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HomeMy WebLinkAbout2003-07-23 BEFORE THE MERIDIAN CITY COUNCIL C/C 07-08-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 39.15 ACRES ) FOR PROPOSED TRAIL WAY ) PARK SUBDIVISION, LOCATED ) ON E. BLUE HERON ROAD, ) NORTH OF FAIRVIEW ROAD AND ) E. OF NORTH MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) HILLVIEWDEVELOPMENT ) CORPORATION, ) APPLICANT ) Case No. AZ-03-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 8,2003, at the hour of7:00 p,m" and Anna Powell Planning Director for the Planning and Zoning Department, and Becky McKay, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1, There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDNISION (AZ-03 -0 1 0) PAGElOFl9 and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No, 02-382, and maps and the ordinance Establishing the Impact Area Boundary, 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 39,15 acres in size and is located on E. Blue Heron Road, north of Fairview Road and E, of North Meridian Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan, 4. The parcel ofland is contiguous to the existing city limits of the City of Meridian. 5, The owner of record of the subject property is Raleigh and Dieuw Hawe and Hillview Development Corporation. The applicant is Hillview Development Corporation. 6, The property is presently zoned RUT (Ada County). 7, The Applicant requests the property be zoned as R-S (Medium Density Residential). S, The subject property is bordered to the north by a single-family residential subdivision - R-S, to the south by a Mobile Home Park - R-S, to the east by single-family residential subdivisions - R-4 and R-S, and to the west by a meat packing plant - Rl and a single-family residential subdivision - R-15, 9, The Applicant proposes to develop the subject property in the following manner: A Planned Development consisting of One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, one "Neighborhood" park and Twenty-three common lots, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING TRAlL WAY PARK SUBDIVISION (AZ-03-0 1 0) PAGE 2 OF 19 10. The Applican~ requests zoning ofthe subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use - Neighborhood, 11, There are no significant or scenic features of major importance that affect the consideration of this application, 12, The City Council recognizes the concerns of Wendel Bigham, Supervisor of Facilities and Construction for Joint School District No, 2, expressed in his letter dated April 24, 2003. 13, Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A, Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian, Wells may be used for non-domestic purposes such as landscape irrigation. 2, A Development Agreement shall be required. The following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths, B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42- feet of right-of-way on Blue Heron Lane and provide a public right' s-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24- feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue,) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDNISION (AZ-03-010) PAGE 3 OF 19 2, Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet of right-of-way, as proposed, 3, Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet ofright-of- way, as proposed, Front on housing and parking is prohibited on this roadway, 4, Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed, Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed, 5. Extend East James Court from the west property line approximately 430-feet north of the south property line, as proposed, 6, Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed, 7, Extend Blue Heron Street from the east property line approximately lOa-feet south of the north property line, as proposed, 8. Extend Capecod Way from the north property line approximately 370- feet west ofthe east property line, as proposed, 9, Extend North Eureka Avenue from the North property line approximately laO-feet east of the west property line, as proposed, 10, Extend Blue Heron Lane from the west and north property lines, as proposed, 11, Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12, Construct two knuckles within the subdivision, as proposed, The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association, Notes ofthi8 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-010) PAGE4 OF 19 shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited, 15, Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1, Any existing inigation facilities shall be relocated outside of the right-of-way, 2, All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details, 4, Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the State of Idaho shall prepare and certify all improvement plans, 6, The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8, Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way, The applicant at no cost to ACHD shall repair existing utilities damaged by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDNISION (AZ-03-010) PAGE 5 OF 19 the applicant.. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground with ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387~6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction, 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C, Adopt the Recommendations of the Meridian Fire Department as follows: 1, One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be placed an average of400' apart. 1997 UFC Appendix III-A 2, Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3, Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Deparbnent, 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 aU yet undeveloped parcels are maintained free of combustible vegetation per section 1103,2.4 of the Uniform Fire Code, 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4,2 & 901,3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDIVISION (AZ-03-0 1 0) PAGE 6 OF 19 D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District requires a land-use change application, All storm drainage must be retained on site, All lateral and waste ways must be protected, The Developer must comply with Idaho Code #31-3905, 2, Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. E, Adopt the action of the City Council taken at their July 8,2003 meeting as follows: 1, The applicant shall not be required to provide the 35' landscape buffer on the west end of the property, The existing ponds adjacent to the property serve as significant buffers from the meat processing facility, 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity, The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity, Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only, In the event that Nampa & Meridian lnigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3, The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, ifthe Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision, The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station, 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDNISION (AZ-03-010) PAGE 7 OF 19 5, The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6, Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003, and is hereby approved, 14, It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Neighborhood", The Comprehensive Plan also indicates that the subject property should have a "Multi Use" pathway running north-south through the subdivision along the Jackson Drain, Page 54 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street", The applicant has indicated that they will construct a 10' asphalt multi-use pathway along the Jackson Drain. The Parks Department has indicated that they will maintain the pathway if the applicant provides 5' of gravel on each side of the pathway, If the applicant does not provide this configuration for the pathway the Parks Department has recommended that the pathway be maintained by the Homeowner's Association until the pathways to the north and south of the subdivision are completed and can be connected, 15. It is not anticipated that the applicant intends to rezone the subject property in the future, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDNISION (AZ-03-010) PAGE 8 OF 19 16. It is found that the proposed single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 17, It is found that the land to the north and east of the subject property has been developed as residential subdivisions similar to the proposed subdivision, It is found that the requested zoning designation of R-S is hannonious with the recently approved adjacent developments and should be rezoned as requested, IS, It is found that the proposed use (single family residential) will not change the existing (single family) or intended character (single family and mixed use) of the area. 19, It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors, 20, It is found that the property to be annexed will or can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties, The Fire Department has made the following recommendations: Prohibit parking in the turnaround on Block 8 or place building envelopes on the plat prohibiting the placement of structures in the rear oflots #23, 24, 25, 27, and 28, This is recommended due to the proposed configuration of the turnaround which would make it impossible for fire trucks to reach the homes on lots #23,24, 25, and 27 if cars were parked in the turnaround, By requiring building envelopes to restrict structures on the rear oflots #23, 24, 25, and 27 the fire department would be able to ensure that their firefighting equipment could reach the homes on these lots in the event of a fire, Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services and facilities, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDNISION (AZ-03-010) PAGE 9 OF 19 21, It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 22, It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area, The fact is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision; however, it is felt that the amount generated will be detrimental to the public welfare of the city, 23, It is found that the subdivision's vehi cular approaches off Blue Heron Lane, E. James Court, E, Willow Brook Drive, and E, Blue Heron Street will not cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 24. The applicant is proposing to pipe a portion of the Jackson Drain which runs through Trailway Park Subdivision's proposed park. Meridian's Comprehensive Plan designates the Jackson Drain as a creek that needs to be improved and protected, Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 25. It is found that services are available to the site and that the inclusion of a pathway that will become a part of Meridian's pathway system makes the annexation of this property in the best interest of the City, 26, It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No, 12, and all sub-parts, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDNISION (AZ-03-010) PAGE 10 OF 19 economic welfare of the Cit)' and its residents and tax and rate payers will be protected, a condition of alUlexation and zoning designation. 27, It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, CONCLUSIONS OF LAW 1, The City of Meridian has authority to alUlex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222, The Meridian City Code ~ 11-16 provides the City may alUlex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan, 2, The Council may take judicial notice of goverrunent ordinances, and policies, and of actual conditions existing within the City and State, 3, The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption ofthe Amended Comprehensive Plan City of Meridian adopted August 6,2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDNISION (AZ~03-010) PAGE 11 OF 19 Resolution No. 02-382. 4. The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance at 9 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose ofthe R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre, This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required, 6, Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland, See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City, DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDNISION (AZ-03-010) PAGE 12 OF 19 1. The applicant's request for aooexation and zoning of approximately 39,15 acres to Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of39,15 acres, The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to aU the provisions of the City of Meridian Resolution No, 158, The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686, 3, Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to dew annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering Staff as follows: 1, Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian, Wells may be used for non-domestic purposes such as landscape irrigation, 2, A Development Agreement shall be required, The following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths, B. Adopt the Recommendations of the Ada County Highway District as follows: 1, Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of- way road trust deposit for one-half of a 29- foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue,) 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDNISION (AZ-03-010) PAGE 13 OF 19 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet afright-of- way, as proposed. Front on housing and parking is prohibited on this roadway, 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet ofright-of-way, as proposed, Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougarprive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 43 0- feet north of the south property line, as proposed, 6, Extend East Willow Brook Drive from the east property line approximately 1 DO-feet north of the south propeliy line, as proposed, 7, Extend Blue Heron Street from the east property line approximately 1 DO-feet south of the north property line, as proposed, 8, Extend Capecod Way from the north property line approximately 370- feet west ofthe east property line, as proposed, 9, Extend North Eureka Avenue from the North property line approximately IOO-feet east of the west property line, as proposed, 10, Extend Blue Heron Lane from the west and north property lines, as proposed, 11, Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed, Provide a minimum turning radius of 45-feet. 12, Construct two knuckles within the subdivision, as proposed, The design shall be reviewed and approved by ACHD's Development staff, 13, Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association, Notes ofthis shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-0 1 0) PAGE 14 OF 19 15. 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 the District's Utility Coordinator at 387-6258 (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 certity 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 confonnance 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 #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verity 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 DIG LINE (1-800-342-1585) at least two full business days prior to breaking ground with 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-0 1 0) PAGE 15 OF 19 writing and sign~d by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District ofits intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C, Adopt the Recommendations of the Meridian Fire Department as follows: 1, That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UPC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction beings, UPC 901.4,2 & 901.3 3, The location of the fire hydrants shall be approved by the Meridian Fire Department and shall be submitted thru the Public Works Department, 4, All radii shall be 28' inside and 48' outside radius, 5, Provide an approved turnaround for all streets greater than 150' in length that have no outlet. This may be an issue during the phasing of the project. C, Adopt the Reconunendations of the Nampa & Meridian Irrigation District as follows: 1, Nampa & Meridian Irrigation District requires a land-use change application, All storm drainage must be retained on site, All lateral and waste ways must be protected, The Developer must comply with Idaho Code #31-3905, 2, Nampa & Meridian's Jackson Drain courses through the center of the proposed proj ect. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable, D, Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-0 1 0) PAGE 16 OF 19 end of the IJr~perty, The existing ponds adjacent to the property serve as significant buffers from the meat processing facility, 2, The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity, The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this ameni ty, Also, this pathway shall b~ included within the plat notes that the pathway is for multi-use and not for private access only, In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3, The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station, 4, Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5, The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6, Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height offaut feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7, The revised plat for this project is dated June 27,2003, and is hereby approved, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-010) PAGE 17 OF 19 4, The City Atto~ey shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject of the application to (R-8) Medium Density Residential District and Meridian City Code S 11-7-2, 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance, NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis, Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, Please take notice that this is a final action ofthe governing body of the City of Meridian, Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date ofthis decision and order seek 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 2.'2 nel day of ~{Lf , 2003. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDNISION (AZ-03-010) PAGE 18 OF 19 COUNCILMAN KEITH BIRD VOTED~~-t COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M, NARY VOTED-$ MAYOR ROBERT D, CORRIE (TIE BREAKER) DATED: f"j - Z. 2 -03 VOTED ~ MOTION: APPROVED: X DISAPPROVED: /" Attest: BY~Ptk~~ City Clerk & g " ~ ,,~ 0 ~ ~ (:) 'S.,. lsl ' ~ $ ...... AJ ~ " "'''//,,/ C'OUNT'{ . ~ """ Copy served upon Applicant, the Planning antrlZ;on.jngJ)e~artment, Public Works Department and . \11111111111/f" the City Attorney, ,\\\\\\ OF ME'p "'1// ,\ ..( ~ ' 1'1/)/ "/" " ~'\ ''''1. " j'''''' C; ofl,poR..t l: ~ ~~ ~ ~G ~o ~ 2 ~ ~ - - Dated: ?..-- 2-1--0 3 ~ ~ - " Qv "Q) 0 $ ~ "'Po ~r lS1 ' ~,f ............/ "-1 a 'f:) ~ ",.... Z:\Work\M\Meridian\Meridian 15360MlTrailway Park Sub AZ-03-0 10 PP-03-0 11 CUP-03-021 \AZFfC(&qFdQMNT'{ , \' \ \' \ ///1111111111\1\1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-01O) PAGE 19 OF 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/08/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FORTRAILWAY PARK ) SUBDIVISION FOR A PLANNED ) DEVELOPMENT CONSISTING OF ) ONE-HUNDRED AND FORTY -FIVE ) SINGLE-FAMILY DETACHED ) LOTS AND SIXTEEN SINGLE- ) FAMILY ATTACHED LOTS ONE ) "NEIGHBORHOOD" PARK AND ) TWENTY-THREE COMMON LOTS ) ON 39.15 ACRES LOCATED ON E. ) BLUE HERON LANE, NORTH OF ) FAIRVIEW ROAD AND E. OF ) NORTH MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) BY: HILLVIEW DEVELOPMENT ) CORPORATION, ) APPLICANT ) ) Case No. PP-03-011 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 May 20,2003 and continued until June 3, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Becky McKay, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAILWAYPARK SUBDIVISION / (pP-03-011) PAGE 1 OF 15 and Zoning Commission and the applicant having submitted the "TRAIL WAY PARK SUBDIVISION SECTION 6, T,3N" R.1E" B.M" PRELIMINARY PLAT, DWG.DATE: 04/11/03 ris, PROJ, NO, 3010, SHEET 1 OF 1 PRE-I, /301O-PRE.DWG, STAMP DATE: JUN 272003, RECEIVED JUN 27 2003 CITY OF MERIDIAN CITY CLERK OFFICE, REVISIONS: 06/27/03 BKB, OWNERS OF RECORD: HILL VIEW DEVELOPMENT CORPORA nON and RALEIGH & DIEUW HA WE, DEVELOPER: HILL VIEW DEVELOPMENT CORPORATION, BECKY McKAY: PLANNER/CONTACT", Hillview Development Corporation, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 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 ofthe fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No, 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8, is before the Council, and requires connection to the Municipal Water and Sewer System, [Meridian City Code 9 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No, 02-382, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY PLAT TRAILWAY PARK SUBDIVISION / (pP-03-011) PAGE 2 OF 15 3, It is determined that Urban Services can be made available to accommodate the proposed development ifthe plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4, The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Plmming 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. 5, The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or envirorunental problems and there have been no specifics of any such concerns brought to the Council's attention. 6, It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth, 7, The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "TRAIL WAY PARK. SUBDIVISION SECTION 6, T,3N " R.IE" B.M" PRELIMINARY PLAT, DWG,DATE: 04/11/03 ris, PROJ, NO, 3010, SHEET 1 OF I PRE-I, /3010-PRE.DWG, STAMP DATE: JUN 27 2003, RECEIVED JUN 27 2003 CITY OF MERIDIAN CITY CLERK OFFICE, REVISIONS: 06/27/03 BKB, OWNERS OF RECORD: HILL VIEW DEVELOPMENT CORPORA nON and RALEIGH & DIEUW HA WE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAILWAY PARK SUBDNISION / (pP-03-0Il) PAGE 3 OF 15 DEVELOPER: HILL VIEW DEVELOPMENT CORPORATION, BECKY McKAY: PLANNERJCONT ACT". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1, The Preliminary Plat of the applicant as evidenced by "TRAIL WAY PARK SUBDIVISION SECTION 6, T.3N" R.1E., B.M., PRELIMINARY PLAT, DWG,DATE: 04/11103 ris, PROJ, NO, 3010, SHEET 1 OF 1 PRE-I, /301 O-PRE.DWG, STAMP DATE: JUN 272003, RECEIVED JUN 27 2003 CITY OF MERIDIAN CITY CLERK OFFICE, REVISIONS: 06/27/03 BKB, OWNERS OF RECORD: HILLVIEW DEVELOPMENT CORPORATION and RALEIGH & DIEUW HA WE, DEVELOPER: HILL VIEW DEVELOPMENT CORPORATION, BECKY McKAY: PLANNERJCONT ACT", Hillview Development Corporation, Developer is hereby conditionally approved; and 2, The conditions of approval are as follows to-wit: A, Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Delete items 5 and 6 from of staff's Site Specific Comments for the Preliminary Plat. Strike the last sentence from staff comment item 9 from staff's Site Specific Comments for the Preliminary Plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAIL WAY PARK SUBDNISION I (pP-03-0 11) PAGE 4 OF 15 Add the following comments: Require applicant to work with Mr. Feathergill and the Nampa-Meridian Irrigation Association to remove the headgate on Mr, Feathergill's property. (See letter G, hereinbelow from the Council action taken at their July 8,2003 meeting.) Require applicant to put a jungle g}1TI and a slide on tot lot, (See letter G, hereinbelow from the Council action taken at their July 8,2003 meeting,) B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows (changes recommended by the Planning and Zoning Commission are not reflected in staff recommendations listed below): SITE SPECIFIC COMMENTS I PRELIMINARY PLAT 1, Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property, Applicant will be responsible for constructing the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall retain and protect, or restore the gravel access road over the existing sanitary sewer main that traverses across the southern boundary of the development. The back lot lines of lots 25 and 27, block 6 need to be adjusted to provide a minimum of 10-feet clearance to the existing sanitary sewer main, 2. The preliminary plat map indicates that there are at least two ditches within the boundaries of the development, however no details or notations have been provided to indicate how they are going to be dealt with, Please provide information, 3, The applicant has indicated that the pressurized irrigation system within this development will be owned and maintained by the Nampa & Meridian Irrigation District. The system is going to be served by an existing NMID pumping facility in the Fothergill Point Subdivision. The applicant has indicated that they will be upgrading the capacity ofthe existing pumping facility to handle the Trailway Park Subdivision, Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water, Applicant shall be required to utilize any existing surface or well water for the primary source, If a surface or well source is not available, a single-point connection to the culinary water system shall be required, If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT TRAILWAY PARK SUBDIVISION I (pP-03-011) PAGE 5 OF 15 signature on the final plat by the Meridian City Engineer. 4, A detailed fencing plan shall be submitted upon application ofthe final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required, fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan, A note restricting the fencing adjacent to the park shall be added to the Final Plat. 5. ~\ detailed landscape plan shall be submitted '.'.'i1h the final plat application. The detailed landscape plan shall include a 35' landscape buffer between land uses adjacent to 'Nest side of Block 9, The property located directly 'Nest ofBlocic 9 of the proposed subdivision is used as a manufacturing plant (meat packing), Meridian's City Code requires that a 35' buffer be created bet',yeen a maflUfacturing facility and residential dc';clopment. (Strike-through per Council action taken at their July 8, 2003 meeting.) 6, Re'/ise path':/uy to inolude 5' of gray/el on each side of the pathway, The Meridian Parks Department's path','/ay standards recommend that pathways be constructed ',','ith 5' of gravel on each side of the path'.vay, The Parks Department is recommending that these standards be applied to the pathv/ay in the Trailv/ay Subdivision, A signifioant reason for the establishment of these pathway standards is pathway maintenance, Tho equipment used to spray the grmrel adjacent to the pathway is designed for a pathv;ay v:ith a 5' gra';el shoulder. (Strike-through per Council action taken at their July 8, 2003 meeting,) 7. Add or revise the following preliminary plat notes: -Add a note to the face of the plat that requires any re-subdivision of this plat to be in compliance with the most recently approved subdivision standards of the City of Meridian. -Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight-obscuring material is used for fence construction, 8, Ten (10) copies of the revised plat has been submitted to the City Clerk's Office for this plat. 9, Micro-paths in the following locations: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAILWAY PARK SUBDIVISION / (pP-03-011) PAGE 6 OF 15 Extend the proposed pathway to connect with the southeast corner of Lot 2, Block 6 and E. Willow Brook Dr. This connection will improve the access to the pathway for residents of the eastern part of the subdivision. ~'\nd provide a micropath through lots 11 and 19 of Block 5 to improve access to the proposed pathway for residents, (Strike-through per Council action taken at their July 8, 2003 meeting,) 10. Change ROWan James Court to 50' per the request of ACHD, 11, Add a Note stating that common lots owned and maintained by the homeowner's association, 12, Remove existing gravel road from the proposed park (Block 9, Lot 3) or integrate gravel road into the proposed pathway, 13. Submit all updated groundwater/soils monitoring data to the Public Works Department faT review, The original study report indicates that shallow groundwater may be a factor, particularly in the northwest comer of the development. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil t)1le & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation, This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater, GENERAL COMMENTS 1. Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform, 2, Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc" prior to signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAIL WAY PARK SUBDIVISION I (pP-03-0 11) PAGE 7 OF 15 4. All micro-paths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping", 5, A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, 6, Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-1O-S, 7, 1 OO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense, Typical locations are at street intersections and/or fire hydrants, Final design locations and quantity are detennined after power designs are completed by Idaho Power Company, The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations, S, All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13, Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature, 9, Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed, 10, Developer shall coordinate mailbox locations with the Meridian Post Office, 11, 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-S, Wells may be used for non-domestic purposes such as landscape irrigation. 12, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAILWAY PARK SUBDIVISION I (pP-03-011) PAGE 8 OF 15 13. 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, C, Adopt the Recommendations of ACHD as follows: A. Site Specific Conditions of Approval 1, Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of-way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5-foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue), 2, Construct East J ames Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet of right-of-way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right- of-way, as proposed, Front on housing and parking is prohibited on this roadway. 4, Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed, 5, Extend East James Court from the west property line approximately 430-feet north of the south property line, as proposed. 6, Extend East Willow Brook Drive from the east property line approximately 100- feet north of the south property line, as proposed. 7, Extend Blue Heron Street from the east property line approximately 1 DO-feet south of the north property line, as proposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRi\ILWAY PARK SUBDIVISION / (pP-03-011) PAGE 9 OF 15 8. Extend Cape cod Way from the north property line approximately 370-feet west of the east property line, as proposed. 9, Extend North Eureka Avenue from the North property line approximately 100- feet east of the west property line, as proposed, 10. Extend Blue Heron Lane from the west and north property lines, as proposed, 11, Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed, Provide a minimum turning radius of 45-feet. 12, Construct two knuckles within the subdivision, as proposed, The design shall be reviewed and approved by ACHD's Development staff, 13, Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association, Notes of this shall be required on the final plat. 14, Direct lot access to this segment of James Court (from the west property line to Cougar Drive) is prohibited. 15, Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer, 3, Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details, 4, Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (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 FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAILWAYPARK SUBDNISION! (pP-03-0Il) PAGE 10 OF 15 specifically waived herein, An engineer registered in the State ofIdaho shan 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 #197, also known as Ada County Highway District Road Impact Fee Ordinance, 9, It is the responsibility of the applicant to verify all existing utilities within the right-of-way, 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 confinuation of any change from the Ada County Highway District. 11, Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAlLWAY PARK SUBDIVISION / (pP-03-011) PAGE 11 OF 15 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be placed an average of 400' apart, 1997 UFC Appendix III-A 2, Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3, Final approval of the fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Department. 4, The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around, 5, All roads shall have a turning radius of28' inside and 48' outside, 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code, 7, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, UFC 901.4.2 & 901.3 E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: }, Nampa & Meridian Irrigation District requires a land-use change application, All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905, 2. Nampa & Meridian's Jackson Drain courses through the center ofthe proposed project. The easement ofthe Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable, F. Adopt the Recommendations of Settlers' Irrigation District as follows: I, That all irrigation/drainage facilities along with their easements be protected and continue to function, The lateral involved is the Watts Lateral #49, This lateral must continue delivery to the proposed subdivision. 2. A license agreement will need to be signed and recorded prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAIL WAY PARK SUBDNISION I (pP-03-0 11) PAGE 12 OF 15 construction of any S,I.D, facilities. 3. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers' Irrigation District. 4, All stonn drainage must be retained on site. 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers' Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. G. Adopt the action of the City Council taken at their July 8,2003 meeting as follows: 1, The applicant shall not be required to provide the 35' landscape buffer on the west end of the property, The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2, The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity, The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity, Also, this pathway shall be included within the plat notes that the pathway is for multi- use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations ofthe City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3, The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision, The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAIL WAY PARK SUBDIVISION / (pP-03-0 11) PAGE 13 OF 15 maintain said pump station, 4, Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Narnpa & Meridian Irrigation District to determine if the headgate has a present purpose, or ifit can be abandoned and removed. Applicant shall work with neighbors to resolve this issue, 5, The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6, Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7, The revised plat for this project is dated June 27, 2003, and is hereby approved. NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis, Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue, A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, By action of the City Council at its regular meeting held on the 2..2.. Y\ d day of (.