounding our building in Boise. Although, I'm not living in that neighborhood, we are allowed, a sa business, to run for office a nd I help found t he association, t hey were Meridian City Council January 14, 2003 Page 21 of 36 good enough to elect me president, and I only bring that up to say that we work intensively with neighborhoods and want to be a good neighborhood citizen. We know that one of the issues of our neighbors is traffic and there are many things, should that come up tonight, that you'd like to ask questions about, of how we deal with traffic. I know it's a long evening and I don't want to go on and on. I can, but I think that that might suffice. So thank you for this opportunity. Corrie: Thank you, Lewis. Any questions of Mr. Landry? Okay. Thank you. Okay. Randy Pew. Okay. Is there anyone else who would like to issue testimony? Okay. Hearing none, I will entertain a motion to -- Nichols: Mr. Mayor? Corrie: Okay. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, one question for staff. Assuming that the road right of way is vacated, do we know if a legal description for this rezone includes that strip? Hawkins-Clark: Mr. Nichols, Mayor, Members of the Council, one of the conditions of the rezone was that a revised legal description be submitted to us 10 days prior to this meeting. I don't show -- maybe Mr. Landry can speak to that. I don't show in our records that we have a revised legal description that was submitted. But, obviously, we would have to have Public Works, you know, do a closure on that metes and bounds to make sure. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: One other question to Brad. I don't have a land use map on here, so is the Old Town zoning on both sides of Broadway in that location? So, it is within the Old Town for that portion as well? Hawkins-Clark: It is. Nary: Okay. Hawkins-Clark: It is. Nary: Thank you. Corrie: Any other questions? De Weerd: Mr. Mayor? Meridian City Council January 14, 2003 Page 22 of 36 Corrie: Mrs. de Weerd. De Weerd: I guess just a comment. Head Start has been exploring property, I think, for the last year or two and I will tell you, there is not a more dedicated person to the cause than Mr. Landry back there. He's very -- he's got a great neighborhood approach, which is probably why we don't see any of the neighbors here in opposition and works in collaboration with others and so I have been very impressed with his attempt to partner with anyone and everyone and this is a great addition to our community and I'd like to thank you for your tenacity in trying to find these sites and appreciate that you're locating this in Old Town. It's the place that it's needed. So thank you. Corrie: Okay. Thank you. Anything further? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, was that -- that ten days before, was that a condition of approval? Hawkins-Clark: Well, sorry, typically, it is ten days, but the recommendation on page two, number A-1, just states that they have a survey by a licensed land surveyor prior to this application being heard. It doesn't give a time frame. But it was part of the recommendation. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. McCandless: Second. De Weerd: On both 14 and 15. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item No. 14 and 15 for Meridian Head Start. Any further discussion? All in favor ~ay aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any discussion on Item 14, request for rezone from I-L to O-T zone for the Meridian Head Start? De Weerd: Mr. Mayor? Meridian City Council January 14,2003 Page 23 of 36 Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for a rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Seconded by Mrs. McCandless. Any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, does that include waiving the tiling requirement on the Rutledge Lateral? De Weerd: I thought that would go under the CUP. Nichols: Okay. Excuse me. Corrie: Okay. Any further questions? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion to approved. MOTION CARRIED: ALL AYES. Corrie: Now, the Conditional Use Permit, CUP No. 02-037. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for a Conditional Use Permit for a two classroom center serving young children and families and a 400 square foqt community meeting room for Meridian Head Start, to add to the recommendation a waiver of the tiling of the ditch requirement and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Meridian City Council January 14, 2003 Page 24 of 36 Corrie: Okay. Motion has been made and seconded to approve the request for a Conditional Use Permit for Meridian Head Start. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Corrie: Item No. 16 -- Hawkins-Clark: Excuse me, Mr. Mayor. Corrie: Yes. Hawkins-Clark: I'm sorry. Just for clarification, on that -- just for the legal description, we would probably want to make sure that we get that cleaned up before the passage of the ordinance, so we will need to get that submitted to our department. De Weerd: Thanks, Brad. Item 16: Public Hearing: ZA 02M002 Request to Amend Zoning Ordinance 11-9- 2, Supplemental Yard and Height Regulations, to allow architectural encroachments to setbacks in residential developments by Wardle & Associates: Corrie: Thank you. Item No. 16 is a request to amend the Zoning Ordinance 11-9-2, Supplemental Yard and Height Regulation, to allow architectural encroachment to setbacks in residential development by Wardle & Associates. At this time I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Mayor, Members of the Council, this request has been submitted by Wardle & Associates as a zoning amendment. The application has been reviewed by the Planning and Zoning Commission. You should have the minutes and had a chance to look through them. It d id get quite a bit of discussion. I believe the a ppllcant is probably prepared to go into some detail on this, so I will just hit a couple of the highlights. On the screen is a couple of the graphics that were submitted with the application and, essentially, what we are talking about is here, in many ways, a move for Meridian from a dominantly suburban type of zoning ordinance and standards to a more urban kind of approach, given the proposed changes, essentially, are going to move towards a higher density being allowed without going through the planned development process so much. They are proposing that the zoning ordinance be changed, so that that -- they and others -- other developers who are looking to go for more dense projects, do not have to go through a planned development or a variance when they want to do largely attached dwelling units, but certainly also detached Meridian City Council January 14, 2003 Page 25 of 36 dwelling units in a little bit more dense projects in terms of the dwelling units. I think that's just a little bit of my read on some of the -- how this ordinance may impact the city. The changes that you're going to hear about have -- have been approved as a part of at least two applications that I'm aware of since I have been here, the Woodbridge Subdivision and Quenzer Commons or Heritage Commons, both have -- both were planned developments and they were both approved with these reduced setbacks that are being proposed here. Generally, what you see on the screen here is a proposal to reduce the front setback where you have a side entry garage on a house. So pretend these triangles are vehicles and the street and sidewalk are here on the north side and if you come in, you have a side entry garage, currently, the code says this -- the face of the garage would have to be 20 feet and the proposal is to have it be allowed to be 15 feet from -- from the front property line. Another portion of the zoning amendment that they are proposing deals with appurtenances and other types of a rchitectural design features that are seen on certain types of housing product types, particularly with porches and chimneys and bay windows and such. The example shown here is, for example, a front porch and the proposal there would be to allow an encroachment of that front porch two feet beyond the 15 - foot front setback. So if it's -- if it is designed as a feature that is allowed and defined under the ordinance, like a front porch, it would be allowed to go two feet closer to the sidewalk than would typically be required for any portion of a permanent structure. It's usually going to be at that 15. Here on the left- hand side is an example of a chimney that would have a bump out into the side yard setback, also proposed at two feet beyond the standard five. So, if you can imagine these two houses, if they were both to be provided under this new ordinance, you could potentially have a two foot bump out here and a two foot bump out on this house, leaving six foot of clearance between the two structures. So it certainly does bring them closer together. The fire department, in terms of city comment, has been -- has been the main department involved, besides the Planning and Zoning Department, and the comment that we received, dated December 3rd from Deputy Chief Joe Silva, was that the fire department requested all amendments to the required setbacks meet the minimum requirements of the International Building and Fire Codes and staff's understanding is that they do. The -- one of the main concerns, of course, with a two story is being able to get a ladder propped up against the side of the house to access a second story window and insuring that a firefighter has the appropriate space there to throw that ladder up and get in there. So that, as you may have seen in the P&Z Commission minutes, was part of the discussion there. The recommendation that we prepared does have, on page two, an exhibit, Exhibit A, and that kind of goes through the specifics of the changes and shows the strikeouts. I guess I would just point out the interior s ide column there. T he five foot per story is the current code, "'thich would, obviously, mean a ten foot setback for two story buildings and that would mean a 20 foot separation in a standard residential subdivision today. The original application did not propose that, that was brought up at the P&Z Commission hearing. They proposed that as an additional change, that the story be struck, and that just the five foot be a standard side setback. Then, the only other change there is on footnote number nine and that shows about the side entry garages, allowing those to also be 15 feet. We already currently allow the living area of houses to be 15 feet from the front. So the Meridian City Council January 14,2003 Page 26 of 36 proposal here is just to allow the entry garages and tack that on there. So, unless you have got other questions for me, I will stop right there. Corrie: Okay. Thank you, Brad. Any questions? Bird: I have none. Corrie: Okay. Is the applicant here? Turnbull: Mr. Mayor, Members of the Council -- Corrie: Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Turnbull: It is. Corrie: Name and address, please. Turnbull: David Turnbull, 12426 West Explorer Drive in Boise. Mr. Mayor, Jonathan Wardle made the initial application and presentation. He did it at our behalf. He is out of town this week, so I'm sitting in for him, pinch hitting. I think Brad has done an adequate job of addressing the issue. I will just state from -- from our perspective, the reason that we have come forward with this zoning amendment ordinance is to bring some consistency to what we do in our business. Currently, we operate primarily in Meridian and in Boise markets and Brad -- I do want to make one comment, though. Brad mentioned that this was primarily attached. I think the intent here is mostly that it affect detached family residential housing. We believe that the proposals we are putting forth here will provide for more innovative architecture and land planning design. It promotes, as has been noted here, side entry garages, so with this ordinance you will see fewer garage doors facing the streets and it also promotes breaking up elevations, so instead of, you know, as we are constrained by Meridian zoning ordinance now, if somebody wants to go right up to the setback, they just have a flat side -- you know, flat sided architecture. This promotes things like bay windows, fireplace bump outs, and things that just break up the elevations and trellises and porches and things like that that we think make for more interesting and more attractive architecture. It provides some consistency for our builders who do build across jurisdictional lines between Boise and Meridian City and, like I said, you are the two big players in this valley and so it would be helpful to have some consistency there. I think -- I think on balanqe it provides for more attractive communities. It does comply with the International Building Code and Fire Codes and, as we said, we have had these same setbacks approved in projects that we have done, it's just been done through Conditional Use Permit and the fire department has approved those at those times, so I don't think that there is an issue there with fire safety. I think that's all my comments. I think it's fairly straight forward. If you have any particular questions I would be happy to answer them, as a builder or a developer. Meridian City Council January 14, 2003 Page 27 of 36 Corrie: Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Turnbull, I guess I'm not sure if it's a question or a comment. I guess I want to hear your thoughts on this amendment. I think the properties that you develop and that Capital Development does, does exactly what you're talking about, try to be innovative, try to provide some variety of housing styles, those types of things, and you have done it without the ordinance and what I'm concerned with is that developers like yourself have brought those innovations to our community, which are a very good thing, but how does this ordinance deal with people who aren't very innovative at all? We have a few of those still and we have a few of those with the existing ordinances that I think we are sometimes frustrated by that really don't bring anything imaginative to the table or don't bring a variety to our city, but, yet, they are compliant with our ordinance. What I guess I'm concerned with is amending our ordinance to encourage change and innovation, are we providing an avenue for some of the developers that don't do that, to really end up building some of these less than imaginative homes close to the street, not really very attractive and yet they are still compliant. I mean would it be better to provide incentive to build this type of housing style, rather than simply just changing the ordinance across the board? Turnbull: Mr. Mayor, Councilman Nary, I think what we are suggesting -- and, you know, I made comment to David Yorgason outside here that the projects we have done we have gotten these setbacks approved and so why do we care about this ordinance. Well, I mean we care about the community in general and we think that by providing these tools, you're not going to force people into using it improperly, but you're going to allow for it to be used and so you provide an opportunity. I don't think that it forces anybody to do anything right, but it provides an opportunity for people to do things better. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have the same concerns. You know, is there some way we can build this into even the planned development ordinance, you know, that, this can be asked for, the reduced setbacks during that application, rather than to have a specific ordinance allowing it? I guess we want to give flexibility, but a blanket process is a little risky and I appreciate the concerns of our fire department. You know, I'd hate to see a two story blank wall, too, and five feet or, you know, 10 feet across, and I just -- Turnbull: Mr. Mayor? Corrie: Yes. Meridian City Council January 14,2003 Page 28 of 36 Turnbull: Council Member de Weerd, is that a comment to me or a question to me or am I supposed to respond? Corrie: It was rhetorical on that. De Weerd: I agree with Councilman Nary and have you explored other possibilities to allow this kind of flexibility without going through great steps in doing it? Turnbull: Well, I appreciate your concern and I'm always interested in, you know, upgrading the feel of our communities and we felt like -- and, you know, this is just -- if I cared about it just for me, I would be -- you know, we would go through the process every time when we ask for these kind of things and you see what kind of work we do and what kind of planning we go through and so I think you can appreciate that. And so why are we doing this? Well, if a builder in somebody else's subdivision is going to have just flat architecture walls, you know, wouldn't it be of benefit for them if they were building in a developer's subdivision that hadn't gone through this process to be able to put in a bay window or a fireplace -- you know, that would, you know, project out from the otherwise flat wall. I guess I understand your concern, but I don't think that -- J think that by providing these tools, you allow other builders to do more innovative things in subdivisions that you're otherwise approving just without a planned unit development, you're still going to get those kind of developments, you're going to get regular subdivisions that you're probably going to be approving, because your -- you know, it's just, I guess, part of the development process. So for those developments that don't go through a planned unit development process and don't go through the kind of planning like wed 0, you know, if they have a builder that wants to do some more innovative architecture and wants to break up their elevations and wants to add porches and trellises and things like that, I guess I don't see what the harm is in allowing them to do that. I think it's a benefit. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to make a little statement on it. I think that passing this ordinance right now -- sure, you can do it with a planned development, but we get away from the cookie cutter subdivisions that we had -- Meridian had in force for so many years in Meridian. You know. You have the R-4s and bang, bang, bang. 20 feet back from..the sidewalk everything, you know, build the same house. I like the idea of this. I think it's been successful in Boise. I think the couple subs that we have approved here will be very successful. And I would doubt if 20 percent of the developers want to go to this type. Maybe more, but I would doubt it. A lot of them are going to stay with the cookie cutter ones. So that gives us a variety. That's my statement. McCandless: Mr. Mayor? Meridian City Council January 14, 2003 Page 29 of 36 Corrie: Mrs. McCandless. McCandless: I agree with Councilman Bird. I think it's a very innovative thing to have in our city and I don't see that anyone is going to take it to the extreme. I like the idea. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I want to be clear. I like the idea, too. I'm just -- we have a lot of -- we have some builders, I guess, who build a lot of slock. That's a legal term. But I don't -- and I don't necessarily think this will discourage that. I mean I think we have been unhappy at times with what the current ordinance is, so I think you're exactly right, Mr. Turnbull, that -- I guess I don't see the harm. It gives a different opportunity. It gives a different variety that hasn't been there. People that aren't going to build very good quality developments, it doesn't matter what our ordinance says, we are going to have it happen with some of those anyway. So I don't think this hurts us. I don't think it puts us in a worse position. So I think it is a possible change, I guess. More so we need to look for globally at our ordinance to find ways to deal with poor quality development, poor quality design, that comes forward to us, so that we have an ordinance to be able to deal with those types of issues and that's really the problem. So I guess I don't really have a problem with this, it's more of a problem of encouraging bad behavior and giving more tools to use it, so -- Turnbull: Mr. Mayor, can I just make one final comment, unless anybody else has any more questions for me? I think what this does is you -- this only comes into play if somebody wants to add one of these features that is -- that is a benefit, like side entry garages or bay windows or trellises or porches. That's the only time it comes into play. They can't just take their normal house and shove it up five feet closer to the street, they have to do something to qualify for that, like bringing the living space forward or turning the garage to a side entry or putting in that bay window. It just makes the houses more attractive. Now, does that, you know, go all the way back to the land planning issue? No, it doesn't. But it does help. I would say even a poor land planner would benefit from this kind of ordinance by virtue of the more interesting architecture that you get in the buildings -- in the houses. So that would be my last comment. Any other -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Now, did I understand that they added the second story to that as well, that allowed the second story to be a five foot setback? Turnbull: That's correct. Meridian City Council January 14, 2003 Page 30 of 36 De Weerd: Doesn't it -- you know, we had that with our -- a bonus room and things and decided it was a second story and we had to set the inside wall an additional five foot in Doesn't that encourage better architectural design by moving that wall and having it staggered, instead of one straight wall? Turnbull: Mr. Mayor, Council Member de Weerd, it could, and it depends on the architectural style. I mean some -- there are some architectural styles that really benefit from the two - story design. There are all sorts of architectural styles and, if done right, they all have their place and they all can be very attractive. So, I think it's kind of difficult to make a blanket comment on whether that's good or bad. It can be good. I think that's an effort, particularly in the R-8 zone, to bring it more -- well, from the R-4 zone. I think that was an effort to be more consistent with what we are experiencing in Boise, quite frankly. I mean that's been the -- you know, we have had that requirement in, for instance, our Harris Ranch project, on both the Mill District side and the Spring Creek side and that goes anywhere from, you know, 3,500 square foot lots to half acre lots and they all have the same requirement and you drive through there and you will see a lot of variety, some with the transition setback, and some that go full two story. So, you know, I don't think that you're just going to get automatic wall to wall two story homes that have a five - foot setback by adopting this ordinance. That's not been my experience in Boise. I appreciate your comment. Now, can I sit down? Corrie: Okay. Thank you. Is there anybody else that would like to issue testimony in this case? All right. Hearing none, Council, any more information on the Public Hearing? Not hearing any, I will entertain a motion, then, to close the Public Hearing on Item No. AZ 02-002. Nary: So moved. McCandless: Second. Corrie: Motion made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? I would like to know how the stenographer spells that word, Mr. Nary, but -- Nary: Slock. S-I-o-c-k. Corrie: I thought you might need a little help there, so -- okay. Is there any further discussion? Now, I understand, Mr. Attorney, that a request to amend this ordinance, then, if it's amended, then, we have to have the ordinance in a Public Hearing; is that co rrect? Meridian City Council January 14, 2003 Page 31 of 36 Nichols: Mr. Mayor, Members of the Council, we wouldn't need a Public Hearing, we would just simply need to promulgate this into actual ordinance form and present it to you for adoption. Corrie: Thank you. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval ZA 02-002, the request to amend the Zoning Ordinance 11-9-2, the Supplemental Yard and Height Regulations, to allow architectural encroachment to setbacks in residential developments as requested by Wardle & Associates, for our counsel to prepare an ordinance and return that for reading as required by Idaho Code. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. Thank you, Mr. Berg. MOTION CARRIED: ALL AYES. Corrie: It was nice to have you all agree on the same thing. I was beginning to wonder if I was going to have break the tie and I'm hesitant to break any kind of an ordinance with just a two and two. De Weerd: Oh, shoot. We missed our opportunity. Item 17: City Council President Liaison Assignments: Corrie: Next on the agenda is City Council President Liaison Assignments. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: After sitting down and discussing department assignments with each of the Council members, it sounds like we will serve a second year with the departments that we currently hold and I didn't hear too many objections from the department heads, so we will just keep it as -- keep them as they are right now, with Mr. Bird with parks and finance, M r. N ary with H Rand police department, C ounci! Member McCandless with Meridian City Council January 14, 2003 Page 32 of 36 Public Works and myself with the fire department, Planning and Zoning, and the City Clerk's Office. Corrie: Okay. Okay. I did -- for the press that's here tonight, I did note to Mrs. De Weerd, who is the Council president, that she does have an overview of my expense accounts and when I do something -- she said she would do that and I also would like for the Council, if any of those would like to do the same thing, they are certainly able to do so and I would like that on the record as such, so -- Bird: As Council president that's her duty -- that's one of her duties -- Corrie: That's correct. Bird: -- to counter balance everybody and -- De Weerd: Counterbalance everybody? Corrie: That's quite a balancing act. Bird: Counterbalance everybody, yeah. Corrie: All right. Bird: Just take care of itself. Item 18: Mill Levy Adjustment Committee Discussion. Corrie: Thank you. Now, we do have Item No. 18, the Mill Levy Adjustment Committee, so I -- has everybody got the mill levy sheet that we had typed up? We have asked to be a -- the letters that asked to be on the mill levy committee. We have six that have phoned in and we have some resumes in here as well. Tammy has worked up a list of individuals of organizations that have been suggested that -- to date for the committee to examine our city budget situation on mill levy. So I will ask Mrs. de Weerd to comment on that. De Weerd: Thank you, Mr. Mayor. All of you did receive the last list that I e-mailed out. I guess what I would like to find out is ideas on the number of people that you would like to see on this. If we have missed any departments, if Public Works would, like to have someone on it -- I know you're not a general fund department, so the impact is not as important to you. However, those of you that live in the city it is. But if -- certainly, if any of the departments that are not on this list -- we have the parks represented by two members from the park commission, the fire department, the rural commission will have a commissioner represented, as well as they have a fire volunteer, I assume, that is -- Corrie: Joe? Meridian City Council January 14. 2003 Page 33 of 36 De Weerd: Yeah. Joe Bongiorno. I Jove that last name. I haven't received the names from the Meridian Police Department. The Chamber, the school district, and Meridian Development Corporation, it is Lora Jones and not Lara Jones, as the Mayor gave me a hard time about. I have spoke to Blue Cross. I have a message in to Matt Bell with St. Luke's, but do you want someone from the senior center? Should we ask for a representative there? This is -- is this list completed, as far as you're concerned? Corrie: Does anybody want to add any to it? we are certainly willing to talk to you about it. What we will do is if everybody - - Council doesn't have a ny objection, the names that's on here when they are being submitted, we will just make it an ad hoc committee, which is do it for this and, then, we will have to be approved by the Council and this way it gives the Council -- everybody a chance to look at it. De Weerd: So we want to set the number of people -- do we want all of the citizens who have indicated an interest? J don't see why we would not do that. But we want to set parameters and there will be a certain amount of staff time. We will want to identify key staff members that can help as well. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This key staff time with city employees, it better be done on their own time when you're going out to promote an election. I believe. I think it gets into some waters that isn't -- De Weerd: That's not the purpose of this committee. Bird: What? De Weerd: That's not the purpose of this committee. Bird: What is the purpose of the committee? De Weerd: The purpose of this committee is to evaluate our budget, our revenues, and expenditures and -- Bird: Oh. De Weerd: -- make a recommendation to Council on if it would be in the city's best interest, because of revenue or budget constraints -- Jack of budget, to pursue a mill levy increase. Bird: You're right. De Weerd: And so it would not be a conflict at this point. Meridian City Council January 14, 2003 Page 34 of 36 Corrie: As long as there is no staff involved with this. Bird: What? Nary: The staff is informational, not -- De Weerd: Informational, but not serve on the committee. Right. Bird: Yeah. That's okay. Corrie: My secretary will gather any information that needs to be, so that you will have it, but it's not on regular city time. Nary: The 0 ther thing, M r. Mayor, too, I believe - - I have the code i n front me. M r. Nichols may know. Committees that are created by legislation -- the legislative act of the Council, even by just creating a committee, are subject to the open meeting law, so the public at least will need to be aware of that and make sure they do that. Nichols: Mr. Mayor, Members of the Council, Councilman Nary is correct. If they are going to make any kind of recommendation to this body, that's -- if I recall correctly, that's the trigger point. So, yes, they would need to post an agenda and post notices of the meeting. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I also believe that by our ordinance they run under the rules of Roberts in their meetings and conducting their meeting? Corrie: Yes. Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess we would want to map out the objectives of this comrrittee, so it1s very clear up front, and I would love it if anyone had another name, other than mill levy committee, because that really doesn't adequately reflect what the duties of this committee would be. So are there suggestions on -- would you like objectives to be drawn up and come back next pre-Council and approve them before we ask this committee to meet and what do you want to call this committee? Meridian City Council January 14,2003 Page 35 of 36 Bird: I think it's only fair to the committee that you give them a guideline of what you want and what you expect out of it. I think that's only fair. And I'm with you. Tammy. We need to do that. Corrie: That would be a guideline. You don't tell them what to do. Bird: No. No. A guideline. It is just a guideline. Corrie: Make it -- and what they are called, they can -- the committee can -- Bird: They can call themselves whatever they want. Corrie: Okay. And being an ad hoc, we do not -- we are in the process of saying or doing that either from the Council. Bird: Call Tammy. Nary: And I would concur, though. I think probably mill levy is not the most appropriate, because that's really not the focus, so we may want to -- in coming up with some of the purposes for the committee and the objectives that they have, we can at least provide some suggestions, so that way when we call and contact these folks, we have something to refer to. Revenue analysis. Blue ribbon committee. I think that's -- is that something we want to have those guidelines within a week, two weeks, something like that? Bird: Yeah. Nary: And have that discussion at pre-Council. Corrie: And I will get some from Ken Harwood about the timing and all that. That does close the regular meeting. I would like to ask the Council -- I did have a meeting with Lindley and Associates, Inc. They expressed the desire that they would like to give us some -- some experiences they had in billing and financing options of different buildings, like the city hall and what have you. Is Council interested in hearing some of the options or some of the financing and -- Bird: Who is this? Corrie: This is the 3-D International, Lindsay & Associates in Boise. They said they could -- Bird: I'd love to listen to it on a pre-Council meeting. I'd love to. Corrie: Okay. Well, I think that gives -- and what they would do is it kind of gives us what some of the options are and what they can do there. So, if that meets with your Meridian City Council January 14, 2003 Page 36 of 36 approval, probably in a couple three weeks I will have them on the pre-Council meeting and a couple hours ahead of time we can do that as -- Bird: I'd love to -- Nary: Great. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I'd like to commend you for the letter that you wrote on our -- on the city's behalf to ACHD. Bird: Yes. De Weerd: And working with our two attorneys on the right of way issue and that sort of thing. Very well written and very much captured what we would like to see happen. Corrie: Thank you. De Weerd: So with that 1-- Bird: Also Jim Johnson's -- J certainly appreciate it coming from the Mayor. Jim was very -- Corrie: There were some ideas that we might want to do for Jim and 1'1[ explain those, so we don't have it on the record. De Weerd: So we don't have it on the record? Nary: Because it doesn't need to be. I think that's what he meant. De Weerd: I move we adjourn. Bird: Second. Corrie: Motion has been made and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: 9: 15. MEETING ADJOURNED AT 9:15 P.M. Meridian City Council January 14,2003 Page 37 of 36 (TAPE ON FILE OF THESE PROCEEDINGS) ~.c~~ ERT D. CORRIE, MAYOR 3 / 4- / 03 DATE APPROVED MEETING DATE: Item Packet Pickup Lt1/1&lOvL~ ) L/ I 2- OD3 C~ iu~ (V&VVL c0 " '4rYC/f/!/ !/tllA--'j! --';;;4/~ Y/J /tJ/o~ ~ __ ..~ ;lrWl}?J-.rf7ff4/Ccr !7415/? ~~M~ }l;3 lo/tf;z. X' ~____ ;z~. 'Ar; t9Jd. U~u/1n~. IAlirL:-I1' A ~i / (Z'IO ~~" j \J '\t/:./~YY:I//&'= ;:h./ f- ;J;;/"^,, dJ.-,oC?utf i/(J '3 \x ,.~O\ ~ -r~hJ;.r;;:(LGC_ ~/l:f!Y V;/J Y'YJ \01) / .~ ?r:dt"o..-d-n 'CS / c:.?J~ /t, ~ 1- r3 5: e-O ~ r /l'bJclb(")1- .~tJ.J if' \l J~IA~ ~tl~/-14 B :/~ \. ~ /' ;/:;?,/ ~At1;;{o~/~t6;'~ /Z~ /!JJ/ N~4 ~~/ SC A/l.d:f'se-A Co I 1:;L J/}!jf/ ///;~ 8~'I0 Q~\ Y (l'f , I CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 14,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd -X- Bill Nary :=x= Cherie McCandless -X- Keith Bird -t- Mayor Robert Corrie Adoption of the Agenda: 2. 3. Tabled from January 7, 2003: Update on Prosecuting Attorney Service: pne~cL (approx. 15 minutes"') 4. Ten Mile Interchange Report: (approx.15 minutes*') ;J/U ~LtC- 5. Mill Levy Adjustment Committee: (approx. 10 minutes"') cOlvPht<<- -,0 k.~ 2/J:l.fVr'-C(o-PreJ1tla.--v tf{.~dC<./ Discussion of Existing Deferred Compensation Plan: (approx. 10 minutes"') C;/r C{llru~ /0 j'Y7/tVlL/ ,A.€(//e~ Discussion '.Decision on MUSS ~ming ~rective: ~ h (approx. 5 minutes"') C (7/tJn1t-U!/-Iv Jd=. t--/9j? jl;'"e -u:rt~~ h--: tT 8. Discussion of Temporary Building Use by Rocky Mountain Management at East Pine Avenue and North Eagle Road: (approx. 5 minutes"') .J' j .0-/ FCt-t.j J ec.v 6. 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 - January 14, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting, February 14, 2003 MERIDIAN CITY COUNCIL MEETING February 18, 2003 APPLICANT ITEM NO. REQUEST Approve minutes of January 14,2003 Pre-Council Meeting: 3- It AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS wrroP Date: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 14,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Tabled from January 7,2003: Update on Prosecuting Attorney Service: Presented (approx. 15 minutes*) 4. Ten Mile Interchange Report: Presented (approx. 15 minutes*) 5. Mill Levy Adjustment Committee: Continue to end of Regular Agenda (approx. 10 minutes*) 6. Discussion of Existing Deferred Compensation Plan: City attorney to prepare/review (approx. 10 minutes*) 7. Discussion / Decision on MUBS Billing Directive: Continue to January 21, 2003 Pre-Council Meeting (approx. 5 minutes*) 8. Discussion of Temporary Building Use by Rocky Mountain Management at East Pine Avenue and North Eagle Road: Discussed (approx. 5 minutes*) Meridian City Council Agenda - January 14, 2003 Page 1 of2 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. * 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 - January 14,2003 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 88&-4433 at least 48 hours prior to the public meeting. MeridianCiftr Pre~Council Meetina Januarv14~ 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, January 14,2003, by Mayor Robert Corrie. Members Present: Robert Corrie, Bill Nary, Keith Bird, and Cherie McCandless. Others Present: Bill Nichols, Kenny Bowers, Gary Smith, Mike Worley, Stacy Kilchenmann, Janice Smith, Pauline Skeggs, Brad Watson, Steve Siddoway, and Will Berg. Item 1. RolI~call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: (Inaudible) the Meridian City Council at 6:00 P.M. and have roll call attendance please Mr. Berg. Item 4. Ten Mile Interchange Report: Corrie: What we will do we will make a little change here. We will have the Ten Mile Interchange Preliminary Concept Report first since Susie has not arrived yet if you would like to Chief. Worley: Hi Mr. Mayor and Members of the Council I just talked to Susie on the phone and she's stuck in traffic on the freeway. There's an accident out there so I'm not sure when she'll get here. Corrie: Okay we'll wait for her, thank you. Steve. Siddoway: Thank you Mr. Mayor and Members of the Council. We're here tonight to present the findings of the Ten Mile Interchange Report. On December 26th, you all should have received in your boxes copies of the report. It basically comes in the form of three booklets. The first of which is the actual Preliminary Concept Report where they look at the pros and cons of their top four alternatives. The Demographic Analysis shows - is the foundation for the other two reports showing the demographics for the area, and what their projections are. The third one is the Traffic Analysis, which is a Traffic Study that includes traffic projections for 2010 and 2025. The project was completed and we have Earth Tech here to make the presentations to you on the major findings of that study so I'm going to turn the time over to him at this point. If -- I haven't seen Eric Davis, but if he shows up he may have a few concluding remarks as well. With that, I'm going to -- I have some copies of this presentation, whIch I'll pass out to the Council Members and turn the time over to them. Thompson: Mr. Mayor and Members of the Council I'm Dan Thompson. I'm with Earth Tech and our business address is 3071 East Franklin Road in MerIdIan. Meridian City Pre-Council Meetinq January 14, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P,M. on Tuesday, January 14, 2003, by Mayor Robert Corrie. Members Present: Robert Corrie, Bill Nary, Keith Bird, and Cherie McCandless. Others Present: Bill Nichols, Kenny Bowers, Gary Smith, Mike Worley, Stacy Kilchenmann, Janice Smith, Pauline Skeggs, Brad Watson, Steve Siddoway, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: (Inaudible) the Meridian City Council at 6:00 P.M. and have roll call attendance please Mr. Berg. Item 4. Ten Mile Interchange Report: Corrie: What we will do we will make a little change here. We will have the Ten Mile Interchange Preliminary Concept Report first since Susie has not arrived yet if you would like to Chief. Worley: Hi Mr. Mayor and Members of the Council I just talked to Susie on the phone and she's stuck in traffic on the freeway. There's an accident out there so I'm not sure when she'll get here. Corrie: Okay we'll wait for her, thank you. Steve. Siddoway: Thank you Mr. Mayor and Members of the Council. We're here tonight to present the findings of the Ten Mile Interchange Report. On December 26th, you all should have received in your boxes copies of the report. It basically comes in the form of three booklets. The first of which is the actual Preliminary Concept Report where they look at the pros and cons of their top four alternatives. The Demographic Analysis shows - is the foundation for jhe other two reports showing the demographics for the area, and what their projections are. The third one is the Traffic Analysis, which is a Traffic Study that includes traffic projections for 2010 and 2025. The project was completed and we have Earth Tech here to make the presentations to you on the major findings of that study so I'm going to turn the time over to him at this point. If -- I haven't seen Eric Davis, but if he shows up he may have a few concluding remarks as well. With that, I'm going to -- I have some copies of this presentation, which I'll pass out to the Council Members and turn the time over to time over to them. Thompson: Mr. Mayor and Members of the Council I'm Dan Thompson. I'm with Earth Tech and our business address is 3071 East Franklin Road in Meridian. Meridian City Pre-Council Meeting January 14, 2003 Page 2 of 21 Just to kind of tell you why we got three volumes is that basically the Preliminary Concept Report was the gist of what we were trying to get to but we couldn't get to that until we did the Traffic Analysis that's why we spent a lot of time on that. We couldn't get to the Traffic Analysis until we did the demographics so we're trying to get back in reverse order. You obviously, as you recall I was here previously on some other occasions and we did discuss basically the demographics report and the traffic. We'll briefly touch on those but focus mostly on the Preliminary Concept Report at this point. Basically, the people that are involved from financing the study are Retail West, the City of Meridian and Eastborn Investment Limited is what they are (inaudible). As mentioned, the Demographics Analysis was done by John Church of Idaho Economics. This is what we have with the existing demographics and the COMPASS 2025 model. Basically, this is in the area and the four quadrants around it there were a half a dozen Traffic Analysis (inaudible) as you recall. We had about 7,400 households, about 600 retail employees. They're estimating about 2,000 office employees, 900 industrial employees, and about 550 government employees. At the request of ITD, they asked us to review the demographics and see what really would happen out there. With the next slide what we're kind of seeing is based on the estimate of John Church using models of some of the other similar areas in the valley we're seeing basically an increase of about 4,000 households, about 5,000 retail employees, 3,500 retail employees and about 800 other employees. Just to put it into a perspective the total retail employees if we kind of work backwards, it comes out to about 1.7 million square feet of retail space, 5,500 office employees that comes out to about another 6 or 700 square feet of office space. The next slide please. We took that data, went to COMPASS, and worked on our trip generation. They determined how many trips are going to be interacting between the different Traffic Analysis zones. They're going to take that traffic and distribute it between the zones but they do it on a daily traffic basis. Our problem is we have to do our study on a peak hour basis so we had to take a peak hour, or daily traffic, and convert it into a peak hour. We did kind of focus on the interchange. We did discuss some of the other areas but our focus was on the interchange and our goal is to make it work. If there was, something that we felt wasn't functioning, we add a lane whatever we had to do to make it work, and that's where we ended up. The next slide please. Probably two of the critical findings of our analysis is that we did determine that Interstate 84 is going to require three lines by 2010 and will require four lanes by 2025 with our without a proposed intersection. This is also consistent with the findings of the 1-84 Corridor Study done in 2000 (inaudible) by COMPASS. What was good to see was that the traffic on both Meridian Road Interchange and the Eagle Road Interchange was relieved by this interchange construction of that. That gets us to our Preliminary Concept Report. What we do is we take those alternatives and actually do a conceptual design in probably more detail than is normally done but ITD is very concerned as well as Eastborn and the other parties are very concerned about having a very good control of the cost. We probably did a more detailed design than would normally be done at this stage. We want to look at any issues that might be involved with each design and discuss those. Then want to prepare a conceptual cost estimate to hopefully have a good grasp on it and look at any environmental issues that might be created from (inaudible) then from there prepare a report, With the cost Meridian City Pre-Council Meeling January 14. 2003 Page 3 of 21 estimate, they want to include as many elements as we could think of. We included sound walls and we included all the (inaudible) that would be necessary. The structure is as best as we could estimate them at this point is there anything you could think of relocating a (inaudible) is to try to include as much as possible (inaudible). Next slide. The first one we looked at was the standard diamond interchange that we discussed. The red line if you can see is proposed or estimated right of way, which would include (inaudible) required for any fill that we would require on that. As you can see in the southwest corner of this option, thank you, it has a significant impact on that neighborhood in there. Other than that, it's basically a standard type interchange that people would expect to find there and the next slide please. You're probably going to notice that we did have some change in the numbers on this compared to what you have in your report. That was basically because while I was traveling on vacation my boss reviewed it and at this stage there's always going to be different opinions and since he's the boss his opinion won. These will change slightly and I will issue a preliminary addendum to reflect that. In the diamond, interchange construction costs are about 10 and a half million and right of way costs of about four million. Other costs which includes the engineering, just other factors that ITD has in their estimate form and all those costs. Again, the standard type of construction is something that the drivers expect to see and they recognize it. Most of the right of way in this option is undeveloped with the exception of the southwest corner and that is one of our major disadvantages for this option. The other major disadvantage is the location of Tasa Drive and Overland Drive. Tasa Drive is probably very close and you'll probably have to have restrictive movements. Overland is close enough (inaudible) be a little problem getting a signal at Overland Road that worked with the signal at the off ramps. Next, slide please. The next option we looked at was what we're calling the offset diamond and what we did was to move that diamond just to the east. We moved it to the east of the farm located on Overland Road. There's an assumption that there's some historical buildings in that therefore we kind of try to avoid those. We still in the southwest corner do have an impact on that. Other than that it's still standard - pretty much a standard interchange. If we could go to the next slide. The cost is again about 10 and a half million for construction the right of way a little less and other costs is comparable. We have considerably fewer relocations involved in that which makes this advantageous. Again, it's a standard type of construction it doesn't violate any driver expectations. There is a lot of available right of way involved in that. Some of the disadvantages we have a longer structure that means it needs to be quicker as well as it's going to be more expens.ive to do that. Again, we still have a problem with the location of Overland. Road. Probably one of the main concerns with this one is it's got (inaudible) of disconnect on Ten Mile Road. People are going to have to come and take a (inaudible) 90 to go straight through. The analysis level we had didn't really indicate any operational problems but it's generally not considered a good thing to create a disconnect if you can avoid it. We'll go to our next one. This is our what we're calling a modified leaf a modified cloverleaf is what it would be. It's modified because we just have it in one quadrant we don't have all four quadrants (inaudible) out there. Again, this also is a typical type interchange that's very similar to the Overland off ramp over near Cole and Overland up there. If we go to our next slide construction cost on this we're looking at about Meridian City Pre-Council Meeting January 14, 2003 Page 4 of 21 9.3 million in construction, about three million in right of way and about another one and a half million in other costs. We still do have so many location costs, which is one of our advantages. The eastbound off ramp loop kind of creates a nice even flow and that is a major movement on this so it creates a nice even movement to get cars in that direction. One advantage I guess is we don't need the - the only other one that we probably warrant a move would be the southwest quadrant and that's the house in the canal and everything to kind of preclude us looking at that option. Some of the disadvantages we've got a little more right of way required. Again, we have a longer structure because we're going to have to have the off ramp lane included in that and then the location of Overland is still a problem at this (inaudible). This is our favorite one just because it's fun I think it's a preferred alternative here. This is our offset skewie. Remember our skewies are single point urban interchange. If we could go to the next slide, I guess we'll just look at that. Again, a construction cost you see is 13 million. Right of way costs are about 1.7 million and other costs we've got 1.8 million. We only have -- estimate only one relocation with this alternative, which is actually an advantage, which we did mention on there. Other major advantages listed is we can set the signals so we have signals at one third mile spacings which works very well for traffic operations. The disadvantages are of course the cost. We have many more structures involved with this one and we do - since we're - we'll have opposing left turn movements on the off ramps that there will be an increase delay on the ramps we think we can handle but (inaudible). One of the things we kind of looked at in each one and is very similar in all of them is we are talking about 13 million and it just doesn't seem that there's that kind of money available to construct it here in the near future there's a possibility of phasing. One thing we can do is construct part or a portion of the bridge. We would need anywhere from five to six lanes to cross the bridge we could actually construct three maybe four at this time. Then when the traffic warrants we could add on (inaudible) put turn lanes on the off ramp would reduce some of the (inaudible) requirements. We did - phasing it would resolve as an overall increase because we would have to have two construction phases there. Our basic feeling was is that there's probably not a significant savings in doing a phasing but that's something that we could probably be looking at in the future if you decide to go on with this process. The next slide please is what's next. It's currently under review by lTD. I did talk to them today they are expecting a completed review by the end of the month. It's my understanding it would be reviewed at the district. They are fully on board they've been brought up at all our meetings. They are understanding and I'm sure they'll have some comments and there should be no real surprises on that part. I think that taking the steps that Eric gave us would be involved in the (inaudible) of these maps and things, going to some of the existing owners and talking with them to make sure they have an understanding of what's going to be happening. Make sure there won't be any surprises that they read about in the paper or hear about from one of their neighbors. We do plan on having a public meeting and presenting this probably many of the displays we're looking at here. If everything goes well and things work out they're will be some negotiations with ITD between Retail West and ITD as to how we want to proceed next. Can I have the next slide please? This is just one last one. These are the owners. You know you can see we've numbered all the parcels on there that could be involved with this. I think there Meridian City Pre-Council Meeting January 14, 2003 Page 5 of 21 are up to 18 of them and they will be all contact (inaudible) and somebody stated they will not be involved but there's some - at least they got something to work with on that. Finally, I guess the next step if everything does proceed as we proceed on to our new interchange at exit 42. Nary: I thought that was the years it would take to get it going. Thompson: I guess that does bring up a timeframe. A lot of it does depend on the environmental issues left better uncovered. At this point, we don't - our preliminary stage really didn't show any of them typically thinking to avoid any relocation or anything like that you think that would significantly reduce the time required for environmental approvals. Environmental (inaudible) is almost always a hang up. If we can get everybody on board and keep everybody going, we're probably looking at a year of design time and probably about an 18-month construction period. That would be a very optimistic timeframe. I can answer any other questions you would like. Corrie: Questions. Bird: I have none. Siddoway: Mr. Mayor. Corrie: Good, yes. Siddoway: I was just going to point out Eric Davis is here now and he would like to wrap up with just a few closing remarks if there's time. Corrie: Okay Eric. Davis: Could you back up to the last one? Thanks Steve. Mr. Mayor and Council thanks. We were late coming in from - it's raining out there and traffics all backed up. We, just to back up on this Mike Ballantyne and I have been around now we've made it a point to try get to all the neighbors before this skit takes it's next step. Earth Tech has given us about eight steps that they have to go through that are you know sort of prescribed by ITD and the full formal process of (inaudible) highway. We didn't want to have that take on a life of its own before the neighbors really knew what was going on. We have. been in living rooms, restaurants and all kinds of places with about two thirds to three quarters of the ownership there on that map. We have had unanimous support except for one and we're going to make a second call because we just think there's more information that's available now. It's really encouraging and some of the people that are pretty experienced in both the transportation venues around here and people experienced in real estate Investment that's really encouraging. I wanted to pass that on not to get into a lot of specifics. The other thing we'll do after we talk to the neighbors this first week or two of the year I think we'll finish it up the middle of next week. Then we want to go around to ACHD, COMPASS, and ITO and actually make sure that we have full support in all those grooves so we don't get to the finish line and have a surprise. Then I Meridian City Pre.Council Meeting January 14, 2003 Page 6 of 21 want to have a meeting with ITO - with the property, owners and ITO Representatives maybe right here some night if we can use the room. Let the property owners meet each other, ask each other questions and ask ITO questions about the liability of this dispel anything that they might think is an Eric Oavis, Mike Ballantyne and Earth Tech story. Here it from the horses mouth. I want to get the full, momentum, positive momentum and full consensus before we ask for contributions and so far it's just been really good support. One last item it's not really on interchange it's the sewer. There was a little bit of confusion on the invoice and Eastborn's cost of the study. I've brought a check for the full amount of that invoice and I have a copy for you Gary. It's attached to a letter to the Mayor and what Eastborn is asking is some consideration that you know here's - you know they've paid almost 19,730 dollars for the JUB phase with one study and asking that that be considered as either a reimbursable item or a credit against future costs. When it comes time to formalize the financing structure of that sewer system, there will be participation of some sort by property owners to tie on. We thought that paying this up front money might be recognized later on. Gary was good enough to give us some support and said that that would take Council action some time some how. It's not on the agenda or anything but, I wanted to clear the slate of that because there was a little bit of confusion and it's over so thanks. Corrie: Okay thank you Eric. Any questions or - anybody have. 1.1 Nary: And I'm not sure Mr. Davis can answer this question or Steve but we've been trying and working through both COMPASS and ACHO. They're working with ITO about trying to get the Locust Grove Overpass built. They're the same folks we have to work with to get this going and I don't know if there's any impact that one may have on the other. I know we're trying to get the Locust Grove one moved up further and] don't know Steve, if you have any thoughts as to is there any impact to the city in trying to get both of these projects done through both ITO and (inaudible) at the same time? How that's going to impact funding, priority, and all of that. Siddoway: Mr. Mayor and Mr. Nary I have not had that conversation specifically with ITO and ACHO. I don't - it's a valid question because we've been postponed several times with Locust Grove and we're trying to move it up. We would hate to have one postpone the other. Oid you have some input on that? Thompson: Basically, -- Dan Thompson with Earth Tech again. It's just basically as you have seen that the projects can get shuffled around there but I don't really believe that this one would have an impact on Locust Grove. It's my understanding that Locust Grove that that is basically funded by the state and this one is going to have basically some private participation, which would be a huge help towards getting that on the project. This project