>~ ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAILWAY PARK SUBDMSION / cPP-03-0ll) PAGE 14 OF 15 ROLL CALL COUNCILMAN BIRD VOTED Jtb~i COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED L~l\ MAYOR ROBERT D, CORRIE (TIE BREAKER) DATED: 1.22--03 VOTED MOTION: APPROVED: ~ DISAPPROVED: """~~~~ \,\\"..co{ 0 Eli//' II1I ", \.... v/. 1/... ./ (j oRPOIi.q h ""'1..- '\. ;;; ~ ~ ~ 2 ' - Attest: William G, Berg, Jr., Cit Ie _ ~ - -:;. ~ 0/..... "\ .:: -:;. <;::> ~Q.t I 0 ;: \\\\\11111111111 Copy served upon Applicant, The PI~}~~ . ~~~ment, Public ~~~ OF MER;,'IIIII, Department and City Attorney, IIIIJI?UNTY . -':,\\\", "", 6' ~4../'~ /111111111111\\\ ! '1' \. BY:~~~~ Dated: 7-24~3~ "'<< SEAL ~ ; ~ -y: oUs "Q) 0 f Z:\Work\M\Meridian\Meridian I 5360M\Trailway Park Sub AZ-03-0 10 PP-03-D 11 CUP-03-021\FfCIsOrdPP.do6;. :0'1 r 1$1 . b...:t: $' ,I... C ~r '\'\ """"/1 OUNT'< ~ ",... 1I111 ' ,,\\\ II/11ft IlIII\\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TRAILWAY PARK SUBDNISION / (pP-03-011) PAGE 15 OF 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR TRAILWAY PARK SUBDIVISION IN AN R-8 ZONE, LOCATED ON E. BLUE HERON ROAD, NORTH OF FAIRVIEW ROAD AND E. OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO HILL VIEW DEVELOPMENT CORPORATION, APPLICANT C/C 07/08/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pennit application having come before the City Council on July 8,2003 at the hour of7:00 p,m" at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, 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 PAGE 1 OF 21 (2) consecutive weeks prior to the said public hearing scheduled for July 8, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 8, 2003, 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 967-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report, 3, This proposed development request is in an RUT (Ada County) zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on E. Blue Heron Road, north ofFairview Road and E. of North Meridian Road, Meridian, Idaho, and the parcel is contiguous to existing city limits, 5, The owners of record of the subject property are: Raleigh and Dieuw Hawe and Hillview Development Corporation, 6. Applicant is Hillview Development Corporation. FINDINGS OF .FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 21 7, The subject p~operty is currently zoned RUT by Ada County, There is, however, an application for annexation and zoning to R-8 (Medium Density Residential), before the City Council. The zoning district ofR-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 One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, for a total of 161 building lots, one "Neighborhood" park and Twenty-three common lots on 39,15 acres in a proposed R-8 zone for Trailway Park Subdivision, The proposed Planned Development includes a request to allow reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced house sizes, and to exceed block length requirements. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1), 9, The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed Use - Neighborhood. 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, Supervisor of Facilities and Construction for Joint School District No.2, expressed in his letter dated April 24, 2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 21 Development Ordinances co.dified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary, 13, Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects ofthe proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the pla1U1ing jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Pla1U1ing and Zoning and Engineering staff as follows: 1, Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2, All development shall comply with the American with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted, 4, Add a "tot lot" to the proposed park (Block 9, Lot 13), (See E,2, hereinbelow per action of the City Council taken at their July 8,2003 meeting,) B. Adopt the Recommendations ofthe Ada County Highway District as follows: 1. Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of- way road trust deposit for one-half of a 29- foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue,) 2, Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 21 60-feet of right-of-way, as proposed, 3, Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet ofright-of- way, as proposed. Front on housing and parking is prohibited on this roadway, 4, Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed, Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed, 5, Extend EastJames Court from the west property line approximately 430-feet north of the south property line, as proposed, 6. Extend East Willow Brook Drive from the east property line approximately 100- feet north of the south property line, as proposed, 7, Extend Blue Heron Street from the east property line approximately 1 OO-feet south of the north property line, as proposed. 8, Extend Capecod Way from the north property line approximately 370-feet west ofllie east property line, as proposed. 9, Extend North Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed, 10, Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12, Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 21 15, Complywithall 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 the District's Utility Coordinator at 387- 6258 (with file numbers) for details. 5, All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the State of Idaho shall prepare and certify all improvement plans, 6, The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy, 8, Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, 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, 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 with ACHD right-of-way, The app licant shall contact ACHD Traffic Operations 387-6190 in the event any A eHD conduits (spare or filled) are compromised during any phase of construction, 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 21 an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11, Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be placed an average of 400' apart, 1997 UFC Appendix III-A 2, Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Department. 4, The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside, 6, Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103,2.4 of the Uniform Fire Code, 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, UFC 901.4,2 & 901,3 D, Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: }, Nampa & Meridian Irrigation District requires a land-use change application, All storm drainage must be retained on site, All lateral and waste ways must be protected, The Developer must comply with Idaho Code #31-3905, 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 21 E. Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west end of the property, The existing ponds adjacent to the property serve as significant buffers from the meat processing facility, 2, The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity, The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used fortrus amenity, Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, ifthe Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision, The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station, 4, Pertaining to the head gate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue, 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 21 7, The revised plat for this project is dated June 27,2003, and is hereby approved, 14, The proposed residential lot sizes range from the proposed minimum lot size of 4,000 square feet for an attached single-family home lot, up to 15,014 square feet for a single family detached housing lot. The gross density of the proposed subdivision is 4,11 dwelling units per acre and the net density of the subdivision is 5.3 dwelling units per acre, The project is a single phase development. The Planned Development application includes requests to allow reduced development standards including reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and to allow blocks within the subdivision to exceed length maximums (1000'+). 15, It is found that the subject property is large enough to accommodate the requested use and all other required features for this project. 16. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use - Neighborhood", It is found that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks, If the project is approved as a Planned Development, it will meet the minimum requirements ofthe MCC. 17, That the proposed residential subdivision use will be harmonious with the intended and existing character of the area, 18. It is not anticipated that the proposed project will have an adverse impact on other properties within the general vicinity. 19, It is found that the proposed development can be adequately served by the essential public facilities and services, FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 21 20, 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 that would be considered excessive. 21, It is found that there will be an increase in traffic and noise in the general vicinity ifthe subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare ofthe City and the subdivision's neighbors, 22, It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets, Review of the ACHD report for this project will provide additional information, 23, The applicant is proposing to pipe a portion of the Jackson Drain; Meridian's Comprehensive Plan identifies the Jackson Drain as a creek that should be protected. It is not found that any natural, scenic or historic feature will be lost, damaged or destroyed by issuance of this conditional use, 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, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 21 Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code, 3, As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances, 4, The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a, That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b, That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e, That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF21 general welfare by reason ofexcessive 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 of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission," 6, Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons, The Commission shall recommend that the application be approved, approved with conditions or denied, The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law, (Meridian City Code S 11-17-6) 7, When the City Council approves a conditional use permit it may impose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 21 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 Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps, DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1, That the above named applicant is granted a conditional use permit for a Planned Development consisting of One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, for a total of 161 building lots, one "Neighborhood" park and Twenty-three common lots on 39,15 acres in a proposed R-8 zone for Trailway Park Subdivision located on E. Blue Heron Road, north of Fairview Road and E, of North Meridian Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF21 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: 1, Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the American with Disabilities Act and the Fair Housing Act. 3, The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted, 4, Add a "tot lot" to the proposed park (Block 9, Lot 13), (See E.2, hereinbelow per action of the City Council taken at their July 8,2003 meeting.) B. Adopt the Recommendations ofthe Ada County Highway District as follows: 1. Dedicate 42- feet of right-of- way on Blue Heron Lane and provide a pub lie right' s-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount of fill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2, Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet of right-of-way, as proposed, 3, Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet ofright-of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4, Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed, Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed, 5. Extend East James Court from the west property line approximately 430- feet north of the south property line, as proposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 21 6, Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed, 7, Extend Blue Heron Street from the east property line approximately 100- feet south of the north property line, as proposed. 8, Extend Capecod Way from the north property line approximately 370-feet west ofthe east property line, as proposed, 9, Extend North Eureka Avenue from the North property line approximately IOO-feet east of the west property line, as proposed. 10, Extend Blue Heron Lane from the west and north property lines, as proposed, 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed, Provide a minimum turning radius of 45-feet. 12, Construct two knuckles within the subdivision, as proposed, The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association, Notes of this shall be required on the final plat. 14, Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. 15, Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1, Any existing irrigation facilities shan 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 the District's Utility Coordinator at 387- 6258 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 21 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans, 6, The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy, 8, Payment of applicable road impact fees are required prior to buiLding construction in accordance with Ordinance #197, 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, 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 with ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387 -6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction, 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11, Any change by the applicant in the planned use 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 plaMed use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought, C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fixe-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 21 placed an ayerage of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3, Final approval of the fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around, 5, All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103,2.4 of the Uniform Fire Code, 7, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901,3 D, Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigatio,n District requires a land-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected, The Developer must comply with Idaho Code #31-3905, 2, Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable, E, Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: 1, The applicant shall not be required to provide the 35' landscape buffer on the west end of the property, The existing ponds adjacent to the property serve as significant buffers from the meat processing facility, 2, The applicant shall be required to build an asphalt pathway, according to Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity, The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity, Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only, In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 21 the Jacksop Prain~ the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and~ defend and hold the City harmless from any liability asserted for violation of~ or arising out of~ the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, ifthe Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property~ the applicant shall work with the N amp a & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch~ and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project~ and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project~ any lots that run with the pathway andlor micro-paths shall either be an open vision fence or solid fencing with a maximum height offour feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003~ and is hereby approved. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Penuit m accordance with this Decision~ which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the apphcant~ the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 21 Works Deparhnent and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the penuit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases~ the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals~ the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 21 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing~ and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 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 22DE! day of i~~ ~ 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ,Ab~t COUNCILWOMAN TAMMY deWEERD VOTED If-O\.. COUNCILWOMAN CHERIE Mc CANDLESS VOTED+ COUNCILMAN WILLIAM L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: -,-'2:2..---03 VOTED - MOTION: ~ APPROVED: .. DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 21 ~ ,,\1111 II 1I111111\/fayor Robert D. Corrie ", f Mr:- ""til "" -t 0 c::.Fllf"o I.." ...,.... ::<.. '\ <.14 ""-:.