is currently not within the state transportation improvement funds. Nary: Thank you. Corrie: Okay thank you. o Meridian City Pre-Council Meeting January 14, 2003 Page 7 of 21 Siddoway: Thank you. Item 3. Tabled from January 7,2003: Update on Prosecuting Attorney Service: Corrie: I guess the next one we move back up to the update on the Prosecuting Attorney. Glad to see you're here in one piece Susie. Mimura: Mayor and Council for the record I'm Susie Mimura I'm the City Attorney for Boise and that we have been providing, as you know based upon your Council actions under contract your prosecutorial services and your legal services to the Meridian Police Department. I have provided you with - we put together a pamphlet for our first quarterly report to you. We started doing your prosecutions at the beginning of November although we started transitioning and getting your boxes and your files from White Peterson back in October. To outline what our service, what you've contracted for services. You've contracted for criminal, prosecution of misdemeanors and infractions that occur within your city limits. You've also contracted with the City of Boise for victim witness services not only for your domestic violence cases but you've also asked us to provide on call service. If a police officer in the street comes upon a scene for domestic violence and apparently in one particular case on a suicide here in Meridian that they had the ability to call our victim witness unit and have somebody respond to help the family or help the victims in those matters. You've also asked us to implement a diversion program for Meridian under the juvenile accountability grant funds and so I've outlined to you what we have done to date. To summarize we have teams that provide legal services in the Boise City Attorneys Office the team that is providing the conduit for the Meridian Police Department's services is what's called the public safety team led by Elisa Massoth. Lisa's covering the Boise City Council Meeting tonight and she was the team leader, you've met her at the prior meeting. She has on her time, Allison Sticklets-Tate. She goes by Tate I made her put Sticklets on there because that's what her bar license said for a short period of time. Allison is the Assistant City Attorney that is assigned to the Meridian Police Department. The Police Department provided an office space down in their patrol division so she's readily available and accessible to the officers. She currently is housed out in the police station here two days a week and Allison is seated right there. Allison comes to us with background at the Attorney Generals Office where she served in the criminal division doing a pellet work and review work so she's a g~eat asset to both of our cities and in fact has provided recent training to all of the police officers on search and seizure. Further, she is providing an on call service for Meridian Police Department so if they have a question in the street as to do we have enough to make an arrest or what's the proper code section that we should use they have her available to them 24 hours a day, seven days a week. When she's not available the rest of her time covers for that on call service. She also reviews and handles property disposition matters. For instance, if you have a local store where there has been some items taken there in the evidence log or they need to be disposed of as well as firearms which have particular sensitivity because there's federal regulations. She reviews that and helps in the proper Meridian City Pre-Council Meeting January 14,2003 Page 8 of 21 handling and distribution of those properties. She is currently assigned and working on a draft for your consideration in the future at Chief Worley's request for a Meridian School Zone Ordinance. I expect that it will look much different than Boise's however as that, we've told you before we're not trying to provide services as we would expect Boise would do it but what you want us to do. Statistically, we received 65 boxes from White Peterson. We went through every box and we went through every file. The legal secretaries reviewed on the computer to see whether or not those in face were active files or dead files. We were able to immediately archive 51 of those, put them in order, put them in files and return them to the City of Meridian so that they could be properly archived. The way that we put that together you should be able to locate, retrieve, and give it out to the public if they should ask for any particular file. We receive 1,522 total criminal cases, which also include 288 closed cases. We received from the Meridian Police Department reports and citations that we hand entered into a database so that we can track how many cases are currently active and where they are as far as status, the number there is 1,278. We have 905 active cases being currently prosecuted, which are misdemeanors or infractions and there were 373 departmental reports where no cases were filed, which include 60 where the prosecution was actually declined or deferred. The victim witness services that are provided by Tina Perkins and her team. Both Chief Don Pierce and I jointly manage the victim witness unit and Tina is the supervisor over the unit. She has assigned an individual, a victim witness coordinator Robin Fischer as the Meridian contact and is also cross training a new part time victim witness coordinator Lisa Norton to provide additional services. Lisa will be out at the Police Station every Friday morning and she coordinates with the Police Officers as well as Allison as to what are the ongoing cases. How are we serving those victims in Meridian? As you see in the middle of your pamphlet, statistically the number of cases so far that we've opened there are 32 total cases 20 of which are still active. Seven are inactive or closed cases. One has been routed to the County for felony review because we believe that it should properly be looked at for felony as opposed to misdemeanor domestic violence case. Four are in the screening review process, two prosecutions have been declined and there have been five call outs for the victim witness coordinator. The type of cases that the coordinators also are providing services to Meridian, there are 25 domestic batteries, two stalkings, two indecent exposures, two violations of no contact orders and at the request of the police chief and myself there is one barking dog howling case which is taking up quite a bit of staff time and we are hoping that by use of the victim witness coordinator they will be better (inaudible) as toJhe court proceedings, the proper dates the court trials are currently set and what to be prepared for. As far as training already two months is what this quarter actually entails is November and December. We have provided records training to the Police Department and the records custodian, which was a full day training provided by myself as well as Tony Smith the records custodian for Boise Police Department. We provided them with a manual and have indicated to them areas where they may want to look at policy changes or to bring to you as Council members as to what you would like to happen as far as releases. There are certain standards or even the cost that you may want to contemplate as a Council. We also provided the records custodians and the police administrators that attended that training your ordinances that actually apply that are currently in Meridian City Pre-Council Meeting January 14, 2003 Page 9 of 21 place here in Meridian. Allison has provided search and seizure training and we also are providing the Police Department with timely training bulletins. The last training bulletin was more like a minnie book because we covered not only the State court of appeals Supreme Court decisions but we also cover the night circuit the Federal Supreme Court and if there is applicable district court holdings that are published we also provide those in the outline. The juvenile accountability services, J know that Steve Minnice who is our Program Manager and Matthew Haines the juvenile accountability coordinator have met our here with Police Chief Worley and have made some strides in beginning the implementation of you r program. They have passed to me the questions that they will be asking the applicants that they are looking to hire immediately. Another juvenile accountability coordinator that will be out here in Meridian meeting with your parents and teens that are caught with alcohol and tobacco violations. I have put a summary on the back side of the services that have been provided since November first and outlined our efforts in trying to provide you with a high level of service and also try to put together a summary of what we intend to do for the next quarter. We will continue our training efforts we will be hiring a JA coordinator to be assigned to the Meridian Police station where they will do the interviews with the parents and the teens or juveniles. We will continue to prosecute your criminal cases with the same energy and the high standards that we have for our Boise caseload. There is a new opportunity, the trial court administration has hired Judge Castleton a retired judge to put a new calendar on the fourth floor called family violence court and we will be covering that court on behalf of Meridian in DV cases that will be slated for that court session. The next quarter we will also be hopefully be reporting to you customer satisfaction. I am in the process of looking at some measurements or survey tool that we can send out to our customers, the police officers in the street, the victims, your JA participants and be able to report to you what the level of satisfaction of the services we are providing. We will also be asking you to contemplate whether or not you want us to participate on your behalf in the amnesty program. Meridian in the past has not. We have through the month of April for the last four years have allowed people to come in payoff their fines in court costs for contempt warrants or PO warrants where the only condition that has put them in violation of the law is failing to pay those fines and court costs. And if they pay them all off the entire amount, we quash the warrant and close out the case. In doing a recent review by our internal intern that we had this summer, we have been able to show that Boise actually peaks every April in the fine distribution and the amounts collected off of our traffic fines and court costs in April every year. Which I find is a good sign because most people are worried about paying their taxes and they let those things go but we actually see a peak. The last thing that I would ask is that if you have any questions feel free to give me a call or any of the team leaders. My phone number is on the back. I've also included, Lieutenant John Overton was gracious enough to send over an email to Alisa and Allison thanking them for th% training, and I have provided you with that because I'm not sure you get copies of information and I thought that would be valuable to you. ['I! stand for questions if you have any. Corrie: Thank you Susie. Nice report. Meridian City Pre-Council Meeling January 14, 2003 Page 10 of 21 Mimura: Thank you. Corrie: Any questions of Council? De Weerd: Mr. Mayor. Corrie: Mrs. McCandless, but I'll let Tammy go first. De Weerd: I would just like to compliment you on this. This is very nice presented to us. It's nice to be kept appraised as to what's going on and it's a very pleasant change. Mimura: Thank you very much, we are really pleased to be working with the Meridian Police Department and I'm real excited by the fact that they have been so receptive and so positive to the services we have been providing and that speaks very well for the chief and his staff. We felt very welcomed. I know that Allison has been thrilled. I went out and looked at her office and I said I'd like this office I'll trade with you. And she won't take me up on the trade but we are warmly received in the trainings, they have been very vocal in telling me how much they appreciate the service level that they are being provided. We have been contacting a number of witnesses. There was a few DR's that had apparently not been acted upon from the summer and we've made personal contact with those victims and those witnesses getting everything caught up. We feel that we are right now caught up, current, and acting upon cases that are coming in on a daily basis. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Chief is there anything from the Police that you wanted to add to that or anything on their perspective? I didn't want you to feel left out. Worley: Thank you Mr. Mayor, members of the Council, Mr. Nary. I can only say I just echo what Lieutenant Overton put in his letter we have been very impressed with the level of service. Allison is just more then readily available to anybody who needs her assistance. They've even gone out of their way to the extent that last Sunday when we had our homicide. Initially we were unable to contact the Ada County Victim Witness coordinators and of course we had a fairly extended family. We were calling Boise and they were more then willing to come out and help us with that, we finally did get Ada County out but it was over and above the call of level of service we were very impressed with them. Corrie: Okay anything else from Council. Thank you Susie, great job. Thank you very much. Next we have the Mill Levy, do you want to do that one next or do it last? De Weerd: We can do it last. Meridian City Pre-Council Meeting January 14, 2003 Page 11 of 21 Item 6. Discussion of Existing Deferred Compensation Plan: Corrie: Okay. Discussion of existing deferred Comp Plan. I think we can have that one very quickly. Janice. J. Smith: Thank you Mayor and Council members. You received in your packet some issues that we have on our existing deferred comp plan. And I did get a copy of this to our city attorney. I'm sure that he probably didn't have time to look over it but our existing deferred camp plan and resolution needs to be updated. Federal Laws have changed and the rights of the employer and participant on our existing one do not meet these laws. We as a trustee versus a plan administrator, we would like that changed. There are also limits on our maximum deferral amount on 457 plans and also a big issue that I have is on the withdrawal being on the payroll side and accounting side of it. Withdrawals we have three former employees that are no longer with the city but we still have to manage their money if they decide to take it out. We did have one former employee that was disabled, he wanted to take it out, and with our existing plan, and we had to tax him 20 percent. If we get this updated he could've moved that over into a roll over and worked with that because that is quite a hunk of money when he's trying to use that for retirement. That's kind of hitting the top part of it without going into detail. We have been working with our agents that handle the American funds at Waddell Reed but the first American funds they do not have a plan they would like the City Attorney create or update it. Waddell Reed they said that they have one but they don't have it yet but that has been over a month ago and we still don't have it. The other option we have on Page 3 is to freeze these two existing plans and we would like to go with the VALlC Plan, which would, signing this contract would cover all the federal laws. I think I have a copy there. It would be the adoption and the services agreement. We did have our HR, she went ahead and our committee reviewed it and she did go ahead and sign it because we wanted to make sure the city was in compliance for year ending 2002. At this time we want to freeze the employees accounts that are on the other two plans. Our option is they can put that money into our 401 k plan that is with PERSI choice so they would still benefit on the deferred taxes. Another thing that we are looking into is if there are any fees to roll these over into a VALlC Plan. We don't have that information at this time. Would HR have any input on this? Skeggs: In the old resolution 142, which we are out of compliance several components. What V ALlC did is just give us a new plan document that We can utilize to bring us into compliance for the plan year 2002. Right now the way that the current 457 is it's set up as the city that administers it. They are the trustees it is actually our plan versus have somebody else administrate it. Switching over to VALlC, they become the Plan Administrator and do all the paperwork and the process and the employees actually work directly through them. Where currently they have to work through our accounting department and we manage the funds, the funds are considered City funds instead of the fund that the employees put into the accounts and so what we are trying to do is come into compliance that we - unless we get it signed off we are still in compliance with resolution 142 which would have to be updated. Versus the new VALlC plan that would bring Meridian City Pre-Council Meeting January 14, 2003 Page 12 of 21 us Up into compliance, like under Resolution 142 it says that it talks about I guess the individuals that are the trustees, they are no longer even here at the city. You are talking about Grant Kingsford, Jack Niemann and then Janice is the only person still at the city versus the other individuals listed in that resolution. I'm not sure if any Council Members have had an opportunity to read that. Also another area is the maximum amount of contributions under resolution 142 it says the maximum amount is 7,500 where the new laws and resolutions have changed from plan year 2002 it was 11,00 but we would still only be allowed to have employees contribute 7,500 according to the resolution. Going with V ALlC in signing that agreement it would bring us into compliance for year 2002 where the maximum amounts would be the 11,000 dollars. Are there any questions? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: So what would you like us to do, do you want us to say go ahead and bring these back? Is that the intent because it makes perfect sense to me although I would note Pauline and I read in the resolution there was a method to replace the plan administrators in the resolution. Was that not done? Skeggs: It was never done. Nary: So Janice is the only one off of this plan. Skeggs: Janice is the only one still that was the Plan Administrator. Nary: But I mean basically are you just looking tonight for just some direction to come back basically to bring a new resolution (inaudible) Skeggs: Exactly so we can be in compliance and so in order to do that if we adopt the agreement from VALlC that will automatically bring us into compliance and it will give us the opportunity to look at the other options available to let employees know that we are no longer in compliance that we are no longer the trustees we are switching over what this means to them. They will sit down with a V ALlC representative to see if they can roll their monies into a different account. And if they are we have to look at if there are any penalties or rightnow for payroll deductions we have to freeze the payroll deductions for January until we decide what we want to do for this year which we would give the employee the option if they wanted to roll the money they are already putting into a 401 k plan until you know we have an agreement as to what we are going to do, what plan we are going to put in place. We are still trying to gather- ***End Of Side One*** Skeggs: -- we can do this. What we are trying to do now is just make sure that we are in compliance with the law because there are penalties from the IRS if we are not in compliance. That is the whole purpose of getting that resolution processed through. Meridian City Pre-Council Meeting January 14, 2003 Page 13 of 21 Nary: It sounds to me like that's what we need to do. Bird: I agree. Nary: It's not like there is an alternative. I mean we need to do it. I assume we need to do it within the next 30 days. Right we don't have the agreement here. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council. One of the attorneys in our firm, Phil Peterson, is one of the few attorneys in the state that does employee benefit plans like this retirement plan and I got a copy of the resolution. I didn't have a copy of the VALlC agreement until I got my packet but I got a copy of the resolution to Phil to look at. I'll have him review the VAll C Agreement it just may be that VALlC has a form type resolution that they like to see. We need to ask them, if you would please, whether they have some kind of a checklist or form resolution that they prefer for these types of plans so that we can add the necessary things in the resolution when we redo it to go fOlWard. As I understand it from Mr. Peterson the law changed in 1996 and the deadline to get things up to stuff was 1999 so we definitely need to. Nary: 30 more days won't hurt. Corrie: Okay lets have the attorney get that done. Anything else you need Janice? J. Smith: No that's everything thank you. Item 7. Discussion I Decision on MUSS Billing Directive: Corrie: The next one going down the line here is the MUSS Billing Directive. Smith: Good evening Mr. Mayor, Council Members. Leslie Howard is here this evening along with Rick Clinton and they have presented information to you concerning this residential billing directive. Leslie put together a short letter report along with doing some research on the subject as far as what other cities in our area are doing on this matter, and along with a recommendation. Hopefully you've had a chance to review all that information and both Rick and Leslie are here this evening to answer any questions that you might have so I will turn it over to them, thank you. Corrie: Thank you Gary. Howard: Mayor and Council. I hope that you've all read the memo that I have submitted to you in regard to our billing directive and what I'm proposing is that we reinstate the billing directive. Not that I stood behind your decision that was Meridian City Pre-Council Meeling January 14, 2003 Page 14 of 21 made back in April to do away with that. However with all the testimony that we have received similar to Mr. Horton's and the research that we have done with other cities. I propose that we reinstate the billing directive into the Billing Department so that we can better serve our property owners that have properties within the City of Meridian. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Leslie I guess I'm a little unclear and I did read your memo and my recollection is that when we made that directive to change the system was because that was what your department recommended. It wasn't something that we just came up with I mean it was something you recommended because the staff time to get it accomplished was taking a tremendous amount of time and there was no legal reason we had to do it that way and that was the reason for that decision. I've read your memo but it doesn't tell me other then we heard Mr. Horton's complaints, we asked previously to have a Public Hearing so that we could hear those particular ones but it doesn't tell me what's changed. Is this going to cost the taxpayers more internally for us to staff something to manage something that we aren't legally required to do or is it really just a customer service issue that we can provide better service to our community by doing that. Your memo says that's what your position is, is that we can provide better customer service but other then Mr. Horton we haven't heard anything from anyone else so I guess I don't know why we would want to change it back without knowing what the particular problems are. Howard: Mr. Nary we have several property management companies that have addressed to me the same problems or the same problems that Mr. Horton brought up as far as having trouble managing his properties when they aren't in town. I have several properties owners that live out of country. I have one that fives in Italy I have several that live in Canada that manage their properties. Another problem that has arisen since we decided to do away with (inaudible) we are having property renters that are having their water turned off because the property owner is either not getting the bill or they are getting the bill and not getting it to the renter in time to get that paid. Their water is getting turned off. We have a lot of renters that are in on turn off day upset because their water is turned off for non payment and no one was notified they weren't notified the property management company either wasn't notified. We're having a lot of trouble with the bills being out there in limbo where the property owner isn't getting them or the renter because the property owner has put in a forward address and then - well they could of put in a property or forward their property a couple of times and then so its out there in limbo and no one gets the bill, their water gets turned off and then they are upset because this has happened. Nary: My perception which might be wrong, but on the turn off list we receive monthly it seems that the number of unpaid water bills has gone down in the last year. Is there any relationship to that to this policy and if we changed it. Is it just going to go back up? Meridian City Pre-Council Meeting January 14, 2003 Page 150f21 Howard: I think the reason for their decrease in delinquencies that you see is the reminder notice that we have started sending out to remind those people I had several people - its bright pink. They have made several comments that is really hard to ignore that bright pink piece of paper when it's in a pile of bills and the pink is what they see. I think that the reminder notices brought that down substantially but we still have those problems where water is getting turned off. I do know for a fact that we had one renter that got his water turned off two months in a row because his property owner or management company didn't let him know that he had an outstanding bill and he was in my office threatening my staff - I mean he was angry, we really though he was going to come over the counter at us and he's not the only one, that's not the only time that we've had someone this angry come in because their water was turned off and there was miscommunication between our office and the property owner and the renter where no one had received the bill, Nary: How many property owners have adjusted and changed the system because we changed the policy a year ago but now it will be an inconvenience to change it back. Howard: Everyone has conformed or tried to conform to the change that we made however we still hear management companies and property owners wanting us to change it back because of the inconvenience to them. Nary: But how many people does that mean? Is that 10 or is that 1000? I don't know how many users of the system we have but is this a very vocal 10 to 15 people or is this a very vocal 500 people? I mean I don't know and your memo doesn't tell me. Howard: I would say it's a very vocal 50 people. Nary: Out of how many users in the system? Howard: 14,000 approximately. Nary: And of those 50 people some of that is management companies so we are talking in an apartment complex where it has 100 people or something like that. Is that some of that 50? Howard: Yes. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Leslie I appreciate the research you have done in contacting the other cities and utility companies to see how they handle it and that's provided some good background for what you are presenting. How has this Meridian City Pre-Council Meeting January 14, 2003 Page 16 of 21 recommendation changed if any from the original way you were doing it previous to this last change? Howard: The changes we have made or are going to make is better is information from the property owner has far as getting a notarized signature from the property owner so that for certain we have the correct person signing the form. We are also going to incorporate sending a reminder notice to the property the service address as well as the property owner so each person is aware. That the property owner is aware of the delinquent bill so that they can get a handle on that before it gets really out of hand as far as a high water bill goes and no surprises when their tenant moves out on them in the middle of the night. De Weerd: As I understand it and I think Gary had mentioned that you were getting feedback from a number of these people that you work with to develop this recommendation and have you discussed this with them? Is this something that seems workable because I do know how disruptive it is to an office environment when you have angry people at your counter and I think we do this not only has a customer service we do it has a employee benefit. Howard: Sure. I believe doing away with the billing directive was more time consuming to my staff then actually having it. Just due to the fact that the property management companies and the property owners are calling us and complaining about the process that we have decided to take and we spend more time letting them know we understand their frustrations. However this is how we've chosen to move forward and we can spend twenty thirty minutes on the telephone with these property management companies just telling them the same things over and over again and then when they are done with the staff they want to talk to the manager so that I know that they are unhappy with what is going on. De Weerd: Thank you Leslie. Howard: You are welcome. Corrie: Any other discussion? I will say that this is better then what we had before. I also get a lot of complaints right after they get out of your office its easy to walk across the hall and I've been trying to really go through this and see if we we're a better service and to the people and the property owners and I really think it's a good one. I appreciate that. The only question I have -.is to the attorney, have you seen this Bill, I'm sure you have? Nichols: Mr. Mayor, Members of the Council. Rick and Leslie have copied me with drafts and information as they have gone along and so this is not the first time I've seen it. They have actually we have corresponded back and forth in terms of things that they are looking at. Their recommendation was not one that was lightly arrived at, its been one that they have been working on and thinking about easily for the last couple of months or so because I know that looking at maybe changing back actually started back in October. They have been working on it for a while, I've looked at it, and it does provide some flexibility. I think as far as the collection goes having a delinquent notice also go out to the property Meridian City Pre-Council Meeting January 14, 2003 Page 17 of 21 owner is an improved process that will allow those folks to ding their tenants who aren't paying the bill. It's an improved process overall of what was there before. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Mr. Nichols wasn't part of the problem is the collection when the tenants moved out and the problem was in the past system we didn't have a way to collect it other then through a collection agency and that was the intent of switching to this property owner requirements so that we didn't run into problems with the (inaudible) we had a commitment from a property owner who was responsible for that property if that water bill was paid and if it's a communication issue between them and the tenant, my recollection, that was their problem not our problem. How is this new system going to resolve that issue of collecting after they vacate? Nichols: Councilman Nary, Mayor, and Members of the Council. The issue of the Grangeville case has to do with the ability to lien and I think what we are looking at in the billing directive is before a bill gets sent to someone other then the property owner the property owner has to say its okay to do so and if they don't pay I will. Then it becomes a way to say we can't turn this water on for the new tenant until you pay the old bill because it's clearly their bill. That's I think is the advantage for the billing directive as far as the collection part on the old one I think one of the problems we had on the old one was folks who sell their house haven't paid their bill for a month or two and then what do you do with that one and that is a little different issue then the tenant situation. Howard: Mayor and Council. If we do incorporate the billing directive back into the Utility Billing Department my plan is to do a mass mailing and make all property owners resign a current form and have it notarized so that we have current addresses for the property owner and current signatures to make sure that we actually have that property owners signature and we're not getting a tenant who went out into the parking lot and signed that homeowners name on to that billing directive when they have come back into the building with it. Then that way everybody is up to speed right from the very beginning. If they fail to fill out a new billing directive, my plan is the bill goes directly to the homeowner if they so not have a current notarized billing directive on file in my department. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council another that can be looked at is a one time fee to the landlord. For example, Intermountain Gas charges landlords up front a 14-dollar fee for doing a Landlords Agreement, which allows the bill to go to the tenant. Then when the tenant moves out and they call for a termination read the gas doesn't get shut off it just reverses into the landlord name but they charge an up front fee for processing that agreement and entering it into their Meridian City Pre-Council Meeting January 14, 2003 Page 18 of 21 system. It may be appropriate when you look at your water rates again to consider a fee for those landlords that want the bill to go to their tenants and to have that kind of agreement so that you do recoup some of your staff time for processing it. Clinton: Mr. Mayor. Corrie: Yes. Clinton: One other thing I would like to answer is Mr. Nary had asked the question about to what extent this would impact the staff. I'm estimating that it would add an additional 20 hours per week to our staff load to go out and physically padlock off the water meter every time we have a change of tenants. And Leslie's estimate close to 20 hours a week as well. Even though she feels like they can absorb that with the current staff they have but I don't think that I can predict that long term we could absorb it without some additional staff requ ireme nts. Corrie: Okay other questions. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess I don't have a question but I know the room is getting full and it's getting a little late. I guess I'd like the opportunity to sort of think about all the information that we've had and ask that we continue this matter maybe to next week Pre-Council so we can have a little more discussion and some time to digest the information. Especially I think Mr. Nichols has bought up at least something to consider on whether or not a fee for that service is something we would want to consider and then we would have a process we would have to follow to do that. I guess I'd like to ask that we would consider continuing this particular matter to our next Pre-Council Meeting next Tuesday. Bird: I agree with Mr. Nary. Corrie: Okay do you have any objection to that? De Weerd: No. Corrie: How about you Cherie? McCandless: No. Corrie: Then we will defer the further discussion until the next week's Pre- Council Meeting then. De Weerd: Mr. Mayor. Meridian City Pre-Council Meeling January 14, 2003 Page 19 of21 Corrie: Mrs. de Weerd. De Weerd: I guess if Council would agree maybe we can add the Mill Levy Adjustment Committee and discussion of the temporary building use by Rocky Mountain Management to the end of our Regular Agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I have no problem with the committee deal but I believe we got all the applicants here for this Rocky Mountain Temporary Building, a person to do that and it was on Pre-Council. De Weerd: I didn't know we had someone here. Bird: I think we ought to go ahead and take that. We are already 10 minutes over our Pre-Council anyway. Corrie: Council, want to hear it? Item 8. Discussion of Temporary Building Use by Rocky Mountain Management at East Pine Avenue and North Eagle Road: Corrie: Well let's hear the discussion of temporary building use by Rocky Mountain Management on east Pine Avenue and north Eagle Road. Is that you Brad. Hawkins-Clark: Yes it is. Thank you Mayor, Members of the Council. I believe you should've received two items in your Pre-Council packets. One was a letter from Mr. Andrew Simmons with Rocky Mountain Management and the other was a memo from myself kind of outlining this item. It did come out by Councilman Bird at last weeks City Council Meeting so that's the reason it was put on to the agenda tonight. Generally to summarize the request that was given to our department was for a temporary facility to be allowed to go on to the lot that is at Pine and Eagle Road. It's currently vacant it was a part of Presidential Subdivision and its vacant to a parcel that does have utilities to it but the request is to put a temporary facility there for J believe for a rather unknown period of time but approximately 18 months it could be more it could be less. Simply what staff of course just told them what the zoning ordinance regulations were which I've summarized for you there? Obviously staff has no problem with the reasons that were given and Mr. Simmons January tenth memo as to why a temporary facility for Saint AI's is a good thing. It really does come down to the schedule of use control and that it does require a conditional use permit. It fairly is a clear black and white issue for staff in the Zoning Ordinance in our interpretation so we felt it required a Conditional Use Permit. I outlined that in the memo and I guess the main reason it was on here is to inform Council of why we were not allowing them to just proceed with putting up the temporary facility on Eagle Road. I'm not sure of what - you are not allowed to do a variance for a land use under the Meridian City Pre-Council Meeling January 14, 2003 Page 20 of 21 Zoning Ordinance. You can do variances for dimensional setbacks you know bulk height etcetera but that use is prohibited under the variance so it did not give them that option. I think more or less the only outlet that was kind of provided for you was whether or not this could be called a roadside stand that was shown in Mr. Simmons letter and then we did not feel that that was the definition of the proposed Saint AI's facility. I'm open for any questions you might have from staff's perspective. De Weerd: I have none. Corrie: Mr. Bird, do you have any? Bird: I don't other then J believe Mr. Simmons is here. Corrie: Is staff recommending this be approved just by the staff level, or are they going to get a Conditional Use Permit I'm kind of confused here? Hawkins-Clark: No sir it's Conditional Use would be what we would require them to go through. Corrie: Any other Council questions? Do you want to hear Mr. Simmons? Nary: Sure. Corrie: Are you here Mr. Simmons? This isn't a Public Hearing but if you could kind of give us some information on what you have there and give us your name address just for the record. Simmons: I'm Andy Simmons with Rocky Mountain Management and Development. P.O. Box 15407 in Boise. My letter was fairly descriptive of our purpose for requesting this. I guess I would just question just the interpretation of the use. I'd argue that the use is allowed. The thing that is not mentioned is the temporary facility to house the use. [might be splitting hairs here but my intent is really to just shorten the process for everybody and save work for everybody. Then when we came up with the roadside stand it technically does fit that definition. [would just like to see us if possible defer this back to staff. We are happy to comply with any reasonable comments that staff would require or conditions that staff would require. Our intent is more to just save some time for the Saint AI's people and save some work. Thank you. Corrie: Okay. What does the Council? This is a discussion. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: You know I guess I understand the motivation that Mr. Simmons has in trying to get this facility going. You know I'm just not very much in favor of shortcuts. I don't see a reason here - I don't see some extenuating meeting to Meridian City Pre-Council Meeting January 14, 2003 Page 21 of 21 take shortcuts. Especially imply the fact that we really have language that really requires that and I think Mr. Hawkins-Clark is correct. I don't think the variance provision implies and even if it did, I don't think there would be grounds for it anyway. I think that we do need to comply with our code. I don't think this would be considered a roadside stand and that would be the only exception that would allow it. I think otherwise we'll just have to make an exception just because and everybody comes here and asks for that and we really don't like to do that so I don't think the process is that erroneous to go through to get a Conditional Use. It does take a little longer then just giving it to somebody but again I don't see any reason in our code that fits what they would like to do and I don't see any real reason to shortcut what we have just to for some convenience. Corrie: Any other comments? Since that's the comment then that's our discussion. Have Brad then will do the CUP. Hawkins-Clark: Thank you Mayor and Council. Corrie: Thank you. I would like to take about five minutes if we can to get reorganized after we close this pre council. If everybody is agreeable then we will move this Mill Levy adjustment Committee report at the end of the agenda, is that all right with everybody. With that being said I will close the - I need to make a motion. Bird: I motion to close the Pre-Council Meeting. De Weerd: Second. Corrie: Motion has been made and second that we close the Pre-Council meeting. Any further discussion? Hearing none. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~D-~ ERT D. CORRIE, MAYOR ATTESTED: WILLIAM G. BERG, JR., ADA COUNTY RECORDER J. DAVID NAVARRO BOISE lOAHO 01/24/03 12:02 PM DEPj,j1Y Bonnie oberbiiiig RECORDED - REQUEST OF Meridian City AMOUNT .00 7 111111111I111111111111111111111111111 103012604 CITY OF MERIDIAN ORDINANCE NO. 03- 0/ r ~ AN ORDINANCE FINDING THAT THE OWNER, CHERRY LANE CHRISTIAN CHURCH, FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for are-zone ofthe zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to L-O (Limited Office) District as defined under Meridian City Code S 11-7-2 G; and PARCEL A Lot 2 in Block 1 of Haven Cove No.1 according to the Plat thereof, filed in Book 62 of Plats at Pages 6178 and 6179, records of Ada County, Idaho. CHERRY LANE CHRISTIAN CHURCH (L-O) RZ-02-003 / RE-ZONE ORDINANCE - 1 PARCELB A tract ofland situated in the Northeast Quarter ofthe Northwest Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the one- quarter corner common to Sections 2 and 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, from which the Northwest comer of said Section 11 bears North 89003'40" West 2653.48 feet: thence North 89003'40" West along the section line common to said Sections 2 and 11 a distance of34.30 feet to the real point of beginning; Thence North 89003'40" West along said section line 35.70 feet to a point; thence South 00010' West 528.00 feet to a point; thence North 82040' East 36.01 feet to a point lying fifty feet westerly of the center line of Nine Mile Creek; thence North 00010' East along a line parallel with and fifty feet from the center line of said Nine Mile Creek, 522.82 feet to the real point of beginning. Except that portion conveyed to Ada County Highway District for the public right of way by deed recorded under Instrument No. 94017576. PARCEL C A parcel ofland located in Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more fully described as follows: Beginning at the North quarter corner, Section 11, Township 3 North, Range 1 West, Boise Meridian, thence running North 89003' 40" West along the section line a distance of70.00 feet to the real point of beginning, thence running North 89003' 40" West along the section line a distance of 348.23 feet to a point; thence running South 00056'20" West a distance of 40.00 feet to a point; thence running South 15005' East a distance of 286.46 feet to a point; thence running South 27015' East a distance of231.35 feet to a point; thence running South 02021' East a distance of32.77 feet to a point; thence running North 82040' East.,a distance of 166.85 feet to a point; thence running North 00010' East a distance of 528.00 feet to the real point of beginning. Except that portion conveyed to Ada County Highway District for the public right of way by deed recorded under Instrument No. 94017576. CHERRY LANE CHRISTIAN CHURCH (L-O) RZ-02-003 / RE-ZONE ORDINANCE -2 { 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property which is the subject ofthis ordinance is legally described in Section 1.1. on page 1 and 2 of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I -{-I;!;; day of ~~~:J ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /'1-6- day of < r t'vrvh- ad ' 2003. CHERRY LANE CHRISTIAN CHURCH (L-O) RZ-02-003 / RE-ZONE ORDINANCE -3 ATTEST: (I First Reading: 1-14-~tJ 3 Adopted after first reading by ~u~ension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: K No: Second Reading: Third Reading: STATE OF IDAHO, ) ss. County of Ada. ) On this I ~1:\'" day of ~ l1'\'tlltl1 ,2003, hefore me, the undersigned, a Notary Public in and for said State, persona ly 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. ~o;;\ilIHitl8lf3 66~.PJ.i~SA.:6o ~ ~ fu;~r TAi;~~<l>~ (~ $J"'CI;) / ~ 0 ~ '\~~ ( r (CUlif) , }'L~~ "" '0 - -- (SEAL) l'l : 1 El NOTARY PUBLIC FOR IDAHO 9 1 I m AJ '\ f. ~ \ J : RESIDING AT: . io\l..'-I. V"V\..W/ 1$ ' , 1& o~ J.'......~\c,/O&CI MY COMMISSION EXPIRES: <>q~~rn;n5~& Z:\Work\M\Meridian\Meridian ]5:rt1~ne Christian Church RZ,02-003 CUP.02.027\RZOrdinance.doc CHERRY LANE CHRISTIAN CHURCH (L-O) RZ-02-003 / RE-ZONE ORDINANCE -4 OJ ...J W U 0::: <::( CL ~0 ~~ ~~~ . I- OVl Zo:: :r: WU Uw ZZ <(:5 Z>- 00:: 0::::8] O:r: U ~ o J (I) ;;,; m o o ('o.l ~ z I=!~ <( -((I ;i o~:ri I"') cr: ri 0 I- W wI ~ ,,",,=:i:<( .,... ~OO .,... 1-- l..J...o::- Z O~~ o <(- I- >-:i:~ G3 I- u.i ~ VI U:i5: ((I ~ <( 0::: o ('o.l €. (1)1') 1--' ZN w":: <I.~ ()<( (1)0 U ---I W U 0::: <( n.. 0 ""? ~ J: Ul j.:. 0 m (k:: ::J 0 ~ J: 5; 0 \ 0 N < ~ .- Z }=!N ~ (k:: 0 ~ Z <( - ;1; <( - ::> t') i= z o Ul co 0 if} ~ 0::: rY 0 Z (k:: WW::J: 23;:< I .- 00 W 0 .- 1-- l.J....~;;i U w Z O~~ Z z 0 <( t- 3;:9 <( -' >- , ffi N Z 0 f-w::a; 0 >- w ....... - 0:::: if) UO t'} 0 <D ~, 0::: (k:: <D W ZN 0 J: W 0 ...J W <( l-- U < Ul 0 $::S:WWWWW - ~ - . - ~ - Clbbooooo Z..q-NOOOOO (k::'t0(oloio~oo <(ot()o~~..q-,,- Wenolol'NNO a:JOJO..-NOOJO Z(f)(f)(f)(f)ZZ W -' a:J <( t- wF= zCl -,'Z 'w -' I"') co ~gv OJ 'co vOro I"')'<tN t()I'Ii)O I"')l'coo "'-N(,()ro ~I"')~~ W Z::::iNr<)VIi)(,()1' -' -'-'-'-'-'---1 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No., tf}:3 - tf fi , passed by the City Council of the City of Meridian, on the /.!f -- day of 'aa/IArLMt'. 2003, is a true and correct copy of the original of said document which is in the care, cu odyand control ofthe City Clerk ofttWu<rtitX of Meridian. \,,\\\ Ift,,/ :\\\\~ elf If,;;, ~.;:..'.~ (1ClA ..~~ f V .,p~..AV1rk % ~ ~~ ~ .. ~ 'Q ... ~ ,,:Iff ~ g ~ ~~ D ~( _ ;: _' ILLIAM G. BERG, JIt - ~ ~ p ::: :;. Q "CfJ '.0 >? %""0 081' 15"\ . ~ .? STATE OF IDAHO ~\ '9 ~ ~~-::..::' , ;"111, 00Ul',IT"'t . "~,..,..,,, : SS"~~1t,,, ~'<;1 _.-j if:~~;d~~\\\ County of Ada, ) C',,(u'" On this 14 ~ day of ot C0VUlMU{ , in the year 2003, before me, the undersigned, a Notary Public, appeared wn1:IAM 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) oO-allliil10 D"" 00'> 9J:L~~o. Q~~O'fA.J?~~..~~. 4't.-:J / "'"- 'f""' ..:.......l!I iii t .. III " , \ .. 1lI l I 1lI .. \ I .. .. .. t Bl ~ .. / e. ~G ~.......fo.m..1C-::~O ,}t ..~?,;:,~---.;;;~.. "'4'~.(lCOFJJ-'.G. "I''''IiI......1I> ~VtMOY)SYnl-tl'0 Notary Public for Idaho Commission Expires: 0-1 -2 ~ -os Z:\Work\M\Meridian\Meridian l5360M\Cherry Lane Christian Church RZ..Q2-003 CUP-02-027\CertificationOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-02-003 ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 01/24/03 12:02 PM DEPUTY Bonnie OberbilHg RECORDED - REQUEST OF Meridiarl City AMOUNT .00 6 111111111I11111111111111111I111111111 103012605 CITY OF MERIDIAN ORDINANCE NO. 03- c:;q 6 AN ORDINANCE FINDING THAT THE OWNERS, JOHN FLAHERTY CONSTRUCTION, INC., STURGEON ROCK LAND GROUP, LLC, AND HOWELL- MURDOCH DEVELOPMENT CORPORATION, FOR CERTAIN REAL PROPERTY HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 K, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner ofthe following described property 8.2 acres (10.93 acres including roadways and easements) has made a written request for a re- zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to..C-G (General Retail and Service Commercial) District as defined under Meridian City Code S 11-7-2 K; and A parcel ofland being part of the North Y2 of the Southeast Y4 of the Northeast 'i4 of Section 18, T.3N., R.IB., B.M., Ada County, Idaho, and more particularly described as follows: MURDOCH SUBDIVISION NO.2 (C-G) RZ-02-004 / RE-ZONE ORDINANCE - 1 Commencing at a found 5/8" Iron Pin marking the Northwest comer of the Southeast 14 of the Northeast 14 of Section 18, the POINT OF BEGINNING; thence along said Northerly boundary of the Southeast 14 ofthe Northeast 14 of Section 18, North 89039'40" East, 1,326.53 feet to a point on the center line of Locust Grove Road, which is also the Easterly boundary of Section 18; thence along said center line and boundary, South 00031' 15" West, 664.63 feet to the Southeast comer of the North 12 ofthe Southeast 14 of the Northeast 14 of said Section 18; thence along said boundary, South 89036'07" West, 316.10 feet to a found iron pin marking the Southeast corner of Lot 8, Block 2, of Murdoch Subdivision No. 2, as recorded in the Plat Book 85, page 9158 ofthe Ada County, Idaho records; thence along the Easterly boundary of Lot 8, North 00031 '15" East, 401.87 feet to the Northwest comer thereof; thence along the Southerly right-of-way of East Watertower Street, South 89039'40" West, 1,010.31 feet to the Northwest corner of Lot 8; thence North 00029'39" East, 263.09 feet to the POINT OF BEGINNING. Said parcel contains 475,901.15 square feet (10.93 acres), more or less. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property which is the subject of this ordinance is legally described in Section 1.1. on page 1 and 2 of this Ordinance. MURDOCH SUBDNISION NO.2 (C-G) RZ-02-004 I RE-ZONE ORDINANCE -2 SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (C-G) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /4.f~ day of c'Jah UtVlVl , 2003. j APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! fI!!.- day of \7t1/ntwAJ ,2003. ATTEST: MURDOCH SUBDIVISION NO.2 (C-G) RZ-02-004 I RE-ZONE ORDINANCE -3 STATE OF IDAHO, ) ss. County of Ada. ) On this 14 -lYe day of ~ c('t~attf ' 2003, before me, the undersigned, a Notary Public in and fa 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) GGIiJ 0 "'Jtio <;><I1>ON SJt::'~ ~o ,,____~~~Q~ ",0 /O'1'A.l?~:,&~ t'Jr_ I'~ .,... "-',f"'tl 4_4/ ~ \ III o I \ 0 11l f ~ III III I I 0 tI \ t til G \ I Q 'il .. fDBt;C'O Q ;) _n.... ~ ;~; .& o Q.~""..... ..' l) 'i} -I';d"':;:'--'-rl'"I <S> <>o'~".o OF ~ o. o4"'ElQ",n~ f}hlVI (rnJ~lu'~ NOTARY PUBLIC FOR IDAHO -' RESIDING AT: Ac:fC( C{)U/i1t&t, Jd<<kiJ MY COMMISSION EXPIRES: (JL( - 2 g-07 Z:\Work\M\Meridiall\MeridiaIl15360M\Murdoch Sub No.2 RZ02-004\RZOrdillallce,doc MURDOCH SUBDNISION NO.2 (C-G) RZ-02-004 / RE-ZONE ORDINANCE -4 0 .... ~ ~ >- llJ ~ z \ ~ ~I Q) ~ a:: 0 ~ ~ ~c: w Z WN - .0 ."... <(r-~ ON c::: -5 - 0 Cf.) Z& z 0::: ciO C') Ww~ WC'\I I- :::2: ~Q 0=1:1: ex> r- - Z..c'T""" u.. a:: ~ o w_ o c: r-O <( 0 .2 ~~~ Z"'OtS - L- Q) .~ OJ(/) - Ul Go 0:::;2 !8 0 ......~l .::- i t~ ~ (0 to , C") ."... met) c:o (f) [,LS" ~O~. 3,,9~,H:oOON - CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. tJ$ ~ 196 , passed by the City Council ofthe City of Meridian, on the /?l/f:::- day of ~J;z/1utht:f , 2003, is a true and correct copy of the original of said document which is in the care, cus't'ody and control of the City Clerk of the City of Meridian. \\\'\~!~~~~II'I :\\' ~g U1l ~ 1'1'/ ......... """ ~ .....~ ..."...,.... ~ .2: v' "'-:~h ~ ~ r ~:e;.Lo. ~ ~ ~ v 0::- ~ ~ = : ......" ::: ~vi&~.~;Je~~- WILLIAM G. BERG, ST ATE OF IDAHO, ) : ss. County of Ada, ) On this 1 Ll .tin. day of d tJ."VU[a-t~r , in the year 2003, before me, the undersigned, a Notary Public, app~ILLIAM 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 ofthe City of Meridian. (SEAL) tlQlJtilElQlI <:)<;;.0 N SNJl;}t, $, ~~-__ /I;) C/O /"'O~ 'fA ;:''''''",:?,>o$ II:J ' ~ - "4'( ,.. ",.;e..1l> Qr_/""'i' v- ':vY'e. f3 -"', \ 111 Q I I .. '" : 1 : 'i1 \ t Q Q \ , Q Q , !bm.;C,' Q 00 <5'''.... :\l ~' 0/1;) .... ..; .0- .lI~~---~..<\ <> "'1l>;.o:OF 1-"0.0.0- llStllUll ~ haA(}Y]Srvu'th. Notary Public for Idaho Commission Expires: ()4 - 2 ~- or; Z:\Work\M\Meridian\Meridian 15360M\Murdoch Sub No.2 RZ02-004\CcrtificationOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK - RZ-02-004 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CAPITAL DEVELOPMENT FOR APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION NO.2, LOCATED NORTH OF WEST USTICK ROAD AND EAST OF NORTH LINDER ROAD, MERIDIAN, IDAHO C/C 01114/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-029 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 January 14, 2003, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, listing 9 General Requirements and 16 Site Specific Requirements, which are herein found fair and reasonable, and that Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Dave Y orgason, 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 "BALDWIN PARK SUBDIVISION NO.2" as evidenced in Plat bearing: "PLAT OF BALDWIN PARK SUBDIVISION NO.2, A PORTION OF THE NW ~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION NO.2 / (FP-02-029) - 1 OF SECTION 36, T .4N., R.l W., RM., MERIDIAN, ADA COUNTY, IDAHO 2002, BRIGGS ENGINEERING, INC., SHEET 1 OF 2, #20907 \20907-PLT.DWG BKB 11/26/02, HANDWRITTEN DATE: 11/27/02, CAPITAL DEVELOPMENT, INC. - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Capital Development, 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 ill, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, dated January 9,2003, listing 9 General Requirements and 16 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, also attached hereto is Steve Arnold of Briggs Engineering response letter to the staff comments dated January 14, 2003 and marked as Exhibit "B", and consisting of two pages, and the additional requirements from the action of the Council taken at their January 14, 2003 meeting as follows, to-wit: 1.1 As noted on the staff comments attached hereto as Exhibit "A " and consisting of four pages, and as noted in Steve Arnold's of Briggs Engineering response letter dated January 14, 2003, attached hereto as Exhibit "B", and consisting of two pages, and in particular to clarify the Site Specific Requirements numbers 3. and 7.a., which shall now read as follows: SITE SPECIFIC REQUIREMENTS: Number 3 shall now read as follows: 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDNISION NO.2 / (FP-02-029) - 2 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. Number 7.a shall now read as follows: 7.a. The proposed "wire fence" on Sheet DD 2 of the Landscape Plan is not approved and should be replaced with a solid fence. 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 ofIdaho 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 The Settler's Irrigation District has the following requirements and/or issues as follows: 1. All irrigation and drainage facilities/easements will need to be protected. The Matlock Lateral courses along the northwest comer of the property. SID requests that this lateral be piped, along with a 20' easement for operation and maintenance. 2. A license agreement needs to be signed and recorded prior to construction. 3. All storm drainage must be retained on site. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION NO.2 / (FP-02-029) - 3 4. Plan review/inspection fees shall be paid prior to any approvals. 104 The Nampa & Meridian Irrigation District has the following requirements and/or comments as follows: 1. If all storm drainage is retained on site, the Nampa & Meridian Irrigation District has no comment as it is out of their District. 1.5 For clarification from the City Council meeting of January 14, 2003, adopt the following: 1. The Ada County Highway District is going to purchase the additional right-of-way that they need on Linder Road. 2. The applicant shall construct a temporary emergency gravel secondary access in the northwest comer of the lot, being a portion of Lot 16. Additionally, once the pavement does connect all the way through to Cobblefield Crossing Subdivision, the applicant may come back at that time and modify the temporary gravel secondary access so that the remaining 20 foot easement would be a grass surface. The five-foot concrete pathway would still connect out to Linder Road. 2. The final plat upon which there is contained the Certification and signature ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION NO.2 I (FP-02-029) - 4 By action of the City Council at its regular meeting held on the 1 Ct'11u.OV\i,r /4 +tv day of ,2003. By ~4-~f) ~. R T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY~,~~CJ City Clerk \\\\\\11111111/11/ .\11 f ~ ~;^' 1/1 ,\. _I 0 f'J'...F?,(A III ,\ (.... ' v' ...... " :-: " -A -;, ...' 0' ~POD -/..4.. ,', -<- 01' q4 r t, ~~ :; ~G '6 -;:. ~ ~ ~ - - - - - - - - Dated: -/1--& 3 tS.i.,~ ~l, Z:\Work\M\Mcridian\Meridian 15360M\8aldwin Park Sub No.2 FP-02-029\OrderFP.doc - 7. .~) ;:::. C-Q ,(y. -~:' ~ "P'A u,s'r M'C' '// ,? .:.- ./ v Jv \ ..... ...{ ..... .-;.. "=y :---' -. t,'" ~ ....."".r"r C. - 'f,:.)\ ,.......... 1/ (~:f'" ,-,I ~< ....' //1 .... . :1"'" I;~_~,/ "..\\\ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDNISION NO.2 / (FP-02-029) - 5 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARThlENT (208) 288-2499 . Fax 288.2501 CITY COUNCIL MEMBERS William LM. Nary Keith Bird Tammy deWeerd Cheri.: McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Oflice Fax (208) 888-4218 PUBLIC WORKS BU1LDrNG DEPARTMENT (208)"887-2211 ,Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884.5533 . FAX 888-6854 MEMORANDUM: January 9,2003 To: Mayor & City Council :O'~ -" ,._. __ ~ 11., h . ,i t{: i ',,; T?'"'"il-'" --"".l.,,/I ii" $.:.1" ~ Bruce Freckleton, Engineering Tech III - ,,-..-..:.. 