- ./ c} o~POR..t l'; """ ~ ~ _....0 (:;0 ... :::: ~ ~ ~ - - - - - - ~ Attest: "'c, & ~ ~ - Go. ....0 0 ~ ~ '0 'Sr 1S1 . -(-.:;;-:::: -:. '4! l".... .... ...... 0,..... w~ ........ Copy served upon Applicant, Planning and ZBJ;I.}}!'gill)eJitirilTh.~~ Public Works ttll. 1\1' Department and the City Attorney. 1/1,1I11l1\ ByJldh-:~~P= City Clerk'" J" . Dated: \\\IIIIIOllillt ", f 'I, ",\' "{ 0 MElli/" 1"..... ".... ~ <.14: "", .$ C! otlPo::>. '1- ~ ~ _....0 't.<fh -;:.. :::: ~ ~~ ~ - ~ 7-24-ti:i SEAL ~ ; ~ r!;.J_ .... "l-, n,'-'- ~~ ~u ....-.. 0'::- -;..... '0...., is'r 13\ . -<' $ "/"/ '1 ~ ...........::- ......',,;OUNT"'l . ~\"\" 111111111111 \I \\", Z:\ Work\M\Meridian\Meridian I 5360M\Trailway Park Sub AZ-03-0 I 0 PP-03-0 11 CUP-03-021\FfClsCUP03-02 I.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR TRAIL WAY PARK SUBDIVISION IN AN R-8 ZONE, LOCATED ON E. BLUE HERON ROAD, NORTH OF FAIRVIEW ROAD AND E. OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO HILL VIEW DEVELOPMENT CORPORATION, APPLICANT CIC 07/08/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-021 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on July 8,2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation 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 One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, for a total of 161 building lots~ one ''Neighborhood'' park and Twenty-three common lots on 39.15 acres in a proposed R -8 zone for Trailway Park Subdivision located on E. Blue Heron Road, north of Fairview Road and E. of North Meridian Road, ORDER CONDITIONAL USE PERMIT (CUP-03-021) PAGEI0F8 Meridian~ Idaho~ subject tQ the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all ofthe requirements ofthe preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the American with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted. 4. Add a "tot lot" to the proposed park (Block 9, Lot 13). (See E.2. hereinbelow per action of the City Council taken at their July 8,2003 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42-feet ofright-of-way on Blue Heron Lane and provide a public right's-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet of right-of-way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right- of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of -way, as proposed. Construct a 5-foot attached on the majority of the internal roadways~ with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 43 0- feet north of ORDER CONDITIONAL USE PERMIT (CUP-03-021 ) PAGE20F8 the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately I OO-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 3 70-feet west ofthe east property line~ as proposed. 9. Extend North Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islandslmedians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. 15. 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. ORDER CONDITIONAL USE PERMIT (CUP-03-021) PAGE 3 OF8 4. Utility stre~t .cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (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 confonnance 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 #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIOLINE (1-800-342-1585) at least two full business days prior to breaking ground with ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant~s authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. ORDER CONDITIONAL USE PERMIT (CUP-03-021) PAGE40F8 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1~000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28~ inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District requires a land-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed proj ect. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. E. Adopt the action of the City Council taken at their July 8,2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe ORDER CONDITIONAL USE PERMIT (CUP-03-021 ) PAGES OF 8 the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also~ this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, ifthe Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the head gate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway andlor micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27,2003, and is hereby approved. 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. ORDER CONDITIONAL USE PERMIT (CUP-03-021 ) PAGE 6 OF 8 4. Notice to Permit Holder~ this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8~ a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURA TION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. lfthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However~ the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting~ the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17- ORDER CONDITIONAL USE PERMIT (CUP-03-021) PAGE70F8 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003~ the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. By action of the City Council at its regular meeting held on the 2. 2- vld day of ~Uu7 () '~~'- G.~ ~ Robert D. Corrie, Mayor City of Meridian \\\\111IlJlIlll \\\\ III ,,\\\ ,I Of MERI",II/// ..::-' :\ ~ Vi /'/ .! () c.o~PO!bt 7; '-11,.- \. 2 ~ ~ S - - ~ - Attest f? ~ - 0. ,."c ~ - U '\'<' - ~ ~ 0'1' lsi . f> $ "// "AI .~ ,$'.... //////00UNT'l , ~ ,\,..., II" \\\\ 11I11111111\1\\ \ \ \ ,1111111111' Copy served upon Applicant, the Planning and Zoning Department, Public Works Depa~m~bF MfFil'IIII// and City Attorney. "....' C)" 0 ~~........~ ;- _.....cP~p ~)'L>, . V ~ f ~ ''0-:' Dated: 7-2-4--tl3 BY~~~'~ City Clerk Z:\Work\M\Meridian\Meridian 15360M\Trailway Park Sub AZ-03-0 10 PP-03-01 I CUP-03-021\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-021) PAGE 8 OF 8 CITY OF MERIDIAN ORDINANCE NO. 03- I tJ J V BY: ~;/I ;fa,:! AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTIONS 7, 8, AND 11 A. AND B. OF CHAPTER 14 OF TITLE 1 ETIDCS IN GOVERNMENT AND NEPOTISM OF THE MERIDIAN CITY CODE TO PROVIDE FOR THE IDAHO CODE LANGUAGE PROVISIONS AFTER EACH STATUTE AND TO PROVIDE FOR THE DELETION OF THE WORD "SPECIAL" INTEREST AND TO REPLACE IT WITH THE WORD "PERSONAL" INTEREST; PROVIDING VALIDITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1: That Section 7 of Chapter 14 of Title 1, be, and the same is hereby amended to provide for the provision language of the Idaho Code, and the same shall read as follows: 1-14-7 : STATUTORY STANDARDS: There are certain provisions in the criminal statutes of the State which should, while not set forth herein but are attached hereto and incorporated herein, be considered an integral part of this Chapter. Accordingly~ the provisions of the following sections of the Idaho Code, as may be amended, are hereby incorporated herein by this reference and made a part ofthis Chapter and shall apply to the Mayor, all Council members, board members, committee members, commission members, or employees of the City, whenever applicable, to wit: 18-1307. FORFEITURE OF OFFICE ON CONVICTION. 18-1351. BRIBERY AND CORRUPT PRACTICES -- DEFINITIONS. AIvlENDED ETIllCS IN GOVERNMENT AND NEPOTISM ORDINANCE CHAPTER 14 TITLE 1 PAGE 1 OF 5 18-1352. BRIBERY IN OFFICIAL AND POLITICAL MATTERS. 18-1353. THREATS AND OTHER IMPROPER INFLUENCE IN OFFICIAL AND POLITICAL MATTERS. 18-1354. COMPENSATION FOR PAST OFFICIAL BEHAVIOR. 18-1355. RETALIATION FOR PAST OFFICIAL ACTION. 18-1356. GIFTS TO PUBLIC SERVANTS BY PERSONS SUBJECT TO THEIR JURISDICTION. 18-1357. COMPENSATING PUBLIC SERVANT FOR ASSISTING PRIVATE INTERESTS IN RELATION TO MATTERS BEFORE HIM. 18-1358. SELLING POLITICAL INDORSEMENT -- SPECIAL INFLUENCE. 18-1359. USING PUBLIC POSITION FOR PERSONAL GAIN. 18-1360. PENALTIES. 18-1361. SELF-INTERESTED CONTRACTS -- EXCEPTION. 18-1361A NONCOMPENSATED APPOINTED PUBLIC SERVANT -- RELATIVES OF PUBLIC SERVANT -- EXCEPTION. 18-1362. CAUSE OF ACTION. 59-201 OFFICERS NOT TO BE INTERESTED IN CONTRACTS 59-201A REMOTE INTERESTS 59-202 OFFICERS NOT TO BE INTERESTED IN SALES 59-204 DEALING IN WARRANTS PROHIBITED SECTION 2: That Section 8 of Chapter 14 of Title 1, be, and the same is hereby amended to provide for the deletion of the word "special" interest and to replace them with the word "personal" interest, and the same shall read as follows: 1-14-8: CONTRACTS, PURCHASES AND EMPLOYMENT: The Mayor, City Council member, board member. committee member, commission member, City official or City employee, shall not participate directly by means of deliberation~ approval or disapproval, or recommendation, in the purchase of goods and services for the City, and the award of any contracts with the City. except as permitted under the City's ordinances AMENDED ETHICS IN GOVERNl\1ENT AND NEPOTISM ORDINANCE CHAPTER 14 TITLE 1 PAGE20F5 and under the laws of the State, where to his or her knowledge there is a financial interest, or speciul personal interest other than that possessed by the public generally. SECTION 3: That Section 11 A. and B. of Chapter 14 of Title 1~ be, and the same is hereby amended to provide for the deletion ofthe word "special" interest and to replace them with the word "personal" interest, and the same shall read as follows: 1-14-11: AGENDA ITEMS; CONFLICTS OF INTEREST: A. Deliberation And Vote Prohibited: No Mayor, Council member~ board member, committee member~ commission member, public official or City employee, shall, in such capacity~ participate in the deliberation or vote~ or otherwise take part in the decision making process, on any agenda item before his or her collective body in which he or she or a member of his or her immediate family or relative in the second degree of affinity or consanguinity, has a financial or speciul personal interest, other than an interest held by the public generally. B. Disclosure Of Conflict: Any Council member, board member, committee member or commission memper who believes that he or she or a member of his or her immediate family or relative in the second degree of affinity or consanguinity has a financial or special personal interest, other than an interest held by the public generally, in any agenda item before his or her collective body, shall disclose the nature and extent of such interest~ and the City Clerk or his or her designee shall make a record of such disclosure. Additionally, any Council member, board member, committee member or commission member who believes that any fellow Council member, board member, committee member or commission member, or a member of such fellow Council memberts, board member's, committee memberts or cOl1lll1ission member's immediate family or a relative in the second degree of affinity or consanguinity has a financial or special personal interest, other than an interest held by the public generally~ in any agenda item before his or her collective body, shall disclose the nature and extent of such interest, and the City Clerk or his or her designee shall make a record of such disclosure. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent ofthe Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any portion as may be declared invalid. SECTION 6: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. AMENDED ETHICS IN GOVERNMENT AND NEPOTISM ORDINANCE CHAPTER 14 TITLE 1 PAGE 3 OF 5 SECTION 7: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~dayof ~ ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, tins 22't.!:: day of <;:-T~(f ,2003. ~~ Attest: Second Reading: Third Reading: STATE OF IDAHO,) ss. County of Ada. ) On this 2..2V1t1 day of dl-LUK ,2003, before me, tile undersigned~ a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR.~ known to me to be the Mayor and City Clerk respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. AMENDED ETHICS IN GOVERNMENT AND NEPOTISM ORDINANCE CHAPTER 14 TITLE 1 PAGE 4 OF 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ............40 ....oN SA!. ..~~~----~'::l.~.. ~",; .....A)o,'~").:. <II> ,; 0 l--~ ~.,-r..:t.,. . /~ ~~~. ilCo:1' "'" \ .. #I I , 51 II r ~ m II I I III .. \ I iI "II' \ I .. ". \ " .. .. _n'... br......, \G"iS:." 0..,. . v."h':~ Ujj}.....~... .. .. .(;.,r~----...., .0- "..'~.,[ c OF J,.~ .." .0.......... ghaA~1V:m NOTARY PUBLIC FOR IDAHO RESIDING AT: /I Au C&t?nujJ JcUuto MY COMMISSION EXPIRES: i{-2!1-o6 Z:\Work\MIMeridian\Meridian 15360M\Ordinances City Hall\2003 Ord\Ethics Code provisions Ord Title 1 Chapter 14.doc AMENDED EnnCS IN GOVERNMENT AND NEPOTISM ORDINANCE CHAPTER 14 TITLE 1 PAGE 5 OF 5 CITY OF MERIDIAN ORDINANCE NO. 03- I tJ J I BY: (j;tMie Iti.CC:zhd&J"J AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW CHAPTER 2 OF TITLE 13 PARKS TO BE KNOWN AS PARK REGULATIONS; PROVIDING FOR THE FOLLOWING SECTIONS DEFINITIONS; MOTOR VEHICLES IN PARKS; ALCOHOLIC BEVERAGES; RESERVATION OF FACILITIES; HOURS OF PARK OPERATION; CLOSURE BY ORDER OF THE DIRECTOR; CAMPING; ANIMALS IN CITY PARKS; DAMAGE TO PARK PROPERTY; EXCLUSION; AND TRESPASS IN CITY PARKS; PROVIDING FOR THE REPEALING OF SECTIONS 3-2-6(A), 8-7-1, AND 8-7-1(E); PROVIDING FOR SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: A new Chapter 2 of Title 13 to be known as Park Regulations is hereby enacted and shall read as follows: 13-2-1: Short Title: This Chapter may be cited as Park Regulations. 13-2-2 Definitions: Adequate Leash: Means a leash of not more than six (6) feet in length. At Large: Means a dog or other animal off the premises of the owner and not under control by adequate leash. Camp: Means to remain overnight, to attempt to remain overnight, to erect a tent or other shelter, or to use sleeping equipment~ a vehicle, or a trailer camper~ for the purpose of, or in such a way as will permit, remaining overnight. Parle Means all parks~ squares, drives, trails, playgrounds, playfields~ greenbelts~ parking lots and other park, recreation and open space Park Regulations Ordinance Enacting a New Chapter 2 Title 13 PAGE 1 OF 7 Park Rule: areas and buildings and facilities comprising the parks and recreation system of the City of Meridian under the management and control ofthe Parks and Recreation Director. Means those particular rules or codes of conduct the Parks and Recreation Director has adopted and the City Council has designated by resolution as those for which a violation may lead to exclusion from a City park. Violation: Means an act or omission or combination thereof that is contrary to any park rule or any civil or criminal provision of the Meridian City Code or the Idaho State Code. 13-2-3 Motor Vehicles in Parks: Except for emergency vehicles, and City owned vehicles, no car, motorcycle or other motorized vehicle of any kind shall be driven within the boundaries of any City park~ except upon designated roadways within said park, without written approval of the Parks and Recreation Director. 13-2-4 Alcoholic Beverages (replaces 3-2-6(A)): A. Consumption or Possession Prohibited: Except as provided below~ it shall be unlawful and illegal for any person to consume or have in their possession any type of alcoholic beverage in any shape or form~ in or on a City park. B. Park Alcoholic Beverage Permit; Fee: If otherwise lawful, a person may consume or have in possession an alcoholic beverage within a park if the person has obtained, or is attending an event for which the organizer has obtained~ a park alcoholic beverage permit from the City Clerk and the alcoholic beverage is possessed or consumed in the area, and during the time and date~ designated in the permit. The City Clerk may issue park alcoholic beverage pemlits upon application therefor upon proof of age, and payment of the required fee as set forth by resolution of the City Council; provided, however, no permit shall be issued allowing consumption or possession of alcoholic beverages in the park for a period oflonger than six (6) hours in anyone twenty four (24) hour period nor during any period oftime when a park is closed. The person obtaining the permit shall have the permit available at the park for inspection~ upon demand, by any police officer or other City official, and the failure to have the permit for inspection shall subject the person who actually obtained the permit, and all other persons in his corporation, partnership, association or organization to the criminal penalties cited in subsection A oftms section. The person obtaining the permit shall be responsible for ensuring that those persons who possess and consume alcohol pursuant to the permit obtained are lawfully able to possess and consume alcohol. 13-2-5 Reservation of Facilities (replaces 8-7-1): Park Regulations Ordinance Enacting a New Chapter 2 Title 13 PAGE 2 OF 7 A. Reservation Fees: The Mayor and City Council shall, by resolution, after notice and hearing, adopt fees for the use of park facilities in order to recover some ofthe City's costs for processing applications and a portion of the maintenance costs of the picnic shelters, picnic tables, softball fields, and other park facilities. B. Application Required; Record Kept: Persons, associations, corporations~ and other entities~ desiring to use facilities in City parks shall apply at the Parks and Recreation Department for the use of a facility, reserve a time of use of the facility, if that time is available, and pay the appropriate fee. The Parks and Recreation Department shall keep a record of the scheduled times and fees paid for reservations. C. Reservation Required; Removal From Facility: If persons, associations~ corporations, and other entities using a facility have not reserved the time and paid the appropriate fee, and are using the facility at a time that has been reserved for another person, association, corporation, or other entity, they shall be asked to vacate the facility. If they refuse to vacate the facility~ they may be excluded from the park pursuant to Meridian City Code 13-2-10. D. Reservation List Maintained: A list of reservations for a particular facility shall be maintained to inform the public who has reserved the facility and the time, or times~ for which the facility has been reserved. 