'I .L..i . .J . '" I \ to -1 AN. 9 2003 Brad Hawkms-Clark, Intenm Planrung Dlrector~\:\'- C' J.ty Of Men'di , Cf 1 ~ . an Request for a Final Plat Approval of Baldwin Park Subdivisio~n 1t~rljt~- Seven (37) Building Lots and Six (6) Other Lots on 9.23 Acres in an R-8 Zone by Capital Development (File No. FP 02-029). 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 SUMlVIARY & LOCATION This is the second phase, of Baldwin Park Subdivision, located on the east side of Linder Road, approximately Y2 a mile north of Us tick Road. The second phase of the subdivision includes a 37 single family building lots and 6 other lots. The gross density of phase No.2 is approximately 4.65 dwelling units/acre. The subdivision is located in an R-S zone, and all lots within the subdivision meet all of the minimum lot requirements of the R-8 zone. The minimum house size within the subdivision is 1,301 square feet, not including the garage area. ADDITIONAL CONSIDERATION · Linder Right-of-Way: As of January 9!ll, ACHD's Preliminary Plat condition to dedicate 48-feet of right-of-way on N. Under Road has not been formally modified. Based on recent policy changes, Staff is under the assumption that ACHD will not compensate the developer for this additional right-of-way. The N. Under Road right-of-way was purchased in Baldwin Park No.1, south of W. Monument Street, so it may be purchased north of Monument as well. If ACHD negotiates a right-of-way dedication in Phase No.2, the final plat will not need to be modified. However, if ACHD does not negotiate a dedication, staff is recommending the future right-ot- way be platted in a new common lot and planted with a vegetative groundcover (see Condition #4 below) to preserve the 96-foot total right-of-way width. · Emergency Access: The Preliminary Plat findings (#17.a and e, pg. 7) required the developer to provide an emergency access easement and non-build agreement in the northwest corner of this FP-02-029 Baldwin Park Sub No.2 ;hif ' ~~Lof Mayor and Council January 9, 2003 Page 2 phase until a permanent, second access was constructed. Since that time, the City has approved Cobblefield Crossing immediately to the north, which may extend N. Clearbrook A venue and provide a secondary access. If so, Staff supports the proposed layout with a 5-foot wide sidewalk in Lot 16, Block 1 (micropath lot). However, if the timing of construction of Clearbrook A venue cannot be coordinated to ensure connectivity prior to Baldwin Park's first building permit application, the temporary easement and non-build agreement must be provided (see condition #5 below). SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all 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 Homeowner'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 sh all be responsible for the payment 0 f assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water sysJ:em shall be approved and acti:<-~tLed, pressurized irrigatlon,,~~stem approved and activ.ated, drii~,ag.e lots. constructe~, fencing .~~~lled, a~d road base approved,py the Ada County HIghway DIstDct pnor to applymg for blllldm~ermlts. All development improyements, including fencing, nii<(ro-paths, irrigation, and landso~ing shall be installed and appiove,~ prior to obtaining certificaie~ of occupancy. A letter of credit-. or cash surety in the amount of'110% will be required for 'all fencing, lm:tdscaping, pres~rized ' , irrigation, sanitary sewer, wate'i'>et!2:: prior to signa~re on the'fjnal pJa~(tUv rfX:"" iJlIJ1l!-Lf.CLL0, tld:tv: "'- (JJL 1-/~03 ~{:;(pi ttiL. It/ud l-~iO.A..et~0 If the 48-foot right-af-way on N. Linder Road is not dedicated to the Ada County Highway District, staff recommends all future right-of-way (the portion to be dedicated) be platted in a separate common lot within Baldwin Park No.2. In addition, any portion of the future right-of- way beyond 13 feet from edge of pavement shall be planted with a vegetative groundcover and adequately maintained by the Homeowner's Association or other responsible party. 4. 5. In accordance with Condition # 17.a and e. 0 f t he Baldwin P ark Preliminary Plat, Applicant shall EITHER add a temporary emergency access easement to the micropath portion of Lot 16, Block 1 and provide a 20-foot wide all-weather surface that is free from all obstructions OR provide a written statement, signed by the developers of Cobblefield Crossing and Baldwin Park that N. Clearbrook Avenue will be constructed as a permanent secondary access prior to applying for any building permits within Baldwin Park No.2. 6. Fencing adjacent to the proposed micro-path lots shall be no higher than four (4) feet in height if the fence is sight-obscuring. FP.02-029 Baldwin Park Sub No.2 " uibif . Mayor and Council January 9,2003 Page 3 7. The Landscape Plan dated 12-20-02 by The Land Group IS approved with the following modifications: a) '-The pr-epeserl "wire fAnee" on Sheet DD 2 of:.-tlw-L-anBseap.~an-is-flBt-a17Pf6-V@Q-and ~l-accd with a solid [cuee to match t:l1~e-fenee-pl;-ep0QeEl-, ~. atijaeent to Linde! Road, (aw I'-v\; 1.L. t6u~vJL.j a~'~~, 1-14p~"3 }~~ b) A vegetative groundcover and minimum 5-foot wide asphalt patin1ia:it%e ad~a to Lot ' 7, Block 1. 8. Modify or add the following plat notes in the manner noted below: (11.) .. .Lot 7, Block 1 und Lot 1, Block 6 are is also covered... (14.) Fencinf! adjacent to the micro oath adjacent to Lots 6, 8. 15 and 17 of Block 1 shall be limited in height to a four (4) foot tall solid fence. 9. Sanitary sewer service to this site shall be via the White Drain Trunk. 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. 10. Municipal water service to this site shall be via main line extensions from existing mains in Ustick Road. Applicant will be responsible to construct the water mains to and through this proposed development (N. Linder Road and stub streets.) 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. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 14. Add the distance dimension to the east side of Lot 2, Block 8. 15. Modify the year on the final plat from 2002 to 2003. 16. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance FP-02-029 Baldwin Park Sub No.2 Mayor and Council January 9,2003 Page 4 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. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development, thereby making the available for adjacent properties. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-faat-wide walkway pathway without encroachment af mailbox structures. FP.02-029 Baldwin Park Sub No.2 b e-J · _~. .....~.. J. .. , __ SBI~SENGINEERl.NG, Inc. I I EHGI.NEI:RS/~[SURVEYORS January 14, 2003 FAXED DIRECT (888-6854) p.e1 C-{ 0 Of-14--D3 Brad Ha';Vkins-Clark, Interim Planning Director Meridian Planning and Zoning 660 E Watertower, Suite 202 MeridIan, Id 83642 RE: Baldwin Park Subdivision No.2 Dear Brad. J,~ 1'UJ. q ste '<< !~, -:pi.~ "': -~-1 'rr:: 7E1l.D ,. '''' _~ .,,"" >1Y , -.... ~- -':'\"......;j _"L ... ~ JAN 1 4 2003 City Of Meridian. City Clerk Office I have reviewed the Rnal Plat staff report for Baldwin Pcari<: No. 2 and have the following comments/clarifications. Site Specific Conditions: 1. The applicant has complied with all the conditions of the preliminary plat and development agreement. 2. The applicant will comply. 3, The applicant win comply. However. due to timing it may not be possible to activate the pressure irrigation system because water may not be available. }f this is the case, we respectively request that a bond be provided until such time.that water is available so that building permits are not delayed. 4. The applicant will comply. 5. I have spoken with the developer to the north and they stated there subdivision would be completed by July of this year. We will be completed with our subdivision several months prior to the completion of the subdivision to the north. If the City Council believes that an emergency access is stitl necessary than. the applicant would request that a gravel road adequate to sustain emergency vehicles Is required in lieu of asphaft. The asphalt is more expensive to construct and remove once there Is secondaIY access provided from the subdivision to the north. In any event, the applicant will construct a 5-foot pathway within the common lot. 6. The applicant will comply. 7. The applicant will comply_ 8. The applicant wiIJ comply. 9. The applicant will comply. 10. The applicantwilJ comply- 11 . The applicant will comply. 12. The applicant wiJl comply. 20907fFinal Pll'l.t Responsc ----JRN14 '-03-16:-14-- --un ~;b;f" - ,~~ --.-.-, ~_. 09 I 2088886854 PRGE.01 r.~~ BRIGGS ENGDlEfERIN~, Ihe.. 18QQ '!Y, OYerlaM Road..., )e. Idaho 63705 - f20B} ~9700 13. The applicant win comply. 14. The applicant will comply. 15. The applicant will comply. 16. Understood. General ReQuirements: 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. In general the applicant concurs with the staff report with the clarifications mentioned above. Sincerely ~ I!--J!I Steve Arnold Project Manager/Land Use Planner ___ J':flJJ J._~_ . 'JZt:t. 15 _:_14 . .. ~f eo 'i 2088886854.. . TOTAL P.02 PAGE. 02 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12-17-02 IN THE MATTER OF THE ) REQUEST FOR REZONE OF .8 ) ACRE FOR FARMERS & ) MERCHANTS STATE BANK FROM ) L-O TO C-G ZONING, LOCATED ) ON THE NORTH-WEST CORNER ) OF FAIRVIEW AVENUE AND N. ) HICKORY WAY, MERIDIAN, ) IDAHO ) ) FARMERS & MERCHANTS STATE ) BANK, ) Applicant. ) ) Case No: RZ-02-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of.8 acres having come on for public hearing on December 17,2002, 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 Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Richard Toney, appeared and testified, and no one appeared in opposition, and the Council having received the record ofthis 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK 1 (RZ-02-005) - 1 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 December 17, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the 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 December 17, 2002, 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 tl).e Impact Area Boundary. 4. The property is approximately .8 acre in size, and said legal includes the adjacent right-of-way which is being rezoned also, with a total acreage of 1.39 acres. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02~005) - 2 property is located on the north-west comer ofFairview Avenue and N. Hickory Way, Meridian, Idaho, and a copy ofthe 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 Farmers & Merchants State Bank, 4128 Adams Street, Boise, Idaho 83714. 6. The Applicant is owner of record. 7. The property is presently zoned as Limited Office (L-O), and consists of vacant land. 8. The Applicant requests the property be rezoned to General Retail and Service Commercial (C-G). 9. The proposed site is bordered to the north and east by Capital Christian Church, to the south by a commercial car wash, and to the west by Louie's Restaurant. 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 manner: As commercial property. 13. The Applicant requested rezoning of the subject real property as C-G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 14. There are no significant or scenic features of major importance that affect FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 3 the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code S 11-15-1lfor 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 ofthe conditional use process; 1504 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 of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 4 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff and Agency recommendations and/or conditions provide as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Conditions of Approval 1. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. 4. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 5. Development of the property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that apply upon review offuture development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. 1. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2-feet within the right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. If the sidewalk meanders outside of the "right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines. 2. Construct a 5-foot wide detached concrete sidewalk on Hickory Way that ties into the existing sidewalk on Hickory Way. Coordinate the location and elevation of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 5 the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of- way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Direct lot access to Fairview Avenue shall be restricted to this lot. A shared access with Lot 1, Block 1, Angel Park Subdivision located near the northwest property line and in alignment with the existing driveway across Hickory Way is preferred. 4. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb and gutter and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005) - 6 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 16. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "Commercial". The requested C-G zoning is harmonious with the "Commercial" designation and is in accordance with the overall goals and policies of the Comprehensive Plan. 17. It is found that the proposed zoning amendment complies with the intended zone(s) 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 not submitted detailed development plans for the un-built parcels within the development; however, it is found that the land to be rezoned will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 7 developed as a single commercial building. If the property is developed in accordance with the MCC, new commercial development would be allowed under the new C-G zoning designation. 19. The recent adoption of the Comprehensive Plan changed the land use designation ofthe property from "Existing Urban" to "Commercial" on the City's Future Land Use Map. 20. It is found that all development within the subdivision will be required to comply with the MCC, and that the future development of the land will be in harmony the existing and intended character of the area. All commercial development applications will have to be weighed on the merits of the specific application. All development will require a Certificate of Zoning Compliance or Conditional Use Permit application, as determined by the Schedule of Use Control in the City's Zoning Ordinance. 21. It is found that the re-zone to C-G should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the C- G zone may be disturbing to future or existing neighbors; however each development will be required to comply with the approval requirements of the MCC. 22. It is found that the proposed uses will be adequately served by all essential public services and facilities. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 24. It is found the C-G zoning designation ofthe property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L~O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 8 25. It is found that the proposed C-G 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 west of the subject property) has been approved of by ACHD as part of an earlier 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 the zoning amendment. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as 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. 3. The requested zoning of General Retail and Service Commercial District, (C-G) is defined in the Zoning Ordinance at 11-7 -2 K as follows: fC-G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005) - 9 4. Idaho Code 9 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 9 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 911-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. 9 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: 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005)-1O highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. S 11-15-11ofthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 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; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, r~fuse 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 11 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 ofthe City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINUS 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 .8, which said legal includes the adjacent right-of-way which is being rezoned also, with a total acreage of 1.39 acres, to develop the subject property as commercial property under the proposed C-G 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Conditions of Approval 1. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 ofthe City of Meridian Zoning and Development Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 12 2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 3. AU construction shall conform to the requirements ofthe Americans with Djsabilities Act. 4. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 5. Development of the property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that apply upon review offuture development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. 1. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2-feet within the right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines. 2. Construct a 5-foot wide detached concrete sidewalk on Hickory Way that ties into the existing sidewalk on Hickory Way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Direct lot access to Fairview Avenue shall be restricted to this lot. A shared access with Lot 1, Block 1, Angel Park Subdivision located near the northwest property line and in alignment with the existing driveway across Hickory Way is preferred. 4. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel 5. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 13 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb and gutter and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005) -14 the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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 (C-G) General Retail and Service Commercial District (Meridian City Code 9 11-7-2 K) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 ofthis 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 9 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 ofthe governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date ofthis decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ./It By action of the City Council at its regular meeting held on C7d /l.u~ 14 :2003. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005) -15 COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT CORRIE (TIE BREAKER) DATED: (-/4-03 MOTION: ~ APPROVED:~ DISAPPROVED: VOTED~ VOTED~ VOTED~ VOTED~ - VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY:~~~ Q,.. City Clerk t/ (/ Dated: /-/ -f-tJ 3 Z:\ Work\M\Meridian\Meridian 15360M\Angel Park Development RZ02-Q05\FfsCls0rderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .8 ACRES FROM L-O TO C-G BY FARMERS & MERCHANTS STATE BANK/ (RZ-02~005) ~ 16 \\\\\\llltlllruJII ,\\ Of ~ I)" 'I, "~I' ~I rv,iCPl,^ I/"~ ,-' ,"\ ~ Ifv'! /.. .:- U ""l ~ . cor-pon,,}- ~? ..::4,.1 ,,,,- -::. " "0 ~ ',~ ~ f -;:;..." 01.... "C6 .:::- -< ;,,') ~~'''' '0 ~ '~"', ...... I 131, . ~ ~ ~,~ ~ ~~~ ~ ',C'J .<'\". ,-.; .III 'frr,m 'v"........"- ./.I/il. ,....."',;i", -"0' - . \\\' "~~C~-,'I::ri n~B~\'\ January 10,2003 MERIDIAN CITY COUNCIL MEETING January 14,2003 APPLICANT Public Works Department ITEM NO. ~3-H 1k v/$ed h~J~ REQUEST Contract with HDR Engineering, Inc., for Geographic Information Systems (GIS) Preliminary Assessment Study: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Contract wrfYlJ II~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ReEl' JAN - 9 2003 City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady 1aJ! CC: Gary Smith Date: 1/9/2003 Re: Proposed Agenda Items for January 14, 2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the Januaf)' 14 City Council agenda, under Consent Agenda, for Council's consideration: GeoQraphic lnfonnatlon Systems (GIS) Preliminary Assessment. Based on the results of the analysis of the Request for Proposals received last year, Public Works has selected HDR to perfonn the GIS need assessment. HDR is a large engineering company with a Boise office, where most of the proposed work will be done. When complete, the study will help define what features the City will ultimately include in GIS. This will allow us to develop a better budget for next year. The contract amount is for $10,000, with optional tasks totaling $49,600. At this time, we are only requesting $10,000. This study was defined in the Public Works Strategic Plan as Strategic Initiative #4. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract with HDR for the GIS Preliminary Assessment for $10,000 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk 0(,. Lenard Grady SmffEngineer Meridian Public Works DeJXlf1rnel11 660 E. Watertower, Suite 200 Meridian, Idaho 83642 e Page 1 (208) 898.5500 Fax: (208) 887-1297 November 11, 2002 Revised January 7, 2003 Mr. Brad Watson City Engineer Public Works Department City of Meridian 660 E Water Tower Lane, Suite 200 Meridian, Idaho 83642-2300 Subject: Geographic Information Systems (GIS) Preliminary Assessment Project Consultant Agreement and Scope of Work Dear Mr. Watson: The HDR and Spatial Dynamics team is pleased to provide you with a draft Scope of Work for the GIS PreliminaryAssessment Project. Enclosed for your information and use are HDR's shott-form contract with attached Scope of Work and Terms and Conditions. We have a strong technical engineeling team capable of drawing upon GIS analysis and system design experience to serve you. Please call if you "have any questions (208) 342-3779, or require further information about our staff or HDR Engineering. Very Truly Yours, ~:::;2d. David Keil, PE Project Manager Enc. Cc: Mara Foley, HDR DanAyers, HDR Scott Chapman, Spatial Dynamics File SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this 15th day of November, 2002, between the City of Meridian ("OWNER") a municipal corporation through its Public Works Department, with principal offices at 660 E Water Tower Lane, Suite 200, Meridian. Idaho 83642-2300, and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with offices at 418 South 9th Street, Suite 30t, Boise, Idaho 83702, for services in connection with the project known as GIS Preliminary Assessment Proiect ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION 1, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION U. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineeling, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSA TION Compensation for ENGINEER'S services under this Agreement shall be on the basis of lump sum. The amount of the lump sum is Ten Thousand Dollars ($10,000). Agreement t'or Prot'essional Services 1-1999 Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. Agreement for Professional Services 2 1-1999 "j;ill :',~. LUO~. i I :J'~'AM "HLiK.-~-OI.S'e-,- 10 20BM342-4334 "V, u /.1 ( I I '1 No.0292 p. 4 IN WITNESS WHEREOF1 the parties hereto have execmcd this Agreeml:!nl ali of the day and year tirst written above. "OWNER1> BY~ NAME: TITLE: .ADDRESS: HDR ENGINEERING1 INe. ''ENGINE.ER. Tt cmtfjlL.~ Xr~~~o ADDRESS: ~l~~~~~a- BY: NAME: TITLE~ Agrccml:nt for Professional Services 3 1-1999 EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES For Geographic Information System (GIS) Preliminary Assessment Project For THE CITY OF MERIDIAN 1.0 BACKGROUND The City of Meridian has already made an initial investment in a GIS. The City Planning and Zoning Department has ArcView, which is an excellent platform from which to work and a platform that is compatible with that used in most other area jurisdictions. The Public Works Department is interested in implementing a GIS for support of water and wastewater master planning, to enhance responsiveness to information requests by the public, and to provide a common database of information from which others can access in the future. The Public Works Department currently has no fulltime GIS positions. The Public Works Department is responsible for Water and Wastewater Engineering and Planning. Like many other cities, Meridian's challenges with GIS could include the following: · Organizational/Structural Challenges: o GIS should be used up to its potential. o Department Managers need to balance the needs of GIS tech's with many other needs. o Department Managers may have little technical background in GIS, yet must manage GIS technical staff. o GIS tech's wear more than one hat - difficult to focus on GIS. · Personnel Challenges o Finding/Keeping a GIS Manager. o Attracting/Retaining People for GIS Tech positions. Database Challenges o City's GIS databases currently include Land Use, Zoning, Parcel boundaries, Addresses, and Digital Ortho Photos. o Water and sewer GIS databases may need to be developed from other databases. o In a growing community, such as Meridian, databases risk being quickly out-dated. o Accuracy of databases should be reviewed. o Currently no systems are in place to update databases from approved site plans, water and sewer repairs, water and sewer new construction contracts, etc. Application Challenges: o Don't have the applications needed to use GIS effectively. o Applications the Public Works Department currently use require high degree of computer knowledge to use - example - if Utilities wants a plot of sewer cave-ins, have to go to planning or use a consultant to plot - Public Works Department employees should be able to plot from their own machines. The Public Works Department has requested that the HDR and Spatial Dynamics team (HDR/SD) propose a scope of work to assess the existing GIS and provide an Implementation Plan to address and resolve the many challenges noted. The Implementation Plan will take advantage of the Public Works City of Meridian -1- GIS Preliminary Assessment Project HDR Engineering, Inc. Consulting Services 1/7/2003 Scope of Services Department's prior investments to make GIS a valuable tool that can be used by Public Works staff to serve the citizens of Meridian in a more efficient and effective manner. The HDRISD team has been applying GIS technology since the early 1990's and continues to deliver on projects that have involved GIS technology in public works civil engineering and other disciplines. These projects have included the utilization of GIS to support water distribution system, wastewater collection system, and storm water conveyance system analysis and design, as well as assist in environmental analysis for water resources and transportation planning. 2.0 SCOPE OF SERVICES Task 1: Prepare & Conduct GIS Needs Assessment, Inventory, and Interviews The purpose of this task is to determine the current condition of the Public Works Department's GIS, and identify Public Works Department staff requirements (both near-term and long-term) that influence the design of the GIS system. HDR/SD will meet with appropriate Public Works Department staff to assess: . Current GIS system design and facility layout. .. Current GIS & IT software license structure. . Current, near-term and rong-term user application needs. . Future GlS system hardware and software needs. . Current, near-term and long-term GIS staffing requirements. The on-site effort will involve a Y2 day series of meetings and workshops following this general format: Task 1.1: Documenting Existing GIS Environments HDR/SD will meet with existing GIS staff to characterize the Public Works Department's existing GlS system environments, including the following: . Review existing metadata on tile GIS system and GIS data. . Describe the quality, completeness and age of the GIS data available from Ada County. o Acquire diagrams and descriptions of the Public Works Department's overall computing system (network and workstations), if available. . Collect information on GIS software licenses, GIS network architecture, GIS database setup, as available. Task 1.2: Establishing GIS Needs & Requirements HDR/SD will conduct separate 15-minute meetings with up to three representatives of the pubric Works Department to determine their current experience with GIS and identify projects or workflows that may benefit from GIS technology. Specifically, these interviews will be used to help determine: liD What goals does the Public Works Department have in developing a GIS? . What engineering or information applications are currently in use? . What are your existing, mission-critical activities? . What GIS applications and data layers would be needed to address current projects or workflows? liD What are priorities for data needs and application needs? City of Meridian HDR Engineering, Inc. -2- GIS Preliminary Assessment Project Consulting Services Scope of Services 1/1/2003 After the interviews, HDR/SD will facilitate a 1-hour workshop with the Public Works Department staff. This workshop will provide the forum for the Public Works Department to establish its overall, comprehensive requirements for GIS, and will include the following steps: · Review the current state of the system, including an overview of the current use of GIS by the Public Works Department. · Review the GIS data and applications priorities identified by Public Works Department staff. o Discuss the potential interactions (both synergies and conflicts) between identified priorities. · Identify, as a group, the priorities for GIS data and application development for the Public Works Department as a whole. · Identify, as a group, any specific technical requirements necessary to ensure that GIS products or applications serve Public Works Department needs (e.g., resolution of digital orthophotography, accuracy of GPS-collected point locations, etc.) Task 1.3: Summarizing & Prioritizing Findings After HDRISD staff summarizes the input received from the previous meetings and workshops, HDR/SD will meet with Public Works Department staff (as needed) to clarify or elaborate on information collected. This information will be used as the basis for developing the GIS Assessment. Task 2: Prepare GIS Assessment HDRISD will develop a GIS Assessment based on Task 1. The Assessment will identify the current status of the Public Works Department's GIS, summarize (in priority order) the Public Works Department's GIS needs, and provide recommendations to address those needs. The Assessment will include the following: Task 2.1: Present Overview of Existing Staffing and System Architecture e An overview of Public Work Department's existing GIS staffing organization. . An overview of recommended GIS architecture. Task 2.2: Define Objectives and Goals of GIS Utilization within Public Works Department · An overview of the Public Works Department's GIS needs, in priority order. Task 2.3: Implementation · Discussion of the hardware, software, personnel, data and applications that could be needed to address the Public Works Department's GIS needs, in priority order. · Recommend short and long term strategies to address each of the identified needs. · Estimated capital and annual costs opinion for each of the GIS needs identified. City of Meridian HDR Engineering, Inc, -3- GIS Preliminary Assessment Project Consulting SelVices Scope of SelVices 1/7/2003 Task 3: Report Findings to Public Works Department Staff HDR/SD staff will present the findings of the GIS Assessment to the Public Work Department's in a meeting or workshop not to exceed two hours. The purpose of this workshop is to clarify any remaining issues or recommendations so that the Public Works Department can use the Assessment to develop budgets necessary to implement the recommendations, as appropriate. Task 4: Optional Sub-Tasks (Not included in the attached fee proposal) HDR/SD acknowledges the limited budget that was provided for the GIS Preliminary Assessment Project in the fiscal year 2002. The scope of work prepared for Task 1 through Task 3, above, is adequate for preliminary analysis of the Public Works Department's GIS capabilities and recommendations of future improvements to the Department's GIS. However, this scope of work does not include services that may further benefit the City of Meridian. Some of these tasks are identified in Task 4 and are intended to be provided upon request by the City of Meridian. Task 4. 1: Implementation Plan and Alternatives Analysis The purpose of this task is to evaluate and compare up to four candidate GIS implementation strategies. · Develop and discuss alternative GIS staffing models (centralized GIS staff, de-centralized GIS staff, staff supported by contractors, etc.), including the role of out-sourcing as a part of short and/or long term GIS solutions. · Develop and discuss the impact of various staffing models on existing department staffing requirements. CD Identify hardware and software requirements, database and application requirements. staffing and funding requirements, and implementation schedule. e Specific evaluation criteria will be identified for comparison of alternative implementation strategies and used in an alternative selection matrix. e Weighting factors of 1 through 5, where 1 is "less important" and 10 is "more important," will be developed with input from Public Works Department staff and applied to the relative importance of each evaluation criterion. e Each alternative will be given an unweighted score of 1 through 10, where 1 is poor and 10 is excellent, under each criterion. The unweighted score will be based upon whether the alternative satisfies the City's goals and objectives defined in Task 1. This score will be multiplied by the weighting factors to calculate a weighted score for each criterion. A summation of all the weighted scores of each alternative will be used to rank the various alternative implementation strategies. e A use case model will be developed which communicates the systems behavior to the project team in terms functional user-system interactions and the business rules that apply to that function. The use case defines the functional goals for the system design and forms the basis for the review and acceptance of the completed system. Task 4.2: Meridian GIS Prototype City of Meridian HDR Engineering, lnc, e A prototype of the recommended GIS, based upon the implementation plan developed in Tasks 1 through 3, will be developed. '. · The prototype provides a set of training tools that can help support training of staff prior to the system release, thus decreasing the time required to bring the new system to full operational service. e The prototype will include examples of the following: o New data development and capture, such as digitizing or scanning of up to three existing as-built record drawings. o Database development and loading, such as population of attribute for water main features based upon elements extracted from CAD files. -4- GIS Preliminary Assessment Project Consulting SelVices Scope of SelVices 1/7/2003 o Database maintenance o Spatial data editing and maintenance o Base map updates form Ada County o Field data collection o Initiation of attribute and spatial queries o Use of modeling interfaces (if necessary) o Report generation o Map generation Task 4.3: Presentation to City Council o HDR/SD staff will prepare a PowerPoint presentation that summarizes the Assessment for use at the workshop, and provide a copy of that presentation to Public Works Department staff. It HDR/SD will support Public Works Department staff in preparing a presentation to the City Council on the findings of the GIS Assessment. This includes providing assistance in revising the PowerPoint presentation prepared under Task 3, and helping Public Works staff prepare for meetings and/or presentations to City Council. 3.0 DELlVERABLES Task 1 Oeliverables: HDR/SD will provide the Public Works Department with a summary of the results of the workshop upon which the GIS Assessment is to be based. Task 2 Oeliverables: HDR/SD will provide the Public Works Department with 5 draft copies of the GIS Assessment for review and comment. Task 3 Oeliverables: HDR/SD will provide the Public Works Department with 5 copies of the final GIS Assessment. Task 4 Oeliverables (optional task): HDR/SD will provide the Public Works Department with 5 copies of an Alternatives Analysis and Implementation Plan, attend a presentation to City Council, and deliver final slides used to present the results of the GIS work effort. City of Meridian HDR Engineering, Inc. -5- GIS Preliminary Assessment Project Consulting Services Scope of Services 1/7/2003 4.0 PERIODS OF SERVICE Task 1 will be completed within 2 weeks from Notice to Proceed, depending on availability of Public Works Department Staff to participate in the workshop. Task 2 will be completed within 4 weeks of completion of Task 1, and Task 3 will be completed within 2 weeks of Task 2, 5.0 PAYMENTS TO HDR Payment for Basic Services: Compensation will be as summarized below, Fee summary sheets are attached, DescriDtion Amount GIS Consulting Services - Tasks 1 $10,000 throuQh 3 Lump Sum Optional Sub-Task 4.1 $19,300 Optional Sub-Task 4.2 $23,800 Optional Sub-Task 4.3 $6,500 Payment for Additional Services: Compensation for additional services will be on the basis of a Lump Sum or Per Diem as agreed upon before the initiation of any such services. HDR will not perform any Additional Services activities without written authorization from the Public Works Department. City of Meridian HDR Engineering, Inc. .6. GIS Preliminary Assessment Project Consulting SelVices Scope of SelVices 1/7/2003 ... iii Iff .-FA q~ ff Jan. ~. LuuJ II . 'tv/uti hUI1 UVlvC' d) 'UO'vlfL~lfoJ,)'t The parties have e:r.eclltcd this Scope ofWl1rk as of the day and year written below. crry OF MERIDIAN Brad Watson City Engineer Date: l-JDR Engineering, Inc. ~F~{t 4D~ Vice President ~ 9,dWJ -7- GiS PrelimInary Assessment Pro/8cf Consulrtng Services Scope of SeNlces --..... City of MeridIan HDR Engineering, Inc. 1/7/2003 EXHIBIT B TERMS AND CONDITIONS HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same localily, ENGINEER makes no warranties. express or implied, under this Agreement or otherwise, in connection with ENGINEER's services, 2. INSURANCE ENGINEER agrees to procure and maintain, at its expense. Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1.000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles: Commercial General Liability insurance of $1.000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1 ,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance, 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer, However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices. or over competitive bidding or market conditions. ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares, 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for perlorming work in accordance with applicable contract documents, ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise. control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further. OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies, 5. CONTROLLING LAW This Ag reement is to be governed by the law of the state where ENGINEER's services are performed, 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary IImltallons OWNER will also provide copies of any OWNER-furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project OWNER will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsIbility for the teChnical accuracy and content of OWNER-furnished documents and services, In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice, Further. it is the OWNER's sole responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER's legal and financial interesls, To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies. reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER. and will obtain the advice of an allorney, Insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7, SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the wrilten consent of the other 8. RE.USE OF DOCUMENTS All documents, including all reports, drawings, specificallons, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement. are instruments of service with respect to the project. ENGINEER retains ownership of all such documents, OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER. and OWNER will defend. indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attomey's fees, arising or resulting therefrom, Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER, 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreemeht, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party, Where the method of payment is "lump sum," or cost reimbursement, the linal invoice will include all services and expenses associated with the project up to the effective date of termination, An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination. and for a reasonable prom for services performed, 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the (10/2001) parties. One or more waivers by either party of any provision, lerm or condition shall not be COnstrued by the olher party as a waiver of any subsequent breach of the same provision, term or condition 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices, ENGINEER will retain receipts for reimbursable expenses in general accordance with I nternal Revenue Service rules pertaining to the support of expenditures for income tax purposes, Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reaSon, including the lack of supporting documentation. OWNER may temporarily delete lhe disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction, After any dispute has been sellled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only, OWNER recognizes thaI late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due. ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement. or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects 16. involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed. which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an 17. increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly, 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition. notice-to-proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATlON In connection with the services under this Agreement, ENGINEER 18. agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations, 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, nO hazardous materials are present at the project site. However, in the event hazardous materials are known to be Terms & Conditions for Professional Services 2 present, OWNER represents thaI 10 the best of its knowledge It has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbeslos, PCB's, pelroleuln, hazardous waste. or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent reqUired by law or regulalion. the appropriate governmental officials, and ENGINEER may, at its option and wilhoutliability for delay, consequential or any other damages to OWNER, suspend performance of services On that portion of the project affected by hazardous materials unlit OWNER: (i) retains appropriate specialist consullant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations, OWNER acknowledges that ENGINEER IS performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be enCountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder Cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice, To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionats. and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or enlity's sole negligence or willful misconduct. EXECUTION This Agreement, including the exhibits and schedules made part hereof. constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings, This Agreement may be amended. supplemented or modified only by a written instrument duly executed by the parties. LIMITATION OF LIABILITY ENGINEER's and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER's and its employees' professional negligent acts. errors, or omissions, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER and its employees from any liability above such amount. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering infonnation and documents and attending depositions, hearings, and trial (10/2001 ) January 10, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT January 14,2003 5 ITEM NO. REQU EST Mill Levy Adjustment Committee: 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: to ivJ-l ~~ ~-r5 Contacted: Date: Phone: Materials presented at public meetings shalf become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERlVIIT FOR A PLANNED DEVELOPMENT FOR MOSHERS FARM SUBDIVISION IN AN R-8 ZONE, LOCATED AT 895 N. TEN MILE ROAD, MERIDIAN, IDAHO CMD, INC. APPLICANT C/C 12/10/02 Revised 01114/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT The above entitled conditional use permit application having come before the City Council on December 10,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Brad Watson ofthe Public Works Department, Rod Ralphs, Doug Campbell, and Irma Atkinson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order.to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for December 10,2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries 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 December 10, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason ofthe provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 895 N. Ten Mile Road, Meridian, Idaho. 5. The owner of record of the subject property is Betty Mosher, 895 N. Ten Mile Road, Meridian, Idaho 83642. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 6. Applicant is CMD, Inc., 1661 Shoreline Drive, Boise, Idaho 83702. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of 25 building lots, 1 single family existing home, and 6 common lots. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Wendel Bigham, Joint School District No.2, expressed in his letter dated September 23,2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and Maps and the Ordinance estab.Iishing the hnpact Area Boundary. 13. Giving due consideration to the comment received from the governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT M 3 subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1, The elevations presented by the applicant during the hearing are acceptable and will fit on the lots shown in response to staff comment "A" on page 9 ofthe staff report. 2. The two amenities for the planned development are recommended for approval as follows: (1) expanded open space with pathways and (2) half-court basketball court. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements ofthe preliminary plat as a condition of the Conditional Use Permit. 2. All site improvements (landscaping, irrigation, etc.) for the .57-acre park/drainage pond and pathway area shall be complete prior to the issuance of occupancy permits for any building within the subdivision. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the following Recommendations ofthe ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site Specific Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 4 1. Dedicate 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The Applicant shall comply with the Ada County Highway District requirements as submitted or as expressly modified by ACHD. 2. Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at the Dis- trict for the required street improvements of approximately 495-feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. Construct the main entrance to the subdivision, West Ashley Avenue, on Ten Mile Road approximately 100-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. 4. Construct West Ashley Avenue with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum ofa 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 5. Construct North Brittney Court approximately l80-feet west ofTen Mile Road (measured from centerline to centerline). This location meets District policy for offset requirements and shall be approved as proposed. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 6. Construct an ACHD approved turnaround at the end of West Ashley Avenue and North Brittney Court. The turnarounds shall be constructed to provjde a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Submit a design of the turnaround for review and approval by District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 7. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformanc~ with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 6 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface..with a minimum width of 20' available at all times. UFC 902.2.2.1 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. It is recommended that no parking be allowed in front of Block 1, Lots 9, 10, 11, 12, 13, 14,22,24, and 25. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 E. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. F. Adopt the Recommendation of Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their December 10,2002 meeting as follows: 1. The applicant shall be required to tile the Ten Mile Drain at the east end to accept the sidewalk and the tiling shall be sufficient enough to allow the sidewalk to be extended, and applicant shall install railing between the edge of the tile and the sidewalk to promote pedestrian safety. 2. That the Applicant, due to the existing house located in the southeast comer on Lot 27 Block 1 of the property, shall be allowed a 12 foot rear setback.. 3. The Applicant shall be allowed a minimum house size to be 1,150 sq. ft. 14. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. The submitted elevations for the homes that will be located within this subdivision will not fit on all of the building lots proposed for this subdivision. Lots 10 and 11 are too narrow for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 construction of any of the proposed footprints. It is recommended that the applicant provide additional elevations and footprints of homes that will be able to be constructed on these lots. 15. That the proposed use and development plan will be harmonious with the Amended Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; it is found that the current Amended Comprehensive Plan Land Use Map adopted August 6, 2002, Resolution No. 02-382, designates the property as "Medium Density Residential". The proposed high density residential uses are harmonious with and in accordance with the Amended Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks. lfthe project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 16. It is found that the proposed townhouse use will be harmonious with the intended and existing character of the area. Berkley Square, directly north ofthe proposed project is similar in density and size. 17. It is not anticipated that the proposed project will have an adverse impact on other properties within the vicinity. 18. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer or that the person responsible for the establishment of proposed cqnditional uses shall be able to provide adequately any such services. 19. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT M 9 community. 20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. That the proposed use will not create significant interference with any traffic on the surrounding public streets, ACHD did submit a report for the project. 22. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permit~ which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction~ operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways~ streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes~ glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with FINDINGS OF F ACI' AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit; the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 ofthis Title. Provided; however; that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall; transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance; and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of25 building lots, 1 single family existing home, and 6 common lots in an R-8 zone located 895 N. Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The elevations presented by the applicant during the hearing are acceptable and will fit on the lots shown in response to staff comment "A" on page 9 of the staff report. 2. The two amenities for the planned development are recommended for approval as follows: (1) expanded open space with pathways and (2) half-court basketball court. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 2. All site improvements (landscaping, irrigation, etc.) for the .57-acre park/drainage pond and pathway area shall be complete prior to the issuance of occupancy permits for any building within the subdivision. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The Applicant shall comply with the Ada County Highway District requirements as submitted or as expressly modified by ACHD. 2. Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at the Dis- trict for the required street improvements of approximately 495-feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. Construct the main entrance to the subdivision, West Ashley Avenue, on Ten Mile Road approximately 100-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. 4. Construct West Ashley Avenue with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum ofa lOa-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVlIT - 14 5. Construct North Brittney Court approximately 180-feet west ofTen Mile Road (measured from centerline to centerline). This location meets District policy for offset requirements and shall be approved as proposed. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 6. Construct an ACHD approved turnaround at the end of West Ashley Avenue and North Brittney Court. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Submit a design of the turnaround for review and approval by District staff. 7. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 9. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowe~ unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 16 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. It is recommended that no parking be allowed in front of Block 1, Lots 9, 10, 11, 12, 13, 14,22,24, and 25. E. Adopt the Recommendation ofthe Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. F. Adopt the Recommendation of Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their December 10, 2002 meeting as follows: 1. The applicant shall be required to tile the Ten Mile Drain at the east end to accept the sidewalk and the tiling shall be sufficient enough to allow the sidewalk to be extended, and applicant shall install railing between the edge of the tile and the sidewalk to promote pedestrian safety. 2. That the Applicant, due to the existing house located in the southeast comer on Lot 27 Block 1 ofthe property, shall be allowed a 12 foot rear setback.. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 3. The Applicant shall be allowed a minimum house size to be 1,150 sq. ft. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 'AA ! ~ ~ day of ~PUA..-t:f...v1' 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: .I -- /4 -tJ .3 VOTED MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY~g&'~,o' ~ a- ity Clerk ~ r Dated:/-I.f-"tJ 3 \\\lItHIUm" \\\ f IV" "II ,,>">.{ 0 ,t;:i?4:2 11".1/... ':::-.:.\\ ~. ....-;. " 0 .00'{\PO~41;.." '1- % ..... ( ,,- '0 ~ ;. \ 1(-?-. SJLiLL 0> j . rlOo~\" ~, ... ~. <)" <~/8r 1'5\ . ;.... :f g "<;~.?-"'/ '~~--~ ~......~ '/, t. '",",,1 \'0 ,<;- "/.. ';'oj~. e. \\' '"ll.r; :.t..~,/t: ;,~ J ~~l' ,\\1 Z:\Work\M\Meridian\Meridian 15360M\Moshers Farm AZ02.023 PP02-021 CUP02-031\FfClsCUP02-031.doc FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR MOSHERS FARM SUBDIVISION IN AN R-8 ZONE, LOCATED SOUTH 895 N. TEN MILE ROAD, MERIDIAN, IDAHO CMD, INC. APPLICANT C/C 12/10/02 Revised 01114/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-031 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the December 10, 2002, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action; 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 25 building lots, 1 single family existing home, and 6 common lots in an R-8 zone located 895 N. Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The elevations presented by the applicant during the hearing are acceptable and will fit on the lots shown in response to staff comment "A" on page 9 of the staff report. ORDER CONDITIONAL USE PERMIT (CUP-02-031) -1 2. The two amenities for the planned development are recommended for approval as follows: (1) expanded open space with pathways and (2) half-court basketball court. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements ofthe preliminary plat as a condition of the Conditional Use Permit. 2. All site improvements (landscaping, irrigation, etc.) for the .57-acre park/drainage pond and pathway area shall be complete prior to the issuance of occupancy permits for any building within the subdivision. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The Applicant shall comply with the Ada County Highway District requirements as submitted or as expressly modified by ACHD. 2. Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at the Dis- trict for the required street improvements of approximately 495-feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District approval of the final ORDER CONDITIONAL USE PERMIT (CUP-02-031) -2 plat or issuance of a building permit (or other required permits), whichever occurs first. 3. Construct the main entrance to the subdivision, West Ashley Avenue, on Ten Mile Road approximately 100-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. 4, Construct West Ashley Avenue with 21-foot street sections on either side ofa center median. The median shall be constructed a minimum of 4- feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 5. Construct North Brittney Court approximately 180-feet west ofTen Mile Road (measured from centerline to centerline). This location meets District policy for offset requirements and shall be approved as proposed. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 6. Construct an ACHD approved turnaround at the end of West Ashley Avenue and North Brittney Court. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Submit a design of the turnaround for review and approval by District staff. 7. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 9. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside ofthe right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ORDER CONDITIONAL USE PERMIT (CUP-02-031) -3 ( Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized rep\esentative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, ORDER CONDITIONAL USE PERMIT (CUP-02-031) -4 plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of 28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. It is recommended that no parking be allowed in front of Block 1, Lots 9, 10, 11, 12, 13, 14,22,24, and 25. E. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. F. Adopt the Recommendation of Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be subqtitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the ORDERCONDITIONALUSEPERNrrT (CUP-02-031) -5 subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their December 10, 2002 meeting as follows: 1. The applicant shall be required to tile the Ten Mile Drain at the east end to accept the sidewalk and the tiling shall be sufficient enough to allow the sidewalk to be extended, and applicant shall install railing between the edge of the tile and the sidewalk to promote pedestrian safety. 2. That the Applicant, due to the existing house located in the southeast corner on Lot 27 Block 1 of the property, shall be allowed a 12 foot rear setback.. 3. The Applicant shall be allowed a minimum house size to be 1,150 sq. ft. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the /4:~ day of ~~~ ,2003. o rt D. Corrie, Mayor City of Meridian ORDER CONDITIONAL USE PERNUT (CUP-02-031) -6 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney, BY~~~~~ City Clerk Dated: - - -. Z:\Work\M\Meridian\Meridian 1 5360M\Moshers Farm AZ02-023 PP02-021 CUP02-031 \OrderCUP .doc ORDER CONDITIONAL USE PERMIT (CUP-02-031) -7 January 10, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT January 14,2003 g ITEM NO. REQUEST Discussion of Temporary Building Use by Rocky Mountain Management at East Pine Avenue and 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: MERI DIAN POST OFFICE: OTH ER: tuL dISfJ'S) Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MerIdian. ~f,I.~ol'\...I,.J.I.1.n.n- r-<<k V.t...t'l"~ -+ City Clerk l4J 001 tlG 01 ~ 1L{-o3 - J -\t'VYl 1lo. 1S Memo From: Mayor and City Council Brad Ha:wl<ins-Clark ~~ Andrew Simonds (Rocky Mt Mgmt), City Clerk January 13,2003 Temporary Facility for St A1phonsus @ Eagle Rd. & Pine Ave. ~~R r : 1.v .CEI', JAN -j 3 2003 To: cc: City Of Meridian City Clerk Office Date: Re: The subject item is number 8 on tomorrow's Pre-Council agenda. Mr. Simonds has submitted a letter dated 1-10-03 explaining the request. The purpose of this memo is to clarify Staff's interpretation of the Zoning Ordinance with regard to temporary facilities. The temporary facility described in Mr. Simon d's letter is not a use specifically listed or regulated in TItle 11 (Zoning Ordinance). There are two sections of the code that address temporary-type uses: A. Meridian City Code (MCC) 11-12-1. B. reads as follows: "Temporary Buildings: Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work may be permitted only in any district during the period the construction work is in progress: however, such temporary faCilities shall be removed upon completion of the construction work.. ." Since the proposed St. AlphonSlls trailer is not proposed to be "used in conjunction with construction work. ~ Staff does not consider this section applicable. B. MCC 11-8-1, Schedule of Use Control, lists ~T emporary Construction Buildjngs~ as requiring a Conditional Use Permit in all zoning districts, except R-4 and R-8. ConstnJctlon buildings are an undefined use. If a proposed use is not listed in MCC 11-8-1, then MCC 11-6-4.A applies. This section reads as follows: "Conditional Uses: When a use is not specifically listed as a permitted use, such use shall be hereby expressly prohibited unless by application and authorization (as provided for under conditional use) it is determined that said use is similar to and compatible with listed pennitted uses. Such uses may then be permitted as conditional uses." staff determined the proposed use to be "not specifically listed" and, therefore, required a CUP application be submitted by the applicant. 1 JAN 13 '03 11:56 2088886854 PAGE. 01 ,u.....".........../'il' ro.t. lI.1:'...I:'!". '+ City Clerk l4J 002 January 10. 2003 1700 W. ^irport Way P.O. Box. 15407 Bnis(:, Idah(l 83715 208-345.70.30 FAX l08w34S-7210 Mr. Brad Hawkins-Clark City of Meridian, Planning Director 660 E. Watertower Ln., Ste. #202 Meridian, ID 83642 Re; Temporary Facility for St. Alphonsus at the Presidential Commercial Subdivision Eagle Road and Pine Ave, Dear Mr. Hawkins-Clark, Pursuant to your voicemail yesterday. the purpose of this letter is to describe our request for a temporary facility for St. Alphonsus Regional Medical Center at the above referenced location. It is our intent to complete a new building for St. Alphonsus on one of the (ots fronting Eagle Road in the Presidential Subdivision within a year. We are currently negotiating the details of a lease foc an immediate care facility and administrative office. St. Alphonsus has an immediate need to begin p.roviding seI'\lices. to individuals and businesses in the vicinity of the Presidential Subdivision and they would like to be in operation in early March 2003. Therefore, it would be ideal if a temporary portable building were permitted until the permanent new building was completed, The City's Zoning and Development Ordinance is silent on the topic of temporary buildings other than construction trailers. but we believe that the City should allow the temporary facility for the following reasons: 1) 2) 3) 4) ZO-d JAN 13 '03 11:57 The temporary facility is not prohibited by the tenus of the Zoning and Development Ordinance. The medical/office use complies with the new Comprehensive Plan and is a permitted use for the location per the Conditional Use Permit affecting the property that was approved on October 20, 1998. This facility will provide needed essential public services for the surrounding residential and commercial areas., thereby reducing trip lengths and traffic problems. A temporary facility could be classified as a '<Roadside Stand", which is defined as "A temporary or mobile structure designed or used for the display or sale of productS and services". Since ~u~w~6euew u~~+unow ^~~O~ dOO:90 €O-OT-Ue~ ~~II,...,.......-........,...r-... J~.wn.LV,.l,t1l'1 CQ:.l., lJJ:ir.r. -+ City Clerk ~003 the use :fits this definition, perhaps this facilit:y could be approved with the same procedure as a roadside stand. We are willing to comply with any reasonable conditions that the City may impose, including: A) Providing ADA accessibility. :8) Securing all necessary building and occupancy permits. C) Being subject to a project schedule for the pennan.ent facility. D) Paying aU hookups and usage charges for City utilities. We realize that this issue could be handled through the Conditional Use Pennit Process but St. Alphonsus would like to begin providing services before the CUP could be approved, In addition., the request seems to be a minor action with no negative impact on the surrounding area. Accordingly, ifits approval remained at the staff level. there would be less work for everyone. Attached is a site plan showing our proposed temporary location. Let me mow if I can provide any additional information or help in any other way. Thanks, Brad. Sincerely, AWS:k1d Enclosure ~O-d JAN 13 '03 11:57 +uaw~6euew u~e+unow ^~~O~ dtO=90 €O-OT-U~C ~l'A'-'''''''''t'''\o''''''''-_'''''. I "'''''U J.I J.1'U~ rou.. !Jet''!'. 4 City Clerk @004 I J ~ . Q " . It.::," BASIS OF" BEARJNC . : ~: ~ ~ ~ r '!';'" - - - - - - - - - _ ~ .2L""'.,. .. :>c.. . 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"- I I I q 170"d JAN 13 '03 11:57 f:i II J ; ; j , I I ' ~II! rrJj U). , - I ~I ::! r :x> r I r : i (/). i Ci' OJ o .:5, U) o z ~uaw~6~u~W u~a~unoW ^~OO~ dtO:90 EO-Ol-ue~ MERIDIAN City of Meridian City Clerk's Office (208) 888-4433 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 Fax: Pages: 9hCU10Yl 5' Of -l?J~03 To: Marlene St. George - Legal From: Phone: Date: Re: C- { e, 0 I - \ L\ -02> cc: ~ (t - G ,,}+uM fL,o. <6 o Urgent 0 For Review o Please Comment 0 Please Reply o Please Recycle ** TX CONFIRMATION REPORT ** DATE TIME TO,FROM 05 01/13 15:19 2084664405 Fax To: Marlene Sf. George - Legal Fax: Phone: AS OF JAN 13 '03 15:22 PAGE. 01 CITY OF MERIDIAN MODE MIN,SEC PGS CMD" STATUS EC--S 01 t 28" 005 235 OK MERIDIAN City of Meridian City Clerk's Office (208) 88B-4433 Fax (208)888-4218 33 East Idaho. Nleridion. ID 83642 fforre 9hMOY) 5' 0( -- r?J-03 Pages; Oate: Ro: c;{ ~ ~--o3 cc: <Pre., - ~ J-tVM rl0. ~ o Vlgent o For Review Q Please Comment 0 preo~ Reply o Please Recycle ( Sharon Smith From: Sent: To: Cc: Subject: Brad Hawkins~Clark [hawkinsb@ci.meridian.id.us] Thursday, January 09, 2003 5:44 PM 'Sharon Smith'; 'Robert Corrie'; 'Anita Overlin' 'Will Berg' RE: DRAFT agendas for January 14, 2003 -RECEIVEn JAN = 9 2003 C~ty Of Mendi CIty Clerk om: Sharon, For the Pre-Council, I believe Councilman Bird and the Mayor wanted to add a discussion about a temporary building use on the northeast corner of Pine and Eagle Road, by Rocky Mountain Management. This issue was raised at the end of this week's City Council meeting. Brad H-C -----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Thursday, January 09, 2003 8:22 AM To: Robert Corrie; Anita Overlin; Gary Smith (E-mail); Brad Watson (E-mail); Brad Hawkins-Clark (E-mail); Janice Smith; Leslie Howard Cc: Tara Green; Jessica Johnson; Will Berg Subject: DRAFT agendas for January 14, 2003 Comments / corrections / additions? The order of the public hearings may be changed around a bit before tomorrow depending on how many members of the public we figure may be there to testify on certain items. Thanks! <<03Jan14.doc>> <<03Jan14precouncil.doc>> Sharon Smith Meridian City Clerks Office Ph. 888-4433 ext 210 BEFORE THE MERIDIAN CITY COUNCIL C/C 01-07-03 IN THE MATTER OF THE ) APPLICATION OF JC ANDERSON ) COMPANY, FOR A CONDITIONAL ) USE PERMIT FOR A CARE ) CENTER FOR UP TO 30 MILDLY ) ILL CHILDREN, AGES 2-10 ) YEARS, IN THE 0- T ZONE, ) LOCATED AT 217 E. PINE ) STREET, (PORTION OF BUILDING ) AT 834 E. 2ND STREET), ) MERIDIAN, IDAHO Case No. CUP-02-039 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on January 7, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Jared Anderson, appeared and testified, and no one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 7,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR.A.NTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 1 and with the notice of public hearings 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 said January 7,2003, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6512; and Meridian City Code 9911-15-5 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. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and Maps and the Ordinance establishing the hnpact Area Boundary Ordinance and Map. 4. The property is located at 217 East Pine Street, (portion of building at 834 E. 2nd Street), Meridian, Idaho. 5. The owner of record of the subject property is Red Canyon Corporation, 3420 Shadowhills Drive, Eagle, Idaho 83616. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / IC ANDERSON, CO. - (CUP-02-039) - 2 6. Applicant is JC Anderson Company, 623 E. Woodbury Drive, Meridian, Idaho 83642. 7. The subject property is currently zoned Old Town (0- T). The zoning district of 0- T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7 -2. 8. The proposed application requests a conditional use permit for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and certified nursing assistants. The O-T 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. That the Applicant, JC Anderson Company, is granted a conditional use permit for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and certified nursing assistants, located at 217 East Pine Street, (portion of building at 834 E. 2nd Street), Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which is on file in the City of Meridian Clerk's office, which is located at 33 East Idaho Street, Meridian, Idaho, for the development of the aforementioned project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / IC ANDERSON, CO. - (CUP-02-039) - 3 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Hours of operation shall be restricted to 6:00 AM until 8:00 PM. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall prohibited and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. The applicant shall meet the requirements ofthe Uniform Building Code for an E.Ill occupancy (daycare for more than 6 children a day) prior to occupancy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER/ IC ANDERSON, CO. - (CUP-02-039) - 4 building for daycare purposes. C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Expand the existing waste enclosure to 10 feet (10') inside of gate posts for clearance to handle the increase in waste volume. (See #H from the action of the Council on 1-7-03 on this matter.) D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A daycare is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements of the 1997 Uniform Fire Code & Building Codes. E. Adopt the Comments of the Nampa & Meridian Irrigation District as follows: 1. The District's Hunter Lateral courses along the eastern boundary of the property. Any encroachments within the easement area of the Hunter Lateral without written approval and a signed License Agreement are unacceptable. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The District requires submittal of plans for review for the child care center (for the care center). 2. The applicant shall be required to comply with any requirements presented by the Central District Health Department. G. Adopt the action ofthe City Council taken at their January 7, 2003 meeting as follows: 1. The applicant shall meet all of the licensing requirements of the State ofIdaho prior to beginning operation, especially pertaining to the day care licensing requirements in terms of the square footage issues, worker licensing, and for criminal background checks. A copy of the State license shall be submitted to the Clerks 0 ffice for inclusion in the City's records. 2. The applicant shall not be required to install a larger dumpster (thereby eliminating one parking space) if applicant contracts with Sanitary Service Company for more frequent garbage pickups to accommodate the increased quantity of solid waste. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 5 13. That the site is large enough to accommodate the requested the required parking (6 spaces), landscaping (through the alternative compliance section of the Landscape Ordinance), and other features required of a daycare use by this ordinance. 14. That the proposed use and development plan will be harmonious with the current Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Old Town", and which is currently zoned as "Old Town". It is found that the requested childcare use is a conditional use according to MCC 11-8-1. 15. It is found that the proposed development will not change the existing or intended character of the general vicinity (currently a mix of office, residential, commercial and quasi-public uses). 16. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 17. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER/ Ie ANDERSON, CO. - (CUP-02-039) - 6 19. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. That the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by issuance of this conditional use. 22. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. CONCLUSIONS OF LAW 1. Idaho Code ~ 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant ifthe proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions ofthe zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and " (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / IC ANDERSON, CO. - (CUP-02-039) - 7 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code S 11-17. 3. Idaho Code g 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 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 Applicant, JC Anderson Company, is granted a conditional use permit for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 8 certified nursing assistants, located at 217 East Pine Street, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file with the City Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, for the development of the aforementioned projects. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Hours of operation shall be restricted to 6:00 AM until 8:00 PM. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements I. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. AU 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. AU parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall prohibited and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 5. The applicant shall meet the requirements ofthe Uniform Building Code for an E.Ill occupancy (daycare for more than 6 children a day) prior to occupancy of the building for daycare purposes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / IC ANDERSON, CO. - (CUP-02-039) - 9 C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Expand the existing waste enclosure to 10 feet (10') inside of gate posts for clearance to handle the increase in waste volume. (See #H from the action of the Council on 1-7-03 on this matter.) D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A daycare is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements of the 1997 Uniform Fire Code & Building Codes. E. Adopt the Comments of the Nampa & Meridian Irrigation District as follows: 1. The District's Hunter Lateral courses along the eastern boundary of the property. Any encroachments within the easement area of the Hunter Lateral without written approval and a signed License Agreement are unacceptable. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The District requires submittal of plans for review for the child care center (for the care center). 2. The applicant shall be required to comply with any requirements presented by the Central District Health Department. G. Adopt the action ofthe City Council taken at their January 7,2003 meeting as follows: L The applicant shall meet all of the licensing requirements of the State ofIdaho prior to beginning operation, especially pertaining to the day care licensing requirements in terms of the square footage issues, worker licensing, and for criminal background checks. A copy of the State license shall be submitted to the Clerks office for inclusion in the City's records. 2. The applicant shall not be required to install a larger dumpster (thereby eliminating one parking space) if applicant contracts with Sanitary Service Company for more frequent garbage pickups to accommodate the increased quantity of solid waste. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 10 3. That the City Attorney draft an Order Granting Conditional Use Pennit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 11 ~ day of da/1ct~r(t- ,2003. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER f IC ANDERSON, CO. - (CUP-02-039) - 11 MAYOR ROBERT D, CORRIE (TIE BREAKER) DATED: 1-14--() '3 APPROVED:~ VOTED MOTION: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY:'~~~y. City Clerk I Dated: ~ :::- Z:\Work\M\Meridian\Meridian I 5360M\Sniffies 'n Sneezes Care CenlerCUP.02.039\CUPFfClsOrdDec.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 12 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) JC ANDERSON COMPANY, FOR A CONDITIONAL ) USE PERMIT FOR A CARE CENTER FOR UP TO ) 30 MILDLY ILL CHILDREN, AGES 2~10 YEARS ) OLD, IN O-T ZONE, LOCATED AT 217 EAST PINE ) STREET, MERIDIAN, IDAHO ) ) ) ) C/C 01-07-03 CASE NO. CUP-02-039 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 71h day of January, 2003, 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: 1. That the Applicant, JC Anderson Company, is granted a conditional use for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and certified nursing assistants, located at 217 East Pine Street, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and certified nursing assistants, located at 217 East Pine Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Hours of operation shall be restricted to 6:00 AM until 8:00 PM. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IC ANDERSON COMPANY CARE CENTER FOR UP TO 30 MILDLY ILL CHILDREN (CUP-02-039) 1 ( B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall prohibited and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 5. The applicant shall meet the requirements of the Uniform Building Code for an E.III occupancy (daycare for more than 6 children a day) prior to occupancy of the building for daycare purposes. C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Expand the existing waste enclosure to 10 feet (10') inside of gate posts for clearance to handle the increase in waste volume. (See #H from the action of the Council on 1-7-03 on this matter.) D. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. A daycare is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements of the 1997 Uniform Fire Code & Building Codes. E. Adopt the Comments of the Nampa & Meridian Irrigation District as follows: 1. The District's Hunter Lateral courses along the eastern boundary of the property. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - Je ANDERSON COMPANY CARE CENTER FOR UP TO 30 MILDLY ILL CHILDREN (CUP-02-039) 2 Any encroachments within the easement area of the Hunter Lateral without written approval and a signed License Agreement are unacceptable. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The District requires submittal of plans for review for the child care center (for the care center). 2, The applicant shall be required to comply with any requirements presented by the Central District Health Department. G. Adopt the action of the City Council taken at their January 7,2003 meeting as follows: 1. The applicant shall meet all of the licensing requirements of the State ofIdaho prior to beginning operation, especially pertaining to the day care licensing requirements in terms of the square footage issues, worker licensing, and for criminal background checks. A copy of the State license shall be submitted to the Clerks office for inclusion in the City's records. 2. The applicant shall not be required to install a larger dumpster (thereby eliminating one parking space) if applicant contracts with Sanitary Service Company for more frequent garbage pickups to accommodate the increased quantity of solid waste. 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 the permit. By action ofthe City Council at its regular meeting held on the -'-1!!day of ~1t1A.. c:vz..~ } 2003. v ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT" JC ANDERSON COMPANY CARE CENTER FOR UP TO 30 MILDLY ILL CHILDREN (CUP-02-039) 3 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: c:Ii#u~,6~ >2 City Clerk Dated: / - / ~ --() g Z:\Work\M\Meridian\Meridian I 5360M\Sniffies 'n Sneezes Care Center CUP.02-039\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IC ANDERSON COMPANY CARE CENTER FOR UP TO 30 MILDLY ILL CHILDREN (CUP-02-039) ,\ \ \ \ nllHl f1, I, ,\' f M"- 'Ir ",,\ -{ 0 r::.FlII' III,,~ " ,~ <...'4 ~ f a of\POI't<j h '1- % ; ~0 <to ~ SEAL ~ ):)-, ~ ~ ~ ~ .... ~/,-- >\J ~ ~ '76 ~\':)'r- 1S1 ' f? j ....'/ :.<j' ,... .<'I "C ...0::- '/1"III~n'.lf'rrl . '\~\,\\'\'> i,~"ii/.;::'~Jr;.~ t~~~t.~l.~'\\ 4 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR THE FINAL PLAT FOR SPARROW- ) HAWK SUBDIVISION, LOCATED AT THE ) NORTHEAST CORNER OF N. NOLA ROAD ) AND E. FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) ) ) ) ) ) ) ) ) BY: SITZLAR REAL ESTATE, DEVELOPMENT, APPLICANT C/C 01-14-03 CASE NO. TE-02-008 ORDER GRANTING A ONE (1) YEARTIME EXTENSION FOR FILING THE FINAL PLAT This matter coming on regularly before the City Council on the 14th day of January, 2003, upon the Applicant's time application for a one (1) year extension within which to submit the Final Plat, which was originally approved on January 13,2002, as provided in g 12-3-6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period ofti~e until January 13,2004, ofthis Order within which to submit the Final Development Plan Plat for the above entitled subdivision application, due to construction issues, ACHD's right-of-way policy changes, and financing issues. Order Granting A One (1) Year Time Extension For Filing The Final Plat (TE-02-008) 1 By action of the City Council at its regular meeting on the /4.th day of c!,a,f/;U tUL~ff DATED this ,2003. 11th dayof ("~{VVl.J,{ tUl.-i-(,) o 0 , 2003. Copy served upon Applicant, Plalming and Zoning Department, Public Works and the Citv11lllfI \\\\I"\! Ift'l Attorney. ,\\\\ Of Mc::p/III// ", .<"'" "DL //,. " 0" 'AlA, ~ l ~ /l., n I 7 /721 ';;-(p,^?~% 'v \~ By~/?/~/h-~~ Dated:./ --(/J = SEAL ~ City Clerk ~ ~ ('5):'~ ~ 0, "~ ~ -;:;. "1"A <./~,.,. ",' . 0.::- '/ Vn l), 11..,\' ,<=.::;. "''l "'lC ()~ ,,':::- '';1 '0' r, ,"'f " \"" Ill.. << .,:". ~. \\\, . .'" \\ Z:\Work\M\Meridian\Meridian t5360M\Sparrowhawk Sub TE-02-00&\FPTime Extension02-008.doc Order Granting A One (1) Year Time Extension For Filing The Final Plat (TE-02-008) 2 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT APROV AL FOR TREASURE VALLEY BUSINESS PARK PHASE 1 IN AN I-L ZONE, LOCATED ON THE SOUTHWEST CORNER OF N. EAGLE ROAD AND E. FAIRVIEW AVENUE, MERIDIAN, IDAHO CLARK DEVELOPMENT, APPLICANT C/C 12/17/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-036 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 December 17,2002 at the hour of7:00 p.m" at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Billy Ray Strite, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for December 17, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 17, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code S9 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 I-L zone and by reason ofthe provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the southwest comer ofN. Eagle Road an9- E. Fairview Avenue, Meridian, Idaho. 5. The owner of record of the subject property is Gemtone, Inc., P.O. Box 2727, Boise, Idaho 83701. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 6. Applicant is Clark Development, 479 Main Street, Boise, Idaho 83702. 7. The subject property is currently zoned I-L (Light Industrial). The zoning district ofI-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2. 8. The proposed application requests a conditional use permit for a multi-building office/restaurant complex in an I-L zone. Planned Developments to allow multiple buildings on a single lot are approved through the conditional use permit process per MCC 11-8-1. 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan, 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the hnpact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to. be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary as a condition of the Conditional Use Permit. 2. Applicant shall apply for a planned sign program in order to accommodate off- premise signage for Lots 30 and 16, which do not have direct lot frontage to any public right of way. 3. Bike racks shall be required to be installed for each building prior to occupancy. 4. All development and construction shall comply with the Americans with Disabilities Act. 5. All parking and circulation within the project shall be in compliance with MCC 11-13. 6. Applicant shall work with the Meridian Police Department, Idaho Transportation Department and the Ada County Highway District on a traffic control plan for the grand opening ofthe Krispy Kreme doughnut shop. The Applicant shall have the plan approved by the Meridian Police Department, which plan would pertain to the first 90 days only of operation and include reimbursement fees to the MPD, and additionally, the Applicant shall submit the traffic control plan to the Planning and Zoning Department for their review for compliance. 7. The buildings shall have a common building appearance, and the remaining building sites that are yet to be built upon shall require a Conditional Use Permit and have a common building appearance. B. Adopt the Recommendations of ACHD as follows: Site Soecific Conditions of Approval 1. Comply with requirements ofITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2-feet within the right-of-way. Coordinate the location and elevation of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Construct a 5-foot wide detached concrete sidewalk on Hickory Avenue located 2- feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of- Way Division at 387 -3271 for guidelines. 4. Construct 5-foot wide concrete sidewalk on Jewell Street, Olive Avenue and Florence Street abutting the parcel. 5. Construct a maximum 35-foot wide driveway (not including the center median) on Fairview Avenue located a minimum of500-feet west of the centerline of Eagle Road and a minimum of 440-feet west of Eagle Road (measured near edge of roadway to near edge of driveway). The applicant should provide a recorded cross access easement for the parcels to the south and west to use the one approved driveway to Fairview Avenue for access to the public streets. 6. Treasure Valley Business Center Phase #1, plat note # 5 states; Additional private access points (maximum of 4) will be allowed on Fairview Avenue at no less than 400-foot intervals from other access points. Other than the driveway approved in Condition #5 above, no additional driveways to Fairview Avenue are approved with this application. 7. Pave all proposed driveways on Jewel Street, Olive Avenue and Florence Street to their full-required width (maximum of 3 5- feet), a minimum of 50- feet (measured near edge to near edge) of any roadway and to a point 30-feet beyond the edge of pavement with l5-foot curb radii on Jewell Street, Olive Avenue and Florence Street as proposed. 8. No access to Hickory Avenue is approved with this application. 9. Other than the access point(s) specifically approved with this applica,tion, direct lot or parcel access to Fairview Avenue, Hickory Avenue and Eagle Road (ITD) is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb and gutter and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to calJ DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix III-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 8. All building uses and processes to comply with the fire code in effect at the time of construction. 9. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 10. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 11. The driveway shall have a clear driving surface which is 20' wide available at all times. D. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. A land use change/site application is required to be filed. E. Adopt the Recommendation of Sanitary Service as follows: 1. Allow 20' inside ofthe gate posts for a 2 dumpster enclosure (prefer 22'). 2. Enclosure location and placement need further review for "future" building designs and development. F. Adopt the Recommendation ofthe Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 13. It is found that the subject property is large enough to accommodate the requested use and all other required features. 14. The adopted Comprehensive Plan Land Use Map designates the property as "Commercial" adjacent to Fairview Avenue, and as "Industrial" adjacent to Jewell Street and Olive Avenue. It is found that the office/commercial restaurant uses proposed by the applicant are in harmony with the Comprehensive Plan and the existing Development Agreement. It is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 further found that the project meets the requirements and objectives ofthe Zoning Ordinances. 15. It is found that the design concept to be compatible with the intended character of the area (industrial and commercial). The existing character of the property to be developed is commercial and industrial. The proposed development will not change the existing character of the area and will not adversely change the essential character of the area. 16. It is not anticipated that the proposed development will have an adverse impact on the majority of the surrounding property. 17. It is found that the proposed development will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. It is found that the proposed use will not create additional requirements at public cost for public services and facilities. 20. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. Increased traffic concerns have been addressed by ACHD in their report. As noted earlier in the report, the grand opening of the Krispy Kreme doughnut shop is expected to generate an excessive amount oftraffic. It is recommended that the applicant take special measures to mitigate the impact of the grand opening traffic. 21. It is found that the vehicular approaches to the property are designed so as not to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 significantly interfere with existing street traffic. 22. It is found that a natural or scenic feature may be lost, damaged or destroyed by issuance of this conditional use permit. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (Ie. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XU, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to grantipg the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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 ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Light Industrial District (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which 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 ofthis 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area ~d the Comprehensive Plan ofthe City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a multi- building office/restaurant complex in an L-O zone located on the southwest corner ofN. Eagle Road and E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements ofthe preliminary as a condition of the Conditional Use Permit. 2. App licant shall apply for a planned sign program in 0 rder to accommodate 0 ff- premise signage for Lots 30 and 16, which do not have direct lot frontage to any public right of way. 3. Bike racks shall be required to be installed for each building prior to occupancy. 4. All development and construction shall comply with the Americans with Disabilities Act. 5. All parking and circulation within the project shall be in compliance with MCC 11-13. 6. Applicant shall work with the Meridian Police Department, Idaho Transportation Department and the Ada County Highway District on a traffic control plan for the grand opening ofthe Krispy Kreme doughnut shop. The Applicant shall have the plan approved by the Meridian Police Department, which plan would pertain to the first 90 days only of operation and include reimbursement fees to the MPD, and additionally, the Applicant shall submit the traffic control plan to the Planning and Zoning Department for their review for compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 7. The buildings shall have a common building appearance, and the remaining building sites that are yet to be built upon shall require a Conditional Use Permit and have a common building appearance. B. Adopt the Recommendations of ACHD as follows: Site Svecific Conditions of Apvroval 1. Comply with requirements ofITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2- feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Construct a 5-foot wide detached concrete sidewalk on Hickory Avenue located 2- feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Ifthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines. 4. Construct 5-foot wide concrete sidewalk on Jewell Street, Olive Avenue and Florence Street abutting the parcel. 5. Construct a maximum 35-foot wide driveway (not including the center median) on Fairview Avenue located a minimum of 500-feet west ofthe centerline of Eagle Road and a minimum of 440-feet west of Eagle Road (measured near edge of roadway to near edge of driveway). The applicant should provide a recorded cross access easement for the parcels to the south and west to use the one approved driveway to Fairview Avenue for access to the public streets. . 6. Treasure Valley Business Center Phase #1, plat note # 5 states; Additional private access points (maximum of 4) will be allowed on Fairview Avenue at no less than 400-foot intervals from other access points. Other than the driveway approved in Condition #5 above, no additional driveways to Fairview Avenue are approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 7. Pave all proposed driveways on Jewel Street, Olive Avenue and Florence Street to their full-required width (maximum of 35-feet), a minimum of 50-feet (measured near edge to near edge) of any roadway and to a point 3D-feet beyond the edge of pavement with 15-foot curb radii on Jewell Street, Olive Avenue and Florence Street as proposed. 8. No access to Hickory Avenue is approved with this application. 9. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Fairview Avenue, Hickory Avenue and Eagle Road (ITD) is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Approval L Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb and gutter and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian fire Department. 3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 8. All building uses and processes to comply with the fire code in effect at the time of construction. 9. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 10. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. 11. The driveway shall have a clear driving surface which is 20' wide available at all times. D. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. A land use change/site application is required to be filed. E. Adopt the Recommendation of Sanitary Service as follows: 1. Allow 20' inside ofthe gate posts for a 2 dumpster enclosure (prefer 22'). 2. Enclosure location and placement need further review for "future" building designs and development. F. Adopt the Recommendation ofthe Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 stormwater management system that prevents groundwater and surface water degradation. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the J~:1-- ,2003. (/ ROLL CALL: 11-~ day of COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -18 COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ VOTED fie^- COUNCILMAN WILLIAM L.M. NARY - MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: !--/4--tJ3 < MOTION: ~ APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BJI~~/~ City Clerk Dated: I- / /f -tJ 3 - Z:\Work\M\Meridian\Meridian 1 5360M\Treasure Valley Business Park No. I CUP02-036\FfClsCUP02-036.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 \; , . .j ,c_~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TREASURE VALLEY NO.3 SUBDIVISION, LOCATED ON THE SOUTHWEST CORNER OF N. EAGLE ROAD AND E. FAIRVIEW AVENUE, MERIDIAN, IDAHO BY: CLARK DEVELOPMENT, APPLICANT C/C 12/17/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on December 17, 2002, and Brad Hawkins-Clark, Interim Planning Director, for the Planning and Zoning Department, Steve Arnold, Gene Avery, and Michael Brokaw, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the uPRELIMINARY PLAT TREASURE VALLEY BUSINESS CENTER - PHASE 3, A RESUBDIVISION OF A PORTION OF LOT 1, AND LOTS 2, 6, 7,8,9, 10, & 11, BLOCK 1 - TREASURE VALLEY BUSINESS CENTER-PHASE 1, NE ~ OF SECTION 8, T.3N., R.IE., RM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 09/13/02, DWG NO. 20804, SHEET: 1 OF 1 PREL, \20804- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDNISION - (PP-02-024) 1 PRE.DWG BKB, BRIGGS ENGINEERING, INC. - ENGINEERS PLANNERS SURVEYORS, THOMAS T. WRIGHT CO., GEMSTONE, INC. - OWNER/DEVELOPER, STEVE ARNOLD - PLANNER", Clark Development for Thomas T. Wright Co. - Gemstone, Inc. submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned (I-L) Light Industrial, and requires connection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 NJ 2. It is found that the Generalized Land Use Map (93' Comprehensive Plan) depicts the subject property as "Commercial" adjacent to Fairview and "Industrial" adjacent to Jewel Street and Eagle Road. It is also found that the subdivision and the office/commercial/restaurant uses are in conformance with the Comprehensive Plan and the previously approved Development Agreement. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. New sanitary sewer and water mains will need FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDIVISION - (PP-02-024) 2 to be extended into the subdivision, from adjacent mains, to provide service to the individual lots. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development, and therefore will not conflict with the Capital Improvement Plan. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention, other than the increased traffic with the opening of the new businesses at this already busy intersection. Of special concern would be the grand opening ofthe Krispy Kreme doughnut store, which has historically generated massive crowds and traffic. The location ofthe proposed right-inlright-out driveway on Eagle Road, approximately 180-feet south ofFairview Avenue may exacerbate this situation by backing traffic into the intersection (the Idaho Transportation Department originally denied this driveway, however, the applicant is currently in the appeal process). 6. It is found that the Recommendation To City Council ofthe Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT TREASURE VALLEY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDNISION - (pP-02-024) 3 BUSINESS CENTER - PHASE 3, A RESUBDIVISION OF A PORTION OF LOT 1, AND LOTS 2, 6, 7, 8,9, 10, & 11, BLOCK 1 - TREASURE VALLEY BUSINESS CENTER- PHASE 1, NE ~ OF SECTION 8, T.3N., R.IE., RM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 09/13/02, DWG NO. 20804, SHEET: 1 OF 1 PREL, \20804-PRE.DWG BKE, BRIGGS ENGINEERING, INC. - ENGINEERS PLANNERS SURVEYORS, THOMAS T. WRIGHT CO. - OWNERlDEVELOPER, STEVE ARNOLD - PLANNER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT TREASURE VALLEY BUSINESS CENTER - PHASE 3, A RESUBDIVISION OF A PORTION OF LOT 1, AND LOTS 2, 6, 7, 8, 9, 10, & 11, BLOCK 1 - TREASURE VALLEY BUSINESS CENTER-PHASE 1, NE ~ OF SECTION 8, T.3N., R.IE., RM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 09/13/02, DWG NO. 20804, SHEET: 1 OF 1 PREL, \20804-PRE.DWG BKE, BRIGGS ENGINEERING, INC. - ENGINEERS PLANNERS SURVEYORS, THOMAS T. WRIGHT CO. - OWNERlDEVELOPER, STEVE ARNOLD - PLANNER", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDNISION - (pP-02~024) 4 Site Specific Comments (Preliminary Plat) 1. In accordance with Ordinance 12-13-10-8, the applicant shall construct five foot (5') wide detached sidewalks adjacent to Fairview Avenue. The minimum width ofthe parkway area between the curb and sidewalk is five (5) feet. Tree plantings within the parkways will be restricted to either Class I or Class II trees, as approved by the P &Z Department. No sidewalk will be required adjacent to Eagle Road. Five foot wide sidewalks (attached or detached) shall be installed adjacent to all other public right-of-ways lying adjacent to the proposed subdivision. 2. The western most subdivision access point onto Fairview Avenue shall be eliminated as per the applicant's 10/29/02 memo to the Ada County Highway District. Ten (10) copies of the revised preliminary plat shall be submitted to the City Clerk's office a minimum often days prior to the next public hearing regarding this application. 3. Landscaping shall be installed per the approved landscaping plan (a 35 'buffer on Fairview Avenue and Eagle Road), and in accordance with the approved Certificate of Zoning Compliance for the Krispy Kreme's building. All landscaping adjacent to Fairview Avenue and Eagle Road shall be completed prior to receiving occupancy for any of the lots created by this subdivision, other than the Krispy Kreme building. Landscaping adjacent to lots facing Hickory, Jewell and Olive Avenue shall b e installed during construction of each individual lot, and shall be completed prior to occupancy. 4. The existing north/south sewer service lines located between Lots 22,23 and Lots 18, 19 shall be abandoned, and new service lines shall be provided by this applicant to the existing adjacent businesses. 5. Sani tary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. Any drainage areas ( detension/retension basins) must be designed to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Please submit the final groundwater/soils report (monitoring FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDIVISION - (pP-02-024) 5 results) to the Public Works Department for review. 7. The development ofthis property shall be in conformance with the recorded Development Agreement. General Comments (Preliminary Plat) 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. A letter of credit or cash surety in the amount of 110% will be required for all, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. One-hundred-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. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. If the pressurized irrigation system within this development is to remain a private owners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDNISION - (pP-02-024) 6 6. Slopes within drainage areas are not to exceed a slope ratio of 3: 1. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfil1. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Comply with requirements ofITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387- 3271 for guidelines. 3. Construct a 5-foot wide detached concrete sidewalk on Hickory Avenue located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. Please contact the Right-of-Way Division at 387- 3271 for guidelines. 4. Construct 5-foot wide concrete sidewalk on Jewell Street, Olive Avenue and Florence Street abutting the parcel. 5. Construct a maximum 35-foot wide driveway (not including the center median) on Fairview Avenue located a minimum of 500-feet west of the centerline of Eagle Road and a minimum of 440-feet west of Eagle Road (measured near edge of roadway to near edge of driveway). The applicant should provide a recorded cross access easement for the parcels to the south and west to use the one approved driveway to Fairview Avenue for access to the public streets. 6. Treasure Valley Business Center Phase #1, plat note # 5 states; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDNISION - (PP-02-024) 7 Additional private access points (maximum of 4) will be allowed on Fairview Avenue at no less than 400-foot intervals from other access points. Other than the driveway approved in Condition #5 above, no additional driveways to Fairview Avenue are approved with this application. 7. Pave all proposed driveways on Jewel Street, Olive Avenue and Florence Street to their full-required width (maximum of 35-feet), a minimum of 50-feet (measured near edge to near edge) of any roadway and to a point 30-feet beyond the edge of pavement with 15-foot curb radii on Jewell Street, Olive Avenue and Florence Street as proposed. 8. No access to Hickory Avenue is approved with this application. 9. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Fairview Avenue, Hickory Avenue and Eagle Road (ITD) is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb and gutter and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDIVISION - (pP-02-024) 8 Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verifY all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE V ALLEY NO.3 SUBDIVISION - (pP-02-024) 9 C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix III-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 8. All building uses and processes to comply with the fire code in effect at the time of construction. 9. No vertical obstructions or mature landscaping which obstructs the outlets ofthe fire hydrant within 10'. 10. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. 11. The driveway shall have a clear driving surface which is 20' wide available at all times. D. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use changelsite application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDIVISION - (pP-02-024) 10 E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design ofthe subject proj ect shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendation of Sanitary Service as follows: 1. Please allow 20' inside ofthe gate posts for a 2 dumpster enclosure (prefer 22 '). 2. Enclosure location and placement need further review for "future" building designs and development. G. Adopt the Comments of the Water Department as follows: 1. There are several 6" water lines stubbed into this development area; if they are not used, then they should be abandoned. H. Adopt the action ofthe City Council taken at their December 17, 2003 meeting as follows: 1. For clarification, the Development Agreement has the Cross'-Access Agreement within it. A note has been added to the Plat that the Applicant has a Cross-Access Agreement among all the internal lots. All cross- access easements shall be shown on the Plat; all lots must have access to a public street. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE V ALLEY NO.3 SUBDIVISION - (pP-02-024) 11 day of By action of the City Council at its regular meeting held on the cr~q ,2003. (7 14~~ ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED~ MAYORROBERTD. CORRIE ;::JAKE~ Copy served upon Applicant, The Planning and Zoning Department, Public Works . \\\III1tlll/f, Department and CIty Attorney. \\\\\\\ Of M-,),'tt,t' \,\\ A\-{ Ii:;, 11/)/ /'1". .'- '\ ~A "/ .:>' 0 oRPOR,.q -1..p. ~ .:: ~0 ~ ~ ~ ~ 0 ~ Dated: /-/4---tJ3H ~ VOTED - ByJ~~~;;5c1> r City Clerk Z:\Work\M\Meridian\Mcridian 1 5360M\Trcasurc Valley No.3 Sub PP-02-024\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER - TREASURE VALLEY NO.3 SUBDIVISION - (pP-02-024) 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TREASURE VALLEY PEDIATRICS IN AN L-O ZONE, LOCATED IN RESOLUTION BUSINESS PARK ON THE SOUTH-EAST CORNER OF E. OVERLAND ROAD AND S. CELEBRATION AVENUE, MERIDIAN, IDAHO TREASURE VALLEY PEDIATRICS, APPLICANT CIC 12/17/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-034 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 December 17,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Gary Smith Public Works Director, and Steve Turney, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for December 17,2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries 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 December 17,2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 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 L-O zone and by reason ofthe 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 in Resolution Business Park on the south-eas.t corner ofE. Overland Road and S. Celebration Avenue, Meridian, Idaho. 5. The owner of record of the subject property is Resolution Business Park, LLC, 1908 Jennie Lee Drive, Idaho Falls, Idaho 83405. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 6. Applicant is Treasure Valley Pediatrics, 305 E. Jefferson, Ste. 101, Boise, Idaho 83712. 7. The subject property is currently zoned L-O (Limited Office). The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2. 8. The proposed application requests a conditional use permit for a Pediatric Clinic in an L-O zone. Medical office uses are permitted uses in the L-O zoning designation within the City of Meridian, per MCC 11-8-1. The recorded Development Agreement for this property requires all uses to be approved as a conditional use. 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. Ada County Highway District acted on Resolution Business Park Subdivision (AZ-00-004, CUP-00-015, CUP-OO-016, CUP-00-017) on May 3,2000. The conditions and requirements apply to CUP-02-034. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments 1. Landscaping shall be installed as indicated on the submitted Landscape plan (Sheet L.I0, dated 9-13-02, prepared by Jensen Belts for Treasure Valley Pediatrics). All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. The undeveloped portion of this property shall be maintained in a manner that is free from nuisance causing conditions such as high weeds, stagnant water, construction debris etc... as required by the Meridian City Code for all undeveloped lots with the City of Meridian. 3. The undeveloped portion of the lot will either need to be subdivided and receive conditional use permit from the city prior to development, or be approved as a planned development for the construction of more than one principal building located on one lot, prior to development. 4. 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. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-l3-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off~site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. 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. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a 1 etter 0 f credit or cash in the amount 0 f 110% 0 fthe cost 0 fthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 11. As part of a conditional use permit, the City of Meridian may impose additional restrictions/ conditions. 12. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior b the start of construction. 13. The revised site plan submitted incorporates the central island in the sidewalk area and is approved as submitted. The parking on the south side of the lot, adj acent to E. Gala Street, shall be reduced from thirteen (13) to twelve (12) parking stalls in accordance with the Landscape Ordinance. B. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site the above-mentioned proposed project will not impact the Nampa & Meridian Irrigation District and no further review is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 c. Adopt the Recommendation of Sanitary Service as follows: 1. Allow 10' inside of the gate posts for clearance and access to the waste receptacle. 2. Enclosure approved for a 3 cubic yard container, no larger. The front access is limited. D. Adopt the Recommendation of Central District Health Department as follows: 1. 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. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. All building uses and processes to comply with the fire code in effect at the time of construction. 7. The driveway shall have a clear driving surface which is 20' wide available at all times. F. Adopt the action of the City Council taken at their December 17,2002 meeting as follows: 1. The lot that is not being developed at the present time shall be maintained so that it is free of weeds and that there will be no mosquito infestation, etc.' 2. If the lot that is not being developed at the present ever has separate ownership or provides for a Planned Development application, then the lot will need to be re- subdivided. 14. It is found that the site is large enough to accommodate the required parking, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 landscaping, and other features required of an office use by this ordinance. 15. That the current Comprehensive Plan Land Use Map designates the property as "Commercial". It is found that the proposed use and plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staffreport are met. 16. It is found that the proposed development will not adversely change the essential character of the general vicinity and will be harmonious with the intended character of the same area. 17. It is not believed that the proposed use will not adversely affect other property in the vicinity. 18. It is found that the proposed development will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 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 not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. 21. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 22. It is found that a natural or scenic feature may be lost, damaged or destroyed by issuance of this conditional use permit. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the uLocal Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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 ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Limited Office District (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 199~, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Pediatric Clinic in an L-O zone located at in Resolution Business Park on the south-east corner of E. Overland Road and S. Celebration Avenue, 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 Comments 1. Landscaping shall be installed as indicated on the submitted Landscape plan (Sheet L.l 0, dated 9-13 -02, prepared by Jensen Belts for Treasure Valley Pediatrics). All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. The undeveloped portion ofthis property shall be maintained in a manner that is free from nuisance causing conditions such as high weeds, stagnant water, construction debris etc... as required by the Meridian City Code for all undeveloped lots with the City of Meridian. 3. The undeveloped portion of the lot will either need to be subdivided and receive conditional use permit from the city prior to development, or be approved as a planned development for the construction of more than one principal building located on one lot, prior to development. 4. 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. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate pennits. Temporary or portable signs shall be prohibited, and shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 removed upon 3 days notice to the applicant. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off- site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 11. As part of a conditional use permit, the City of Meridian may impose additional restrictions/ condi tions. 12. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 13. The revised site plan submitted incorporates the central island in the sidewalk area and is approved as submitted. The parking on the south side of the lot, adjacent to E. Gala Street, shall be reduced from thirteen (13) to twelve (12) parking stalls in accordance with the Landscape Ordinance. B. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site the above-mentioned proposed project will not impact the Nampa & Meridian Irrigation District and no further review is required. C. Adopt the Recommendation of Sanitary Service as follows; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 1. Allow 10' inside of the gate posts for clearance and access to the waste receptacle. 2. Enclosure approved for a 3 cubic yard container, no larger. The front access is limited. D. Adopt the Recommendation of Central District Health Department as follows: 1. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. All building uses and processes to comply with the fire code in effect at the time of construction. 7. The driveway shall have a clear driving surface which is 20' wide available at all times. G. Adopt the action of the City Council taken at their December 17, 2002 meeting as follows: 1. The lot that is not being developed at the present time shall be maintained so that it is free of weeds and that there will be no mosquito infestation, etc. 2. If the lot that is not being developed at the present ever has separate ownership or provides for a Planned Development application, then the lot will need to be re- subdivided. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ a.nUtuL~ ' 2003. ROLL CALL: Ji{ f/rL day of COUNCILMAN KEITH BIRD VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS VOTED* VOTED 2jtR.- COUNCILMAN WILLIAM L.M. NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - DATED: &1-14-03 MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15