13-2-6 Hours of Park Operation (replaces 8-7-1(E)): City parks shall be open to the public every day of the year from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. Persons and vehicles shall be excluded from the parks during the hours of closure. 13-2-7 Closure By Order of the Director: The Parks and Recreation Director has the authority to temporarily close any park~ or any portion thereof, at such times as he deems necessary to protect the park, or in the best interest of the City. 13-2-8 Camping: Camping is prohibited in City parks unless otherwise designated, or permitted in writing, by the Parks and Recreation Director or designee. 13-2-9 Animals in City Parks: A. Dogs running at large are prohibited in City Parks unless written permission is obtained in advance from the Director to have a dog or dogs at large. This prohibition does not apply to any designated "off-leash" area during designated times. Park Regulations Ordinance Enacting a New Chapter 2 Title 13 PAGE30F7 B. No person owning, harboring, controlling or keeping any dog shall permit the dog to deposit fecal material on any property unless the material is immediately removed. C. Horses or other livestock are not permitted in City parks unless written permission is obtained in advance from the Director. D. A violation of this section shall be an infraction, the penalty for which shall be twenty-five dollars ($25.00) excluding court costs and fees. An infraction is a civil public offense~ not constituting a crime, which is punishable only by a penalty not exceeding one hundred dollars ($100.00) and for which no period of incarceration may be imposed~ There is no rights to trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury. 13-2-10 Damage to Park Property: No person in any park shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, fixture~ bridge~ table~ bench~ fireplace, railing, paving or paving material, water lines, play equipment, skate park feature, or any other park property. A violation of this section shall be a misdemeanor, punishable by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the Ada County Jail not to exceed one hundred eighty days (180) days, or by both such fine and imprisomnent. 13-2-11 Exclusion: A. The Director or his designee may, by delivering an exclusion notice in person to the offender~ exclude from a City park anyone who within a City park: a. Violates any provision of this Chapter; or b. Violates any park rule as defined in Meridian City Code 13-2-1 (E); or c. Violates any provision of the Meridian City Code or the Idaho State Code. B. The offender need not be charged, tried, or convicted or any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the Director or his designee or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. C. The Director or his designee may exclude the offender from the City park in which the current violation occurred for a period not exceeding seven (7) days from the date of the exclusion notice. D. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. Park Regulations Ordinance Enacting a New Chapter 2 Title 13 PAGE 4 OF 7 E. An offender receiving an exclusion notice may~ within two (2) days excluding weekends and holidays from service or receipt of the exclusion notice~ appeal to the City Council for the purpose of having the City Council review the exclusion. The notice of appeal shall be filed with the City Clerk. The appeal must be in writing and must set forth the reason why such exclusion should not be enforced. The exclusion shall be stayed upon filing of a notice of appeal. F. The City Council shall hear the appeal at the second regular Council meeting following the date the appeal is filed with the City Clerk. The City Council may uphold the exclusion, overturn the exclusion~ or shorten the length of the exclusion. The decision of a majority of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act. G. No determination of facts made by the City Council shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of the same facts in a subsequent criminal prosecution. H. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules and in such a way that inadvertent minor violations can be corrected without resort to an exclusion notice. 13-2-12 Trespass in City Parks: A. Any person who knowingly enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to Meridian City Code 13-2-2; or any person who enters, remains in, or is otherwise present within the premises of a park during the hours when the park is closed to the public; shall be guilty of trespass in parks. B. A violation of this section is a misdemeanor, punishable by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the Ada County Jail not to exceed one hundred eighty (180) days~ or by both such fine and imprisonment. SECTION 3: That sections 3-2-6(A)~ 8-7-1~ and 8-7-1(E)~ Meridian City Code, be, and the same are hereby repealed. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. Park Regulations Ordinance Enacting a New Chapter 2 Title 13 PAGE50F7 SECTION 6: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and effect .aftC.1 its pdssage,-appro'v a1 and publicatioll~ according t-e-ltl:W! SefJtRI';"bcv I,. 2tJt? 3'.., PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 22- PtcL day of f MY ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 22- JA..L day of Jutq ,2003. (/ MayW"R\)" eAAA)?<ilwe ,\ _1'0 Of'I'> // " ~~ "L., /, " ~, "1.1. 'l .:::.... 0 o"POR.<! ?; . y <;.... 2 ..:..V ~A ~ ,~ v ; t SEAL ~ ~ L/.3e ~~.. r'?" . ~~ 71 c.-.\. "'0 CoutS', 1Si......~ P j CIty Clerk ~... '1 'f:>~ ~~ An Ordinance ofthe City of Meridian Bf~HldtfG( B~~ Jr., City Clerk First Reading: 7 ~ 2-2- -,t) 3 11111/111111\\\\\ Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code 50-902: YES)C NO Second Reading: Third Reading: Attest: STATE OF IDAHO,) : ss. County of Ada. ) On this day of , 2003, before me~ the undersigned~ a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR.~ known to me to be the Mayor and City Clerk, respectively~ of the CITY ofMeridian~ Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. Park Regulations Ordinance Enacting a New Chapter 2 Title 13 PAGE 6 OF 7 IN WITNESS .WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .o.aa",. oO.ON S l/'~o ..~ -----(ti}.o _~;~oT~;:..6~. e~1 'Y \~. 1:1 I , · a , I III III I I a p. \ : II .. \ I III . \ I - $. ..p.......~'\.C..("'-O.- .. ~ ~.;;:.----~ ~r+. ..~J:SOF vo. .II....!> ShcLlfWLS;ru:-th NOTARYPUBLI FOR IDAHO RESIDING AT: 'cia C{)tf;nit.- JdafuJ MY COMMISSION EXPIRES: '1- 28-{)S Z:\ Work\M\Melidian\Meridian 1 5360M\Ordinances City HalJ12003 Ord\Park Regulations Title J 3 Enacting a Chapter 2 prepared 07 07 03.doc Park Regulations Ordinance Enacting a New Chapter 2 Title 13 PAGE70F7 BEFORE THE MERIDIAN CITY COUNCIL C/C 07/15/03 C/C 07/22/03 IN THE MATTER OF THE ) APPLICATION OF PRIMELAND ) DEVELOPMENT, LLP AND ) YOUNG LANDS FOR APPROVAL ) OF FINAL PLAT FOR ) BRIDGETOWER CROSSING ) SUBDIVISION NO.4, LOCATED AT ) THE NORTHEAST CORNER OF W. ) McMILLAN ROAD AND N. TEN ) MILE ROAD, MERIDIAN, IDAHO ) CASE NO. FP-03-040 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 15,2003 and tabled until July 22,2003, and the Cormcil finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Cormeil from Sonya Allen Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins- Clark Planner III for the Planning and Zoning Department, and Becky McKay, commented at the hearing, and the Cormcil having considered the requirements of the preliminary plat the Cormcil takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.4 / (FPw03-040) Page 1 of6 1. The Final Plat of "BRIDGETOWER CROSSING SUBDIVISION NO.4" as evidenced in Plat bearing: "PLAT SHOWING BRIDGETOWER CROSSING SUBDNISION NO.4, LOCATED IN THE S ~ OF SECTION 35, TAN., R.l W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, \3019-PLT.DWG 06/18/03 BKB, HANDWRITTEN DATE: 6-18-03, JOB NO. 3019, SHEET 1 OF 2, PRIMELAND DEVELOPMENT CO., LLP - DEVELOPER, ENGINEERING SOLUTIONS - IDAHO SURVEY GROUP", Primeland Development, LLP and Young Lands, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated: Hearing Date: July 15, 2003, RECENED JUL 16 2003 CITY OF MERIDIAN CITY CLERK OFFICE, listing 9 General Requirements and 18 Site Specifie Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the response letter from Becky McKay at Engineering Solutions dated July 17,2003, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of two pages, and by this reference ineorporated herein, and the additional requirements from the action of the Council taken at their July 22, 2003 meeting as follows, to-wit: 1.1 Comply with the action of the COlUlcil taken at their July 22,2003 meeting as follows: Under Site Specific Requirement number 9, especially under the third bullet, it should read as follows: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.4 / (FP-03-040) Page 2 of6 SITE SPECIFIC REQUIREMENTS 9. Please add or revise the following plat notes: · Revise note # 13 to reflect the revised recorded development agreement instrument number 101117652. · Include rear easements if different from note #2. · Revise note # 14 to read 5' single story & T two story. · Add note stating that all development shall be in compliance with approved conditional use permit, number CUP-OI-006. 1.2 Comply with the Meridian Fire Department's requirements as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 4/ (FP-03-040) Page 3 of6 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. UFC 902.2.1 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surfaee water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Publie Works Department, May 2000. lA Comply with the Nampa & Meridian Irrigation District as follows: 1. The Distriet's Creason Lateral courses along the south bormdary of this proposed project. 2. The plat for this project shows no easement or any mention of the Creason Lateral. The Creason Lateral and its recorded easement must be shown on the plat. Any and all encroachments of this lateral must be addressed before the District can consider approval of the plat. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.4 / (FP-03-040) Page 4 of6 1. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are eompleted and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is h~reby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.4 1 (FP-03-040) Page 5 of6 By action of the City Council at its regular meeting held on the 2..2.!1ff day of H ,2003. Attest: .. . CORRIE itY-~f Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: ShMvn ~'h. City Clerk clJ-.,.JuT4'/ Dated: I (J -~~--03 ~ ~ .. Z:\ Work\M\Meridian\Meridian 15360M'Bridgetower Crossing NO.4 FP-03-040\OrderFP .doc ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.4 / (FP-03-040) Page 6 of6 MAYOR Robert D. Conic HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS William L.M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF. MERIDIAN 33 EAST IDAlIO . MERIDIAN, IDAHO 83642 (208) 888-4433. FA..-'( (208) 887-4813 City ClerkOffice Fax (20S) 888-4218 PUBUC WORKS BUILDING DEPARTMENT (208) 887-2211' Fax 887-{297 PLANNING AND ZONIl'iG DEPARTMENT (208) 884-5533. FAX 888-6854 STAFF REPORT: To: Mayor & City Council He~&j-Ra~~.; IJ11.Y.J~, _~.Qj)j..".~., l"t J~ ,;![ . _'~. ~s.~,~: 1. \1 1~ l,Ji From: af} Sonya Allen, Planner I () ( ~ Bruce Freckleton, Engineenng Tech III ~ , "j .; " ?illl"l .!U.. J .'1) ~lJ%I,:i (;it::/ {)f j)f(eridi811 {;i{;~j {}iGtk Office " Re: Request for a Final Plat Approval of Bridgetower Crossing Subdivision No.4 - 77 Single-family Building Lots, 5 Common Lots on 26.84 Acres in an R-4 Zone (with PD) by Prime1and Development, LLP (File# FP-03-040) 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 SUNliVIARY & LOCATION This is the fourth phase of Bridgetower Crossing Subdivision, located north of W. Ustick Road, between N. Linder & N. Ten Mile Roads. This phase of the subdivision includes 77 single-family building lots and 5 common lots on 26.84 acres, The gross density of phase No.4 is approximately 2.87 dwelling units/acre. The subdivision is located in an R-4 zone and has been approved as a planned development. The minimum house size within the subdivision is 1,400 square feet, not including the garage area. The street design and lot configuration on this phase.ofthe subdivision has changed from the approved preliminary plat, however, the building lot count has stayed the same and open/common space has increased. The revised street design brings the block over the maximum block length allowed of 1,000 ft. However, the approved conditional use pennit (planned development) included increased block lengths for this subdivision. Three lots were left out of this phase adjacent to Lot 21, Block 15 and Lot 5, Block 17, due to the location of the existing Coleman Lateral and irrigation issues with property that is not yet developed. These lots will be platted with a future phase. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all tenns of the approved preliminary plat (PP-OI-005), conditional use permit (CUP-OI-006) and development agreement (Inst. No. 101117652). fu,<b~j~(fI". /~fJ5 FP.03-040 ~Bridgetoweret(}ssifigSiib:No: -4 - Mayor and Council HearingDate: Ju1y 15, 2003 Page 2 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup irrigation source. Applicant has indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of oceupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat 4. Sanitary sewer service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision, as well as from a new city well being planned within this development. Applicant will be responsible to construet the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the home owner's association. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 6. The soils investigation report submitted with the application indicates that grormdwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the . established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 7. Fencing along micropaths shall be consistent with existing micropath fencing approved in previous phases of Bridgetower Crossing Subdivision. The developer shall place a deed restriction on Lots 12, and 14, Block 15 to prohibit the construction of any solid fencing on these building lots higher than four feet on the sides adjacent to the micropath lots All perimeter fencing must be constructed prior to issuance of any building permits. All other fencing must be constructed prior to issuance of any Certificates of Occupancies. 8. The Landscape Plan (Sheet LS-l, dated 6/19103 by Harvest Design) shall be approved by ACHD for landscaping within the drainage lots (Lots 51 & 60, Block 1) prior to City approval. FP-03-040 "-c'~~Bfl(jgelowerCrossing SUb~~~~~~~~~~1 ~b ;+ ~;A ~:._~~; jZ~ .. ~....~.. Mayor and Council Hearing Date: July 15, 2003 Page 3 Evidence of said approval shall be submitted to the Planning & Zoning Department prior to overall approval of the landscape plan. Please make the following modification: a. Relocate the shade tree in the northwest corner of Lot 60, Block 1, adjacent to W. Crossland Dr., which is located within the 20-foot wide sewer easement. (A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five (5) feet in any horizontal dimension) 9. Please add or revise the following plat notes: {~) (~rt!r Revise note #13 to reflect the revised recorded development agreement instrwnent _ .1), \ \ %..,llV; number 101117652. \... jlJY erG . :,))' Include rear easements if different from note ;#2 JD \;~ ~~^.J Revise note #14 to read "5' single story &~O' two story I ~ \P ~j,\<"o;. Add note. stating that all development shall be in compliance with approved conditional Q)0.J ~(J{Y6 use permIt, number CUP-01-006. 1\.0' 'Y )\'{vi o. Complete the Certificate of Owners and accompanying Acknowledgment. 11. Applicant shall be required to pay Public Works development plan review, and construction inspeetion fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. All drainage areas (detention/retention 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 a 3: 1 slope. 13. Graphically depict a 5-foot wide public utilities, drainage and irrigation easement adjacent to the east side oflot 21, Block 15, and the northwesterly side of Lot 5, Block 17, as these will be side lot line against future lots. 14. Lot 14, Block 15 doesn't meet the minimum 69-foot frontage as approved under the PUD. Please make adjustments necessary to conform to the minimum frontage requirement. 15. Please show the dimensions for each Y2 right-of-way segment along the subdivision boundary at the west end ofW. Teano Drive. 16. Please correct the bearing in the legal description of the Certificate of Owner's for the east side of Lot 21, Block 15 (8 06016' 53 "Bast West). 17. Developer shall coordinate mailbox locations with the Meridian Post Office. -~-~:~~;~~b~~r-CtoSSin~SUb:-NO' 4~~-~- ...______ELfL~b_L-I~:l_B~~a.QfS~--.-----~---.,~~~- Mayor and Council Hearing Date: July 15, 2003 Page 4 18. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement" does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Publie Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinanee Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividds 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 lots receiving engineered backfill. 5. Submit "Pinal" letter from the Ada County Street Name Conunittee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian1s Water Works Superintendent. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. STAFF RECOMMENDATION ~~~.~~i~:;~~~er-crOSSil1gSUb;NO~4~'~~ ~~~~~~~~~'~ .. -- ~.&b-~iL~f~'.A~~- :t_Q{ S. ~_~_____~~_~".,_~_~~~~~ Mayor and Council Hearing Date: July 15, 2003 Page 5 Staff recommends approval'of the -final plat for Bridgetower Crossing Subdivision No.4 with the above stated comments & conditions. C. 17 c I .. { (t 1] ,j' - -- OS FP-03-040 .. .... . .. .... ~___ .h2::fJ._'J2!_t_~Li____:;;__~r.:Lf:--~~__~,~_c___,_ -------0 ~c----Bridgetowef Ci'OsSiilg~Sii1j7No.4~~~~---~- --.-.C' --. . . NGINEERI ~ 50 East Aikens Street, Suite B Eagle, l.Q 836~6 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwest.net July 17,2003 Mayor and City Council City of Meridian 33 East Idaho A venue Meridian, ID 83642 ir'il ").-,.,-..~ -.r-" ."'-c;- _ fr' H fi .1i11 n ,j 7 '1:l ~R',}' "';., ,~JjLJ 'cl. ! r: I ij ;11 t'L. ~ - ~ "'"""" 1""'--1._'" Re: Bridgetower Crossing Subdivision No.4 (Final Plat) File No. FP-03-040 YU'l' ~"1 ')n!l~ . J, ,bUU" Dear Mayor and Council: City OfMeridiall City Clerk Office We have reviewed staff comments dated July 15, 2003, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will meet all terms of the approved preliminary plat (PP-OI-005), conditional use permit (CUP-OI-006) and development agreement (Inst. No. 101117652). 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. We believe that Note 15 on the plat addresses this issue. 8. The applicant will comply. 9. We are currently researching our riles to determine if the appropriate development agreement is applied to this portion of the overall project. We believe the side setback issue may have been brought up in earlier public hearings. If the interior side setbacl{s were not addressed in our applications, the applicant will comply. 10, The applicant will comply. ~-~l-1-.~~The,.applicant~wil1-comPlY.-.~~,,~~. "IJ",f" '!./f3 /, ..i=~-~~=~~~~-.~-" ~- C:\Documents and Seltings\.smitbs.MERIDlANCITY\Local Seltings\Temporary Internet Fi1es\OLKC\RecsResponsc.doc Mayor and City Council July 17, 2003 Page 2 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will eomply. 16. The applicant will comply. 17. The applicant will comply. 18. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. .., The applicant will comply. J. 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. We believe this letter addresses all of your concerns. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay Partner BM:ss ~~Gc:_c-c-=--Mr4rankVan:ia1e_-_- -- -- Exlz-ilb;+ /' E/' ~ oP;L. ~--~_._--"'""' .. .. . ". -'.' ~.. . ~-~ C;\Docmnents and Settings\smiths.MERIDIANCITY\Local Settings\Temporaty Internet Files\OLKC\RecsResponse.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TUSCANY DEVELOPMENT, INC. FOR APPROVAL OF FINAL PLAT FOR MESSINA VILLAGE NO.2 SUBDIVISION, LOCATED WEST OF SOUTH EAGLE ROAD, SOUTH OF EAST VICTORY ROAD, MERIDIAN, IDAHO CIC 07/22/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-041 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 22,2003, and the Conneil finding that the Administrative Review is complete which has included eertain comments as stated in a letter to the Mayor and Council from Sonya Allen Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Kent Brown, commented at the hearing, and the Conncil having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: I. The Final Plat of "MESSINA VILLAGE SUBDNISION NO.2" as evidenced in Plat bearing: "PLAT OF MESSINA VILLAGE SUBDIVISION NO.2, A PORTION OF THE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA VILLAGE SUBDIVISION NO.2 1 (FP-03-041) Page 1 of5 NE Y4 SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, #20909 \20909-PLT.DWG BKB 05/14/03, SHEET 1 OF 2, HANDWRITTEN DATE: 5/15/03 AND STAMPED DATE OF: MAY 152003, TUSCANY DEVELOPMENT, INC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Tuseany Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freekleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated: Hearing Date: July 22,2003, RECEIVED JUL 172003 CITY OF MERIDIAN CITY CLERK OFFICE, listing 7 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, and the additional requirements from the action of the Council taken at their July 22,2003 meeting as follows, to- wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix Ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length to be provided with an approved turn around. ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR :MESSINA VILLAGE SUBDIVISION NO. 2/ (FP-03-041) Page 2 of 5 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet nndeveloped parcels are maintained free of combustible vegetation per section 11 03.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum oftwo points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. Building setbacks shall be per the Building Code for one and two story eonstruetion. 10. The roadways shall be built to Ada Connty Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. UFC 902.2 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 storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to gronndwater and surface water quality; that engineers and arehitects should obtain current best management practices for storm water disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Storm water 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. ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR :N.ffiSSINA VILLAGE SUBDIVISION NO.2 1 (FP-03w041) Page 3 of5 1. 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 eompletion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision coneerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judieial Review may be filed. 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 whieh may be adversely affected by this decision 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA VILLAGE SUBDIVISION NO.2 1 (FP-03-041) Page 4 of5 By action of the City Council at its regular meeting held on the 2-2 Y\.4 day of ;jujiJ. ,2003. Attest: Copy served upon Applicant, the Planning and Zoning Department, Public Wor~\i!)l;!tlMttmp>>t, \\'0 OF ).AI:",.., II and City Attorney. ...",":\-{ "-rfID....: 11'1,,-/ ~ 0- . WO,l:)~ "11--/ ~ ..rP ''''f)-A ~ f ~- "0 \ - - - - - - /~2g-03 ~ = By: $haJ1fY1 ~~l1rl11l c1Jfii;!1J CIty Clerk Dated: Z:\Work\M\Meridian\Meridian 15360M\Messina Village No. 2 Sub FP-03-041\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR:MESSINA VILLAGE SUBDIVISION NO.2 / (FP-03-041) Page 5 of 5 MAYOR Robelt D. Corrie HUB OF TREASURE V ALLEY A Good Place to Live LEGAL DEP ARTivlENT (208) 466-9272~2499 . Fax 4664405 CITY COUNCIL MEMBERS Ta=y deWeerd Keith Bird Cbelie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 ' FAX (208) 887-48!3 City Clerk Oftice F?x (208) 888-42[8 PUBLIC WORKS BU[LDING DEPARTMENT (208) 898-5500' Fax 887-1297 PLAi"lNlNG AND ZONING DEPARTMENT (208) 884-5533' FA,,'{ 888-6854 To: Mayor & City Council (}if Sonya Allen, Planner I () ~ Bruce Freckleton, Senior Engineering Tech ~ Hearing Date: July 22, 2003 r[) ~i'J;":1 ./ -';1 ".I'""\! ~""',,^"' "'.... ..;~t frO:; 9i 1 [.1.;1' " t 1. 1,f7'1"R~..' , , ,.,' l" I ~ ~" '-1 -' -'", ';.1 _.::;._~, " , ~..J 1) ? ~ 1., ~ !Jj - ........On- ...-... i ....~ ...-1..J STAFF REPORT: From: JiJI .1 ~ ""Dfl'~ .~~ l. r f ;' .i;. '" :J ~ J.~ V"'-,-"" ,n.;' - 0""'[."" '--~"F.Y' ! !'denman. CIty Clerk Office Re: Messina Village Subdivision' No.2 oFinal Plat Approval of Forty-Nine (49) Building Lots and Three (3) Other Lots on 17.08 Acres ofland in an R-4 Zone, by Tuscany Development, Inc. (File No. FP-03-041). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUlYIMARY The applicant, Tuscany Development, Inc., has requested approval of the second phase of Messina Village Subdivision, consisting of forty-nine (49) building lots and three (3) other lots on 17.08-acres. This phase of the subdivision will have a gross density of 2.8 d.u./acre. The subject property is located approximately ~ mile south of E. Victory Road, and 1/8 mile west of S. Eagle Road. Staff finds that the proposed final plat substantially complies with the approved Preliminary Plat This is the second phase ofthe multiple-phase Tuscany Lakes Subdivision. LOCATION The property is located approximately ],4 mile south of E. Victory Road, and 118 mile west of S. Eagle Road., in Section 29, Township 3 North, Range 1 east. SURROUNDING PROPERTIES North: Rural residential/agricultural land, zoned RUT (Ada County) and the proposed Messina Hills Subdivision, zoned RA. South: Rural residential/agricultural land, zoned RUT (Ada County). __'____fp~~c--=~~__-- .~~.~ "---,,.---,---'- ~~c~~_,~~______ ,---.----:---~ E9Vh t~6/~+ ';A (; ! 0 r ;:;lnaHilI,suWj~iOUNO.2.FP Mayor & City Council Hearing Date: July 22, 2003 Page 2 East: . Rural residential/agricultural land, zoned RUT (Ada County). West: Proposed Messina Hills Subdivision & Tuscany Lakes Subdivision, zoned R-4. SITE SPECIFIC COMMENTS 1 FINAL PLAT 1. Applicant is to meet all tenns of the approved preliminary plat (PP-02-006) and annexation (AZ-02-0005). 2. The applicant has indicated that NMID will own the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or w~U 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. A fully operational pressurized irrigation system shall be installed for this phase prior to occupancy of any home or building within this phase of development. 3. Fencing adjacent to micropaths shall be installed per MCC 12-13-15-9. The developer shall place a deed restriction on Lots 14, 16,21, & 22, Block 2, and Lots 9 & 10, Block 7, to prohibit the construction of any solid fencing on these building lots higher than four feet on the sides adjacent to the micropath lots. Delete the "Fence Height Restriction Area" symbol from the plat and legend. Modify Note number 13 to be more descriptive of the location of restriction. 4. The proposed landscaping plan (prepared by the Land Group, Inc. entitled L-l & L-C, dated 5/16/03) shall be approved by ACHD for landscaping within the drainage lots (Lot 6, Block 2 & Lot 4, Block 7) prior to City approval. Evidence of said approval shall be submitted to the Planning & Zoning Department prior to overall approval of the landscape plan. Please make the following modifications to the landscape plan: . ACHD storm drainage access road shall be paved unless othenvise required by ACHD. . All fencing shall be reduced to three feet in height within twenty feet of the right- of-way. . Grass/sod is required in the five foot planter adjacent to roadway. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and aetivated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building pennits. All development improvements, including perimeter fencing and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of ~~~~-~--~~c-'-~~~-~~... . E ~h ; b I f ''f} I~ ~ () rZ/ Vill.ge SubdivisiOli No. 2.FP Mayor & City Council Hearing Date: July 22, 2003 Page 3 credit or cash surety.in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer,. water, etc., prior to signature on the final plat. 6. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct .the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. Complete the Certificate of Owners and accompanying AcknowledgmEmt. 8. 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. 9. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3: 1 slope. lO. Add descriptive text to the NE and NW comers of the SE4, NE4 of section 29, as described in the legal description of the Certificate of Owner's. 11. Provide blow-up details on the final plat for the southeast corner of Lot 26, Block 2. 12. Revise the bearing call-out across the east end of the E. Tiber Drive to SN 11 o48'34"8W, to be consistent with the legal description of the Certificate of Owner's. 13. Graphically depict a 5-foot wide public utilities, drainage, and irrigation easement along the east side of Lot 18, Block 4, Lots 18-19, Block 2, and Lot 3, Block 7 as these will be side lot lines against an existing phase. 14. Graphically depict 1 O~foot wide public utilities, drainage, and irrigation easements along the south side of Lots 9-11, Block 4, Lots 10-14 & 16-18, Block 2, and Lot 3, Block 7. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. S taft" s failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate ~----'-FP::O:l-041 .~M';;ina Village Sul:id~ionNoT~~~'~~. ~- E~/u'h;-1- II A It 3o-P;/ Mayor & City Council Hearing Date: July 22, 2003 Page 4 irrigation/drainage district, or lateral users 'a;:;sociation (ditch owners), with written approval or non-approval submitted to the Public Works Department, If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to fmal plat signature 2. .Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 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 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 nonnal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Nleridian's Water Works Superintendent. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Messina Village Subdivision No.2 with the above stated comments and conditions. -~~....- ~::OJ-ll41 EcJlJb;'f 11/3" L/ Or~ - ~~. ~" . ---':..----=.~.," ,. ,-' ~sinaVill:i.geSubdivisio~~i:k.~i~--'-""-,.,~,".. \ \ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY/FINAL PLAT FOR ) GAUDRY SEEGMILLER SUBDIVISION, ) LOCATED IN RESOLUTION BUSINESS ) PARK AT THE INTERSECTION OF S. ) MILLENIUM WAY AND E. GALA STREET, ) MERIDIAN, IDAHO ) ) ) ) ) ) BY: GORDON N. ANDERSON APPLICANT CIC 07/01103 CIC 07/22/03 CASE NO. PFP-03-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT The above entitled matter coming on regularly for public hearing before the City Conncil on July 1,2003 and continued until July 22, 2003, and Anna Powell Planning Director, and Brad Hawkins-Clark Planner III, for the Planning and Zoning Department, Gordon Anderson, David Seegmiller, Robert Gaudry, David Zaremba, Becky McKay, and David Wishney, appeared and testified at the hearing, and the City Conncil having received a report from Steve Siddoway 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 Plat Drawing described as follows, "GAUDRY SEEGMILLER SUBDIVISION, A RESUBDNISION OF LOT 2, BLOCK I, RESOLUTION SUBDNISION NO.1, SITUATED IN THE NW 1;4 OF SECTION 20, T.3N., R. IE., RM., CITY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON - (PFP-03-002) PAGE 1 OF9 MERIDIAN, ADA COUNTY, IDAHO 2003, 02196FINAL.dwg 07/10/03, SHEET 1 OF 2, HANDWRITTEN DATE: 10 JULY 03 AND STAMPED: RECEIVED JUL 172003 CITY OF MERIDIAN CITY CLERK OFFICE, ANDERSON-DAVID & ASSOCIATES, INC. - LAND SURVEYING SERVICES", Gordon N. Anderson submitted for preliminary/final plat approval, and which preliminary/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Amended 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 L-O Limited Office, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-20] 2. The preliminary plat is in eonformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is found that the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use Map designates the property split between Commercial and High Density Residential. The High Density Residential is shown in color to refleet the boundaries of the approved multi-family portion of the previously approved Resolution Subdivision, west of FINDINGS OF FACT AND CONCLusrONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT- GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON - (PFPw03-002) PAGE 2 OF 9 the subject property. The subject property was approved as an office lot in the original CUP, and remains so under the proposed re-subdivision. Professional offices are permitted land uses under the Commercial designation. 3. It is determined that public services are available to accommodate the proposed development. Water and sewer services were stubbed to the existing Lot 2. New services will be required for the proposed lots as part of the re-subdivision. 4. The proposed development is a continuity of the development within the City's Capital Improvement Program and ifthe conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III are met there will be public financial capability of supporting services for the proposed development. 5. The development, if built in accordance with the conditions, and as proposed, will be compatible within the vicinity, and will not create health, safety or environmental problems, nor will the development have an adverse impact on other persons, property, or uses within the vicinity. 6. The City Council recognizes the concerns of Capt. Musser of the Meridian Police Department, in his Memorandum dated July 11,2003, and the Council also recognizes the letter of Eric C. Guanell of the G.L. Voigt Development Co. dated March 26, 2003. Additionally, the City Council recognizes the Applicant's Legal Memorandum submitted by the applicant's attorney, David E. Wishney dated: RECENED JUL 22 2003 City of Meridian City Clerk Office. 7. It is found that the Recommendation to City Council ofthe Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON - (PFP-03w002) PAGE 3 OF 9 Commission is not reasonable, especially pertaining to the submittal of a copy of a recorded cross-access and cross-parking easement agreement, and the conditions of approval of the preliminary plat will be required as set forth hereinafter in the Decision and Order. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 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 PreliminarylFinal Plat of the applicant as evidenced by "GAUDRY SEEGMILLER SUBDIVISION, A RESUBDIVISION OF LOT 2, BLOCK 1, RESOLUTION SUBDIVISION NO. I, SITUATED IN THE NW ~ OF SECTION 20, T.3N., R. IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, 02196FINAL.dwg 07/10/03, SHEET I OF 2, HANDWRITTEN DATE: 10 JULY 03 AND STAMPED: RECENED JUL 172003 CITY OF MERIDIAN CITY CLERK OFFICE, ANDERSON-DAVID & ASSOCIATES, INC. - LAND SURVEYING SERVICES", has been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat eomments are as set forth in the Memorandum to the Mayor and City Council from Steve Siddoway Planner II for Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Transmittal Date: May 29,2003 and P & Z Hearing Date: Jnne 5,2003, listing 8 Site Specific Comments - Preliminary/Final Plat, a true and correct copy of which is attached hereto and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT- GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON w (PFPw03-002) PAGE 4 OF 9 marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements from the City Council from their meeting of July 22,2003, and the requirements are as follows, to-wit: A. Adopt the action of the Council taken at their July 22, 2003 meeting as follows: 1. Pertaining to Staff conditions, and in particular under SITE SPECIFIC COMMENTS-PRELIMINARYIFINAL PLAT number 4, it shall now read as follows: SITE SPECIFIC COMMENTS - PRELIMINARYIFINAL PLAT 4. Applicant shall submit a copy of a reeorded cross-access and cross-parking easement for the lots within the Gaudry Seegmiller subdivision prior to signature on the final plat. The applicant shall be required to provide a temporary emergency access point for use by emergency vehicles only on the southern boundary of the project adjacent to Lot 3 of Resolution Subdivision, which lot is currently owned by G.L. Voigt Development. This temporary emergency access point shall only be required until said Lot 3 has access from the east. At that time, the applicant may request removal of the temporary emergency access point by the approval of the Planning and Zoning Administrator and the Meridian Fire Chief. Additionally, the applicant shall submit a plan for staff's approval for the permanent pedestrian access to the south, which shall be located somewhere east of the center of the southern boundary line. B. Adopt the Recommendations of the ACHD as follows: 1. Utilize the existing shared aeeess located on South Millennium Way located approximately 180- feet south of Gala Street (measured near edge to near edge). This location meets District policy and shall be approved with this application. 2. Provide a recorded cross access easement for the parcels to use this shared access to the public street. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON - (PFP-03-002) PAGE 5 OF 9 3. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of South Millennium Way. 4. When the District receives a formal application for the commercial uses, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. 5. Comply with aU Standard Conditions of Approval. Standard Conditions of Approval: 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. AU 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 rmIess approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. AU design and eonstruction shall be in accordanee 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 shaU prepare and certify aU 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 Connty Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON - (PFP-03-002) PAGE60F9 8. Payment of applieable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (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 Connty Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada Connty Highway District. 11. Any change by the applicant in the planned use of the property whieh 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 nnless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads internal fire lanes and entrances shall have a turning radius of28' inside and 48' outside. 4. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY /FINAL PLAT - GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON - (PFP-03-002) PAGE70F9 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901A.2 & 901.3 3. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. 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; and NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY T AKlNGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY /FINAL PLAT - GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON - (PFP-03-002) PAGE 8 OF 9 ~~ By action of the City Council at its regular meeting held on the /2 aayof Ilu-?.{<r I , 2003. dI~'P- BY.~ ROBE T D. CORRIE Mayor, City of Meridian \\\\ll11lllill/1 ,,\\ M 1111 "" ,I Of €fgl' 111/ ,,~, v4".- ./ c} rOfl-PoR.q h ~ % ~ ~v ~o ~ ff ~ ~ - - - - Attest: & S Qu ,co 0 ~ ~ "1<) '8, 191 . X',f ~... ~a ..0tf- ,,':::- ......... Ou -r-J \V ...' 11111 ~ \_I.~~lli.~}~ Copy served upon Applicant, the Plannin~~~~~ep~ment, Public Works Department and City Attorney. .;-"J:- :r.?OR ~..z,. ~'/ ... cP .1l:.t:;. ~ 2 ~ <0 ~ - - ~ D~te1&AL - ~ -~ 3 "7 & .- c:..Qu ,c, 0 .... ~ "?A S, 19\' .';l::' $' '/ vA! ~. .:::- ...../.../1 Onll~'~" ~ ,..."... Z:\ Work\M\Meridian\Meridian 15360M'Gaudry Seegmiller Sub PF.Pr,8:f-llO'iWtel.i'hI;'la'tFinalPlatFfCls.doc //11/1111111\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT- GAUDRY SEEGMILLER SUBDIVISION BY: GORDON N. ANDERSON - (PFP-03-002) PAGE90F9 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live 33 EAST IDAHO MERIDIAN~ IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN STAFF REPORT: Transmittal Date: May 29,2003 P&Z Hearing Date: Jnne 5, 2003 To: Mayor, City Conncil and Planning & Zoning Commission Steve Siddoway, Planner II #.rw-- .c:;::# Bruce Freckleton, Senior Engineering Teeh ~ From: Re: Gaudry Seegmiller Subdivision · Preliminary/Final Plat Approval of a Three (3) Lot Subdivision on 1.55 Acres in an L-O Zone~ by Gordon N. Anderson (File No. PFP-03-002). We have reviewed the above referenced submittals and offer the following comments~ as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, Gordon Anderson, has applied for Preliminary/Final Plat approval of a three (3) lot office (L-O) subdivision on 1.55 acres of land located in Resolution Business Park at the intersection of S. Millenium Way and E. Gala Street. The site is located on existing Lot 2, Block 1 of Resolution Business Park, which is currently vaeant. The site is owned by Robert Gaudry and David Seegmiller. The proposal is to subdivide the existing 1.55 acre lot into three lots (0.57, 0.51, and 0.47 acres). The minimum lot size for the L-O zone is 7,000 square feet (or 0.16 acres), so the proposed lots are still above the minimum lot size. Condition 12.1 of the Findings of Fact and Conclusions of Law for Resolution Business Park (CUP-OO-017) requires that all "future phases of the projeet shall require separate Conditional Use Permits for each phase...." Thus, all lots in the proposed subdivision must be developed under the Conditional Use process, unless the original condition is modified by Couneil. Landscaping along Millenium Way, irrigation, sanitary sewer & water services, and other required subdivision improvements have been installed to the original Lot 2. New services will be required with the re-subdivision into three lots. PFP-ll3-OO~ E/Jl /h 1~llr /1 (- / of i Stalfoomments PFP " Ie Planning & Zoning Comml:ssion/Mayor & City Council Transmittal Date: May 29, 2003 P&Z Hearing Date: Jnne 5, 2003 Page 2 LOCATION The property is located south of Overland Road, approximately halfway between Locust Grove Road and Eagle Road, along Millenium Way near the entrance to Monntain View High School. SURROUNDING PROPERTIES North: Vacant land, zoned L-O in Resolution Business Park.. South: Vacant land, zoned L-O in Resolution Business Park and Mountain View High School, zoned R-4. West: Vacant land, zoned L-O in Resolution Business Park. East: Vacant land, zoned L-O in Resolution Business Park. PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12.3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: 3. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in eonformance with the Comprehensive Plan. The Future Land Use map designates the property split between Commercial and High Density Residential. The High Density Residential color shown was intended to reflect the bonndaries of the approved multi-family portion of the previously approved Resolution Subdivision, west of the subject property. The subject property was approved as an office lot in the original CUP, and remains so nnder the proposed resubdivision. Professional offices are permitted land uses under the Commercial designation. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer serviees were stubbed to the existing Lot 2. New services will be required for the proposed lots as part ofthe re-subdivision. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. PFP-tl3-00J 6~)Lt<h/~II(/i If d (Jf;f Slnff comments PFP ,/ ( Planning & Zoning Comml::';':'lonlMayor & City Council Transmittal Date; May 29,2003 P&Z Hearing Date: June 5, 2003 Page 3 d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Councilor Commission's attention. SITE SPECIFIC COMMENTS - PRELIMINARYIFINAL PLAT 1. Complete the Certificate of Owners and accompanying Acknowledgment (Sheet 2 of the final plat). 2. Revise the landscape plan to replace all proposed conifer trees with approved deciduous tree species along East Gala Street. Submit a revised landscape plan for review and approval prior to signature on the final plat. All street buffers shall be landscaped as each lot develops, in compliance with the approved landscape plan. The submitted landscape plan shows a 20-foot easement along Gala for landscaping. The submitted plat shows a 12-foot existing easement in the same location. Revise the final \IY~ plat to show a new 20-foot wide easement, as depieted on the landscape plan. The \- ~ easement should still be labeled as a joint public utilities, street light, drainage, and '<( ~( cA ru landscape easement. 00lJ ~ q: 4+)APPlicant shall submit a eopy of a recorded cross-access and cross parking easement for \oR; the subdivision prior to signature on the final plat. eO - ~~ CJY...' f) CY fJ' ')' 5 . /'( 3. Sanitary sewer and water service to this development shall be via service line extensions from the existing City of Meridian mains adjacent to the project. 6. Pressurized irrigation within this development will be from the existing system that was installed as part of the Resolution Subdivision. 7. Include the Chord Bearing and Distance for curve #9 in the legal deseription of the Certificate of Owners. 8. Add or revise the following final plat notes: (1.) . . . Idaho Code Section 31-3805. as it pertains to irrigation water. (7.) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. PFP-m.o02 E~h&'b;f II li iI 3 oP;J Staffcomm"nlS PFP / o. f Planning & Zoning Comrrilssion/Mayor & City Conncil Transmittal Date: May 29,2003 P&Z Hearing Date: June 5, 2003 Page 4 (8.) (9.) (10.) (11.) All lot lines common to public right-of-ways have a 20-foot wide permanent landscape. public utilities. drainag.e and irrigation easement. All other exterior lot lines of the subdivision have a la-foot wide public utilities, drainage and irrigation easement. However. this shall not preclude the construction of proper hard surfaced driveways for access to eaeh individual lot. The bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal gronnd water elevation. This subdivision is subiect to the terms of a Development Agreement recorded as instrument number 100056509, records of Ada County, Idaho. All lots in this subdivision are subject to a cross-access and cross parking easement. RECOMMENDATION Staff recommends approval of the proposed preliminarylfinal plat, with the aforementioned findings and conditions. PFP-{l3-002 IjJLth,i '~/711 ~of~ St.ffcommenlS PFP July 18,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT July 22, 2003 llP ITEM NO. REQUEST Water, Sewer and Trash Delinquencies: 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 DE?T: 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: Mf~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. DELINQUENCY FOR TURN OFF SCHEDULED FOR July 23, 2003 RECEIVED _ ,.,. J U L 2 2 2003 CITY OF MERIDlAJ.'l MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, July 22,2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on July 23 and/or July 30, 2003 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (N 0 response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $20,806.55. ~-?,,,.,. ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Jul 22, 2003 02:56pm Current Period: 07/31/2003 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 Last Pmt Last Pmt Cust No Name Bala nce Non-Delinq 05/31/2003 04/30/2003 03/31/2003 Date Amount 42.2114.2 ACKLEY, WENDY 175.91 151.90 24.01 OS/20/2003 70.23 - 2.2250.2 ADAMSON, DEBBY 195.30 129.48 50.04 15.78 07101/2003 50.00 - 35.3064.2 AFFLECK, JARED & L1NDI 87.58 86.60 .98 07/14/2003 42.81 - 21.2660.1 ALDERMAN, STEVEN B 153.01 115.08 37.93 06/09/2003 35.00 - 74.3788.1 ALDERSON,MARY 113.06 75.56 37.50 05/09/2003 75.00 - 50.0244.1 ALGER,BRENT 77.91 51.94 25.97 OS/28/2003 49.00 - 15.0110.2 ALTA 182.05 107.26 49.22 25.57 OS/20/2003 60.00 - 34.2730.1 ALVEREZ, ROSALlO 92.50 90.86 1.64 06/16/2003 100.00 - 25.4010.2 ANGSTMAN, T.J. 439.33 176.94 262.39 2.6300.1 ANSON, PATRICIA 183.99 171.54 12.45 07/01/2003 40.00 - 4.1664.3 ANSON, RICK & REBECCA 153.44 142.46 10.96 05/16/2003 150.67 - 51.1138.2 ARANA & R.C. LAND COMPANY 112.85 37.55 75.30 15.0516.2 ARCHIBALD, BEN & JAMIE 116.76 78.82 37.94 06/12/2003 64.99 - 21.0066.1 ATHAY,ROBERT 187.38 160.82 26.56 06/27/2003 50.00 - 51.3370.1 ATWOOD, CINDI 117.13 83.64 33.49 04/28/2003 124.60 - 42.2148.1 AZARY, SUSAN 105.35 78.40 26.95 05/14/2003 49.98 - 1.1040.2 AZEVEDO, JOE & HEATHER 69.11 68.94 .17 07/2212003 22.57 - 51.0180.1 B M C, WEST 47.20 24.58 11.31 11.31 04/2212003 11.31 - 13.8434.2 BAGLEY, ADAM 83.05 55.54 27.51 06/04/2003 27.77 - 51.0694.1 BAILEY, PEGGY 185.08 147.08 38.00 07/21/2003 35.05 - 2.3550.2 BAILEY, PEGGY 111.85 93.78 18.07 07/21/2003 20.00 - 2.2130.1 BALDWIN, PIXIE 62.72 60.76 1.96 06/20/2003 50.96. 4.1620.6 BARNEY,MARY 282.24 141.22 38.76 39.73 62.53 06/02/2003 100.00 - 4.1430.1 BARNEY, MARY R 147.70 147.12 .58 07/09/2003 50.00 - 21.3036.2 BARR, GERALDINE 175.55 144.48 31.07 06/10/2003 36.96. 50.1022.1 BEACH,ARTHUR 254.39 203.75 50.64 04/29/2003 70.00 . 21.2960.1 BEACH, MALCOM & PEGGY 212.51 197.42 15.09 04/29/2003 125.32 . 1.0030.2 BEAUDOIN, JOHN R 50.00 20.25 20.25 9.50 06/03/2003 27.06 . 4.1722.1 BEECHER, RICHARD 112.D1 106.84 5.17 05/1212003 71.29. 33.2316.1 BELL, LILLY 128.80 86.92 41.88 07/21/2003 30.00 - 25.4050.2 BENNET, JUSTIN 158.93 69.71 44.61 44.61 04/24/2003 112.57 - 42.1798.1 BETTENCOURT, RICHARD 144.61 94.12 50.49 06/13/2003 47.55 - 11.5050.1 BETTY LOU BRITTON 123.17 89.30 33.87 06/04/2003 31.91 - 4.1834.1 BITONI, MARK 269.24 201.38 67.86 06/17/2003 66.87 - 21.0154.2 BITTICK, BRIAN 250.69 165.62 85.07 06/25/2003 56.05 - 25.4068.1 BLACKSTONE DEVELOPMENT l 105.96 70.58 35.29 .09 06/11/2003 31.01 - 2.0446.4 BOBKO, RAYMOND 171 .56 133.72 37.84 05/19/2003 100.00 - 33.4154.3 BOBKO, RAYMOND 231 .82 98.34 34.47 34.47 64.54 06/23/2003 50.00 - 50.1726.2 BOESIGER, MAX 150.76 110.38 40.38 06/26/2003 70.00 - 34.1318.2 BOOHER. CRAIG & DANA 254.37 193.10 61.27 06/03/2003 10.46 - 22.1756.1 BOWEN, ERIC 84.07 84.06 .01 07/01/2003 41.53 - 51.4310.1 BOWER INVESTMENTS, LLP 24.61 16.08 8.53 05/08/2003 98.27 - 74.3796.1 BRADLEY, CHRISTOPHER 115.48 87.98 27.50 07/18/2003 46.00 - 31.3068.4 BRATT, DENISE 175.47 132.66 42.81 06/1212003 42.81 - 31.3022.3 BREEDLOVE, RUSSELL & MICHl 187.42 80.17 45.27 61.98 05/0212003 60.03 - 16.3306.2 BREWER, CHRIS & ELIZABETH 124.42 101.06 23.36 07/2212003 65.00 - 1.0800.1 BREWER, SID & SHELLY 131.95 68.62 63.33 05/21/2003 93.06 - 32.0504.3 BRIGHT, ARRON & SONIA 145.10 100.98 44.12 06/16/2003 50.00 - 6.9260.1 BROWN, BOB 22.03 18.55 3.48 8.0144.2 BRUCE, TIMOTHY 115.30 77.52 37.78 05/12/2003 99.97 - 33.1852.1 BUNDY, DOYLE 113.78 84.96 28.82 07/18/2003 38.20 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Jul 22, 2003 02:57pm Current Period: 07/31/2003 No Delinquent Minimum AmountDelinquent Balance last Pmt last Pmt Cust No Name Balance Non-Delinq 05/31/2003 04/30/2003 03/31/2003 Date Amount 14.3556.2 BURCHFIELD ENT 130.02 66.98 63.04 06(19/2003 31.00 - 34.0856.1 BURGESS, LIN 195.25 194.42 .83 07/03(2003 65.85 - 19.6510.2 BURKETT, MARK 228.81 228.81 01/22/2003 83.14 - 65.3162.3 BURNS, E. GALE & ELAINE 222.41 132.14 72.44 17.83 07/01/2003 50.00 - 34.1456.1 BURROUGHS, JEFF 120.28 109.16 11.12 06/18/2003 100.00 - 74.0674.2 BUSEY, MIKE 88.90 87.90 1.00 07(03/2003 39.05 - 21.0522.1 CALWEll, MARC 107.71 80.46 27.25 06/1712003 50.00 - 4.1140.1 CAMPBELL, JENNIFER 119.22 80.46 38.76 06104/2003 38.75 - 42.0414.2 CAPITAL CITY PROPERTY MAN 111.88 75.24 36.64 06/26/2003 168.90 - 69.1006.2 CAPITO, FRANK 160.53 64.12 38.92 35.97 21.52 03/27/2003 42.51 - 20.1634.1 CARLSON, PATRICIA 89.36 86.58 2.78 06/26/2003 32.51 - 37.3890.2 CARMIlE, TYSON & CHARITY 112.75 74.84 37.91 34.1808.2 CARPENTER,DOUGLAS 164.80 122.28 42.52 06/18/2003 42.51 - 4.2166.2 CARPENTER,SEAN 315.99 39.71 276.28 01/22/2003 143.88 - 50.2108.1 CASELLA, GARY 115.00 58.48 28.75 27.77 OS/20/2003 28.75 - 3.0850.2 CAST, PETER & VERIONICA 151.32 110.84 40.48 06/17/2003 33.00 - 36.1120.1 CAVEN,STEVE 53.39 35.92 17.47 74.0392.1 CHADWICK, LARRY & SUSIE 157.47 116.40 41.07 05/28/2003 42.00 - 21.1402.2 CHAPMAN, JAMES 169.37 114.06 55.31 05/20/2003 134.00 - 42.2582.1 CHAPMAN, LORRI 176.50 138.28 38.22 07/01 (2003 30.00 - 2.4700.2 CHENEY,STEVEN 106.55 106.52 .03 07/21f2003 40.00 - 74.2752.3 CHILDRESS, JACK 127.51 125.54 1.97 07/21/2003 38.75 - 15.0047.2 CHRISTENSEN, DAVID 150.12 100.08 50.04 06/13/2003 51.01 - 51.1168.3 CHRISTIANSON, ARTHUR & COI 75.30 37.55 7.55 7.55 22.65 20.1606.3 CHRISWELL, LEE ANNA 259.89 129.40 34.02 34.01 62.46 02/05/2003 111.51- 33.2426.5 CLAY, SUSAN & STEVEN 145.11 59.78 57.93 27.40 05/21/2003 35.00 - 21.2214.4 CLEVELAND, RICHARD & KAREl 167.18 79.08 69.05 19.05 06(16/2003 50.00 - 13.5018.2 CLYNE, STEVEN & BRENDA 96.97 77.44 19.53 06(18/2003 38.23 - 51.0874.1 COLE, ORVILLE 86.99 83.14 3.85 07/21f2003 35.00 - 74.3650.2 COLSON, CHRIS 196.48 64.15 64.15 40.03 28.15 03/19/2003 100.00 - 33.2566.2 CONNELL, EDWARD 146.11 145.78 .33 07/22/2003 66.00 - 4.0882.1 COPELAND, STEPHAN & JACKIE 153.75 94.84 58.91 06/10/2003 56.93 - 22.2528.2 CRANDALL, DALLAS & JULIE 115.35 81.04 34.31 05/30/2003 40.00 - 5.0662.2 CRANE, JACK 88.63 88.60 .03 06/11/2003 67.00 - 69.0100.1 CROSSMAN, DEBBIE & WARREI 133.94 86.68 47.26 06/13/2003 45.29 - 2.4330.1 DANNENHAUER,CHARLES 82.86 82.66 .20 07/01/2003 30.35 - 50.4574.3 DAROSA, JOE 85.67 80.38 5.29 07/07/2003 30.00 - 4.0918.2 DAVISSON, MARK 57.82 26.59 31.23 04/28/2003 31.23 - 2.0904.1 DECHAMBEAU, JOHN 95.07 66.32 28.75 05/08/2003 56.52 - 1.0930.2 DENNEN, JEVON & HEATHER 153.84 95.74 39.05 19.05 06/16/2003 50.00 - 2.1610.1 DESILET, DENICE 134.10 122.52 11.58 06/1212003 70.00 - 50.0598.2 DEVIN SORENSEN 233.73 199.92 33.81 05/20/2003 29.89 - 22.0978.1 DILLON, RANDY J. 100.73 99.74 .99 07/08/2003 41.53 - 51.0284.2 DOAN, TRUNG 119.09 85.60 33.49 05/08/2003 31.53 - 51.0280.2 DOAN, TRUNG 115.83 77.44 38.39 04/18/2003 40.03 - 51.0282.2 DOAN, TRUNG 53.39 34.94 18.45 05/08/2003 17.47 - 33.2608.2 DONLEY, LOREN 104.39 70.90 33.49 06(18/2003 32.51 - 42.1200.1 DOOLEY, DAVID & LESLIE 211.29 112.80 98.49 OS/28/2003 39.73 - 74.1062.1 DOTY, PAULINE & RON 142.35 103.72 38.63 06/18/2003 41.57 - 42.2272.2 DRANSFIELD, ROBERT 110.97 109.14 1.83 06/19/2003 40.00 - 32.1762.2 DRURY, GARY 76.55 76.54 .01 07/01/2003 37.77 - 2.6970.1 DUlHANTY, TAMARA 225.35 153.56 71.79 OS/23/2003 85.00 - 31.0834.1 DUMONT JR., TED 263.86 189.28 74.58 06/20/2003 61.00 - 14.5004.2 DUNCAN, JEFF & MONIQUE 182.47 36.11 146.36 01/17/2003 40.00 - 34.2802.1 DUNSTAN, BRETT & MICHELLE 134.40 98.42 35.98 06/12/2003 31.07 - .00 in Msg column indicates no Notice is to be sent ( /<"~< CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Jul 22, 2003 02:57pm Current Period: 07/31/2003 No Delinquent Minimum AmountDeUnquent Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 05/31/2003 04/30/2003 03/31/2003 Date Amount 25.1060.3 DUNSWORTH, BRAD & JODI 141.32 96.16 45.16 06/16/2003 50.00 - 21.1972.2 EAGY. MICHAEL 90.78 61.50 29.28 05/06/2003 61,48 - 42.2598.2 EASTBURN,GARY 206.48 151.70 54.78 06/20/2003 53.79 - 74.3784.1 EBBERS, MARIE 83.42 56.92 26.50 OS/20/2003 41.34 - 48.1858.2 ECONO LUBE N' TUNE INC #305 222.91 148.66 74.25 06/20/2003 48.01 - 6.9030.1 EDENBROOK INC 30.59 16.08 7.55 3,48 3.48 74.3678.2 EDWARDS, DEARL W 114.32 76.54 37.78 06/17(2003 37.77 - 50.1240.4 ERHART, MILT 7.88 7.88 50.1354.4 ESTATE OF BESSIE MATCHAM 201 .39 127.14 74.25 07/15/2003 30.00 - 2.0320.1 ESTEP. NINA 80.62 80.04 .58 06/20/2003 30.00 - 32.1156.1 FARBER. BRIAN & KIMBER 135.47 130.70 4.77 07/17/2003 40.00 - 1.3660.1 FARRAND, SHELLlE 156.87 105.56 51.31 05/13/2003 50.33 - 1.3670.1 FARRAND, SHELLlE 84.29 53.58 30.71 05/13/2003 27.77 - 74.0104.1 FERGUISON. RANDALL C 199.47 157.48 41.99 06/09/2003 38.07 - 74.3190.3 FISHCHER, DONALD & LAURA 123.03 83.00 40.03 05/15/2003 38.07 - 2.0740.1 FISK, PATRICK 243.17 167.34 75.83 06/18/2003 70.93 - 6.9052.2 FLEISCHER, MARK 109,45 69.70 39.75 52.0150.1 FORS, GARY 82.81 56.84 25.97 05/06(2003 7.74 - 22.2624,4 FOURIE, JEROME & KATL YNE 150.63 60.12 28.59 31.53 30.39 04/22f2003 59.18 - 15.0010.2 FOWLER, ROBERT & KERRl 172.76 95.50 77.26 06(17/2003 48.23 - 74.0702.1 FRANK, GARY 62.18 62.08 .10 06/24/2003 30.55 - 74.0708.1 FRANK, GARY E 134.29 97.04 37.25 06/12f2003 38.23 - 1.1200.2 FRED SCHIMPH 210.29 154.24 56.05 06/16/2003 52.49 - 2.4010.3 FRED SCHIMPH 177.03 141.54 35,49 04108/2003 172.29 - 51.3078.3 FREEMAN, NICOLE 55.30 54.14 1.16 07/21 (2003 52.00 - 50.3754.1 FRENCH, LAWRENCE 233.02 222.18 10.84 07107/2003 100.00 - 10.2122.1 G Q CONSTRUCTION 42.88 35.92 3.48 3.48 10.2118.1 G Q CONSTRUCTION 42.88 35.92 3.48 3.48 10.2168.1 G Q CONSTRUCTION 44.84 35.92 5.44 3,48 10.2166.1 G.Q CONSTRUCTION INC. 42.88 35.92 3.48 3,48 25.4530.2 GALITZ. KURT & JEANINE 123.93 94.78 29.15 06/13/2003 66.61 - 22.2632.2 GALLEGOS, ERIK 77.04 73.52 3.52 OS/20/2003 37.00 - 50.4518.5 GAMBLIN, MIKE 110.75 82.98 27.77 06(19/2003 49.99 - 34.1188.1 GARDNER, WILLIAM 108.02 77.44 30.58 04(29/2003 68.78 - 21.0234.3 GARRETT, DAMON 273.82 203.08 62.83 7.91 06/18/2003 50.00 - 15.0644.2 GARVALDON, RONALD 109.79 72.54 37.25 06/16/2003 35.29 - 21.2218.1 GARVIN, MATTHEW & DIANE 87.90 84.96 2.94 07/08/2003 41.01 - 46.0188.2 GATES, JOHN 127.64 66.40 61.24 OS/21/2003 61.48 - 1.0450.6 GATES, TERESA 47.01 46.62 .39 05(30(2003 45.00 - 74.3078.2 GENTSCH,NOREEN 93.09 65.98 27.11 05(15(2003 58.95 - 31.3534.1 GERHIG, CHARLES & PATTI 104.44 79.08 25.36 06(16(2003 50.00 - 15.0278.2 GLENN JOHNSON HOMES 166.38 93.86 72.52 06(24/2003 40.55 - 33.2388.1 GLUCH, SCOTT 112.06 56.52 28.75 26.79 05/19/2003 53.74 - 3.0844.1 GODFREY, SHELLI 130.50 87.98 42.52 06/17/2003 32.24 - 21.0106.1 GOODIN, JASON 140.63 139.64 .99 06/26/2003 67.85 - 1.2090.1 GOSSEN, KELLI 114.04 89.86 24.18 06/17/2003 50.00 - 32.4824.1 GQ CONSTRUCTION 125,45 68.70 17,47 17.47 21.81 19.7368.2 GRANBY, JOHN 99.60 68.36 31.24 06(11/2003 31.23 - 2.2110.3 GRIFFETH, JEFF 163.71 151.62 12.09 06(24J2003 12.09 - 31.0158.1 GRIFFIN, RICHARD & GAIL 143.13 97.38 45.75 06J20/2003 43.79 - 2.1350.1 GROSSO, BJ 125.04 83.10 20.97 20.97 04J18/2003 17.05 - 3.0034.1 GROUND, JENNIFER 146.28 78.50 67.78 05J21J2003 69.98 - 21.0462.3 GUNNARSON. HOWARD & RUn 259.37 133.42 58.83 57.85 9.27 07101J2003 50.00 - 32.0894.2 HAHN,ROB 135.29 93,46 41.83 OS/20/2003 37.91 - 4.1296.3 HALES. SCOTT & AMANDA 180.41 120.60 59.81 06/12f2003 57.85 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Jul 22, 2003 02:58pm Current Period: 07J31/2003 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05J3112003 04J30J2003 03/31/2003 Date Amount 15.0029.2 HALL, JOHN & CAROLYN 95.53 88.96 6.57 07/21/2003 35.00 - 22.0924.1 HALL, KEVIN 194.11 139.60 53.14 1.37 06/04/2003 40.00 - 32.1754.1 HALL, PATRICK 132.48 127.74 4.74 07101J2003 35,45 - 33.2338.1 HAMILTON, TRACEY 118.86 62.15 56.71 06/17 J2003 59.65 - 4.1790.3 HAMMER, MARCIE 137.58 132.74 4.84 07/21J2003 75.00 - 31.3378.3 HANCOCK, ROBERT 93.59 65.66 27.93 05/27 J2003 49.00 - 21.2074.3 HANFT,ROBERT 153.58 94.78 43.47 15.33 05/13J2003 67.35 - 74.2662.1 HANSEN, DAVID 193.59 153.56 40.03 06f04J2003 40.03 - 33,4274.1 HANSEN, ERIK 186.26 80.33 105.93 02f18/2003 48.00 - 74.3240.2 HANSEN, WADE 115.65 83.08 32.57 07J21/2003 30.00 - 33.2368.2 HARNECK, KARl 112.73 75,48 37.25 06/16/2003 35.29 - 21.1904.1 HATCHER. LAVONNE 97.13 97.12 .01 07/09/2003 37.77 - 21.0480.1 HAYES, LOREN 135.89 86.02 49.87 06/16f2003 40.00 - 31.0828.4 HELTON, DEWEY & LISA 174.04 137.11 36.93 35.0047.2 HERSLEY, SCOTT 80.38 78.42 1.96 07/01/2003 35.29 - 5.0220.1 HESSING, WILLIAM 260.76 237.94 22.82 06/16/2003 100.00 - 50.0592.2 HIEB, JOHNN 87.23 58.48 28.75 06/09/2003 28.75 - 51.3580.1 HIGGINBOTHAM. RON 235.85 151.28 84.57 06/12/2003 45.75 - 9.9014.1 HIGH DESERT CONSTRUCTION 66.40 57.48 5.44 3.48 37.3644.1 HIGH DESERT CONSTRUCTION 68.25 34.94 21.23 12.08 02/10/2003 52.41 - 34.1870.2 HILL, RONIE & CARLA 217.74 161.82 55.92 06f19/2003 49.05 - 21.3280.1 HILLMAN, ALLEN 161.84 125.86 35.98 06f17/2003 34.01 - 6.1004.2 HINES, JAKE 94.25 62.18 32.07 06f04/2003 29.13 - 5.0722.1 HOLLEY, DAVID 367.69 259.10 108.59 06/18/2003 61.93 - 33.4346.1 HOLLOWAY, PAIGE 230.59 202.62 27.97 06/17/2003 30.00 - 21.1928.2 HOLMES. MICHAEL & LAURIE 193.11 143.44 49.67 32.0482.1 HORTON, EVERETT 254.80 224.14 30.66 07/21 f2003 40.00 - 33.4350.2 HOWARD, CHARLES & LACEY 138.54 136.58 1.96 07108f2003 42.81 - 69.1276.2 HOWARD, DONALD & CAROLYN 148.48 125.86 22.62 07/01 f2003 50.00 - 1.0420.1 HOWARD, TREVIS 147.02 58.72 59.36 28.94 05/21f2003 122.00 - 32.0666.3 HOWELL, CHRIS & APRIL 157.92 121.94 35.98 05/01 f2003 73.74 - 50.0554.2 HUD/GOLDENFEATHER REAL n 148.43 148.43 06/26f2002 65.00 - 42.2358.2 HUDIGOLDEN FEATHER REAL n 183.22 81.62 25.81 75.79 42.1860.3 HUFFAKER,ROBERT 179.99 164.42 15.57 06f16f2003 60.00 - 21.1960.1 HUMPHREYS, LARRY 200.68 154.24 46.44 06f25f2003 79.37 - 50.1708.2 HUNT, STEVE 87.37 49.30 38.07 06f03/2003 37.09 - 51.0510,4 HUNT, WESLEY 76.10 74.82 1.28 07f01J2003 35.00 - 15.0048.3 HUNTER, PAUL 147.62 100.00 47.62 06f17 J2003 45.00 - 50.1221.1 JACK IN THE BOX #6010 793,46 655.72 137.74 01f17J2003 3.48 - 33.2760.3 JACKCI, JEANETTE & JENNIFER 118.61 80.38 38.23 06f13/2003 53.52 - 23.3012.2 JAEGER,KEVIN & CLAY, TINA 95.57 63.06 32.51 06f23J2003 31.53 - 31.0516.1 JARRETT, SHARON 58.29 40.82 17.47 06f17 J2003 17.47 - 25.0024.1 JEFF MANSHIP 34.89 29.45 5.44 21.2830.1 JESSEE, KEVIN 109.17 80.06 29.11 06f20J2003 45.00 - 14.5043.2 JESTTES, JESSE 118.37 79.24 39.13 06f27 J2003 42.05 - 9.9074.1 JOHN FLAHERTY CONSTRUCTlI 42.88 34.94 4.46 3.48 20.0430.1 JOHN J VNUK 103.76 56.71 20.25 20.25 6.55 06f13J2003 20.25 - 88.0028.1 JOHNS PLUMBING & HEATING 624.78 134.00 204.35 286,43 05f14J2003 368.51 - 50.0326.1 JOHNSON, JEANNE & DALLAS 134.81 91.18 43.63 06f16/2003 43.14 - 7.0886.3 JOHNSON. ROGER & HOLLY 120.20 81,44 38.76 05f20J2003 73.74. 21.0096.1 JOHNSON. TIMOTHY 79.76 78.50 1.26 06/03/2003 76.25 - 14.5008.2 JONES, KARLA 192.48 119.30 43.18 30.00 04J29/2003 66.22 - 4.1138.2 JONES, NATHAN & SARAH 123.14 83,40 39.74 06/17/2003 41.69 - 50.2122.2 JONES, WES & CINDY 125.49 87.58 37.91 33.3572.1 JORDAN,KATHY 191.74 142.50 49.24 06/19/2003 76.00 - ... in Msg column Indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Ju122, 2003 02:58pm Current Period: 07/31/2003 No Delinquent Minimum AmountDelinquent Balance last Pmt last Pmt Cust No Name Balance Non-Delinq 05/31/2003 04/30/2003 03f31/2003 Date Amount 32.0522.2 JUHASZ, DON C. 224.14 130.42 93.72 06/17/2003 65.00 - 4.0530.3 KALEY, JERRY 99.23 96.80 2.43 06/17/2003 45.95. 50.4638.1 KEENE, JAMES 201.92 198.00 3.92 06/16/2003 100.00 - 2.5080.2 KEENEY, DOLAN 179.04 125.24 53.80 06/16/2003 46.18 - 42.1810.2 KESTER,ROBERT 82.20 81.44 .76 07/21/2003 38.00 - 2.0426.2 KilMARTIN, E. JAMES & CAROL 209.50 123.26 86.24 OS/21/2003 105.54 - 21.1788.1 KINGMIXAY, SENGKEO 149.11 147.14 1.97 07/01/2003 62.29 - 3.0024.1 KINNEY, KIMIKO 149.33 111.82 37.51 06/17/2003 40.00 - 49.1121.1 KMY PROPERTIES, llC 242.70 221.58 21.12 01/21/2003 3.48- 19.6642.1 KRENZ,ROY 183.07 76.54 37.78 68.75 OS/2212003 65.98 - 74.2966.1 KUNARD,LARRY 98.51 66.98 31.53 05/08/2003 15.77 - 35.0144.3 lAMASTERS,TERRENCE 81.75 75.48 6.27 07 f09/2003 30.00 - 3.0654.1 LAMBERT, KENNETH 134.97 61.08 31.07 42.82 02/13/2003 31.23 - 34.0784.1 LARA, RAFAEL 199.97 144.42 55.55 06/16/2003 40.39 - 21.1970.2 lAURENCE, PATRICK & ROBIN 138.80 121.64 17.16 06/20/2003 75.00 - 46.0108.1 lAWRENCE, WENDEll & KATHI 133.54 69.68 63.86 OS/21/2003 81.80 - 50.0600.2 LAYTON, JONATHON & FELlCIT 98.85 93.44 5.41 07/10/2003 60.00 - 43.0370.2 lEMAR, RICK & MELISSA 139.82 93.54 46.28 OS/29/2003 97.28 - 19.7478.1 lESLlE CONSTRUCTION 24.43 20.95 3.48 50.2130.1 LIKES, JENNIFER 125.97 85.94 40.03 06/16/2003 39.05 - 22.0846.2 L1NDSEY,HERBERT 242.26 182.74 59.52 06/13/2003 57.55 - 32.0602.1 lOllEY, JUDITH 188.31 152.98 35.33 06/17/2003 64.34 - 50.4280.2 LOPEZ. RAY 166.46 148.42 18.04 07/16/2003 40.00 - 33.2706.1 lOVELAND, JEREMY 113.69 84.94 28.75 06/17f2003 30.71 - 51.3086.6 lOVITT, MICHAEL 167.70 65.90 35.90 65.90 04/25f2003 66.02 - 50.0140.1 lYNN, DEE R. 207.35 156.20 51.15 OS/28f2003 109.45 - 33.2340.3 lYON, CHRIS & TAMMY 110.79 80.70 30:09 07/22/2003 60.00 - 20.1316.2 MAHANEY, TOM & PATTI 218.32 141.30 77.02 OS/28/2003 78.97 - 21.1760.1 MARKLE, JAMES 108.42 34.15 74.27 02113/2003 47.55 - 74.0394.1 MARKS, CARMEN 9.30 9.30 07f21/2003 34.82 - 35.1046.2 MARSHAll, GARY & BaBETTE 1 00.Q7 97.46 2.61 07f21/2003 42.00 - 50.2176.1 MARTIN. JASON 171.47 101.96 69.51 06f27/2003 46.57 - 21.2820.3 MARTINA. DAVID 124.99 85.94 39.05 05f1212003 75.32 - 35.1170.2 MARTINEZ, lUIS & VERONICA 89.07 86.02 3.05 07f01/2003 44.48 - 3.0306.5 MARTINEZ, MARIA 77.91 53.90 24.01 05f29/2003 48.02 - 64.0020.2 MARTINEZ, RON 109.45 100.90 8.55 06/26/2003 55.00 - 14.5044.2 MAST, JOHN 59.38 39.92 19.46 06/11/2003 20.00 - 22.1068.2 MAUPIN, SHEllY D 190.73 151.20 39.53 06/26/2003 30.71 - 33.2266.1 MCBRIDE, KEVIN 65.32 6.42 58.90 06/09/2003 25.00 - 43.0020.2 MCBRIDE, MITCHEll 138.36 88.32 50.04 OS/20/2003 50.03 - 69.2258.4 MCCANDLESS. DOUG 95.43 90.26 5.17 07/09/2003 60.00 - 74.2826.2 MCCASHLAND. DAVID 132.80 132.74 .06 06/27/2003 48.24 - 31.3474.1 MCDONALD, SHAWN 42.04 37.25 4.79 06/18/2003 100.00 - 31.0814.2 MCDOUGAL, MIKE 115.15 89.18 25.97 05/09/2003 75.95 - 69.0106.1 MCGOFF, WENDY 121 .29 80.46 40.83 OS/21/2003 137.00 - 51.3246.1 MCKAGUE, RICK 111.41 91.26 20.15 07/21/2003 50.00 - 74.1104.9 MCKINLEY, JUNE 133.56 98.02 35.54 06/13/2003 37.00 - 21.1158.3 MCKINLEY, JUNE 173.51 132.66 40.85 2.6270.5 MCKINLEY, JUNE 261.76 164.76 97.00 06/17f2003 53.00 - 7.9004.1 MEDICAL ARTS CHARTER HIGH 48.97 41.42 7.55 35.0408.2 MENDIOLA, GREG & CYNTHIA 95.26 76.46 18.80 07/01f2003 36.27 - 33.2538.1 MENDOZA. GEORGE & ELlZABE 328.14 289.14 39.00 06/06/2003 50.00 - 31.3304.2 MERCER, APRil 153.63 153.63 02111/2003 71.00 - 43.0428.2 MERTES, JEFFREY P. 153.77 89.54 64.23 OS/20/2003 20.41 - 19.1708.2 MICHAS, JAMES 182.46 125.56 56.90 06/16/2003 51.01 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Jul 22, 2003 02:59pm Current Period: 07/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/31/2003 04/30/2003 03/31/2003 Date Amount 2.2631.1 MIDTOWN SQUARE HOME ASS( 675.86 560.66 115.20 01/27/2003 125.54 - 33.0056.1 MIKE CARDINAL 579.16 579.16 10/24/2001 322.22 - 20.1696.1 MILLER & ASSOC 227.69 151.60 39.05 37.04 06/25/2003 50.00 - 69.1278.1 MILLER, T C 135.10 104.34 30.76 06/19/2003 100.00 - 43.0014.2 MILLHOLLlN, JEFF & SARAH 136.64 127.80 10.84 06/12/2003 60.00 - 1.2420.1 MIRONOV, BARBARA & OLEG 141.19 135.30 5.89 07/01/2003 50.00 - 2.5040.1 MITCHELL, BARRY D 253.08 176.56 76.52 06/09/2003 67.69 - 51.0374.1 MOE'S INC 378.16 227.58 150.56 05/23/2003 135.31 - 74.3300.1 MOORE, DONALD L. 71.97 70.98 .99 07/21/2003 34.01 - 46.0222.1 MOORE, KEVIN & LISA 207.83 201.22 6.61 06/17/2003 100.00 - 2.4400.2 MORGAN, FRANK 125.48 123.52 1.96 06/23/2003 47.55 - 3.0889.1 MORNING GLORY #2 HOA 10.44 10.44 47.0006.1 MORRISON, RUSSELL 132.94 89.28 43.66 05/19/2003 82.40 - 1.0762.1 MORTENSEN, KENT 109.64 56.94 30.11 22.59 19.6506.2 MUSICK, LYLE 86.05 86.02 .03 06/11/2003 85.00 - 1.3691.1 NAPA S & E AUTO PARTS 78.06 61.84 16.22 01/27/2003 3.48- 69.2302.1 NEAL, KEVIN & MICHELLE 92.90 92.88 .02 07/17/2003 41 .52 - 8.0140.1 NIELSEN, KIRT 110.14 110.12 .02 06/24/2003 87.66 - 51.0390.1 NORA, LLC 55.69 55.68 .01 06/20/2003 29.22 - 72.0248.1 NOYES DESIGN & CONSTRUCTI 72.63 72.62 .01 06/13/2003 36.79 - 51.0936.2 NUTTAL, KYE & SUZANNA 126.57 67.70 29.44 29.43 04/22/2003 86.17 - 2.5370.1 ODOM,SHERRY 119.07 86.24 32.83 06/25/2003 25.97 - 13.8816.2 OLIVER, SHELLl 155.00 113.46 41.54 06/02/2003 84.04 - 32.4954.1 ONEIL HOMES 137.20 97.38 35.00 4.82 07/01/2003 60.00 - 69.1298.2 OSTLUND, HAROLD 139.69 101.62 38.07 05/14/2003 69.60 - 3.0370.1 O'TOOLE, SHARON 160.26 160.24 .02 06/13/2003 72.26- 22.0454.1 P. JANSSON, JANIE 195.78 165.78 '30.00 06/20/2003 144.21 - 34.2728.3 PALMER, TROY & TAWNEE 176.92 125.48 48.53 2.91 06/02/2003 70.00 - 55.0999.1 PARKWAY PLAZA 748.38 642.98 105.40 06/18/2003 125.98 - 46.0876.1 PARSONS,MATT 126.32 126.30 .02 06/24/2003 57.25 - 65.0346.3 PEDERSEN, DOUGLAS & KATHf 76.50 76.46 .04 06/26/2003 39.01 - 51.1136.2 PEDERSON, THOMAS & JOANNI 82.01 55.00 27.01 33.2710.2 PEEL, RICHARD 140.19 95.42 44.77 06/12/2003 45.75 - 35.0101.2 PETRAIN, JAMES 146.80 30.00 28.59 60.55 27.66 02/12/2003 32.45 - 32.0690.2 PETTERSON,KENNETH 159.09 156.46 2.63 07/18/2003 41.00 - 1.3130.2 PHILIPS, ROY 220.20 165.42 54.78 06f16/2003 50.33 - 15.0036.2 PIERCE, CHUCK SR. & MARY 131.52 126.64 4.88 07 f14/2003 62.83 - 21.1086.2 PITCHER, MIKE& CHRISTA 236.17 184.36 51.81 06/24/2003 53.00 - 48.2840.1 PLEASANT VALLEY 914.95 16.08 7.55 284.31 607.01 07/22/2003 45.30 - 32.1676.4 PONATH, HOLLY 173.36 164.02 9.36 05/12/2003 85.08 - 46.0824.2 POTTER, GWEN DOL YN C/O 90.66 87.64 3.02 06/23/2003 65.24 - 50.2402.1 POWELL, RANDY 184.33 124.52 59.81 07/01/2003 60.79 - 32.2065.1 PRESBYERY OF BOISE 130.00 126.52 3.48 01/21 f2003 3.48- 10.0068.2 PRIESS, JENNIFER 150.18 100.08 50.04 .06 06/17/2003 49.05 - 74.3418.2 PRINDLE, SHELLY 174.60 131.10 43.50 06/12/2003 42.68 - 4.2248.2 PUCKETT, RUSSELL 205.38 202.98 2.40 07f08/2003 60.00 - 1.0100.2 PYLlCAN, WOODROW A. 131.29 61.37 31.37 38.55 02/18/2003 45.26 - 21.1658.1 R & M HOMES 334.61 279.40 55.21 06f19/2003 67.00 - 52.0302.1 R T NAHAS FURNITURE STORE 114.15 80.84 33.31 06/09/2003 15.40 - 32.0101.1 R W UTTERBECK CONSTRUCT!> 348.54 296.06 52.48 05/14/2003 33.86 - 52.1006.2 RAFANELLI & NAHAS 89.63 60.08 29.55 OS/28f2003 27.27 - 52.1002.2 RAFANELLI & NAHAS 89.63 60.08 29.55 05/28f2003 32.03 - 16.3001.1 RATCLIFFE INVESTMENTS 20.88 20.88 31.3454.2 REf MAX OF BOISE 18.24 17.47 .77 06f19/2003 211.00 - 33.2374.3 REBOLLOZO, JOSE & DALILA 107.02 90.52 16.50 07/07/2003 50.00 - ... In Msg column Indicates no Notice Is to be sent ,. ( CITY OF MERIDIAN Delinquent Account List. council Page: 7 Standard Payment Customers Jul 22, 2003 02:59pm Current Period: 07J31/2003 No Delinquent Minimum AmountDeJinquent Balance Last Pm! Last pmt Cust No Name Balance Non-Delinq 05/31J2003 04/30/2003 03/31/2003 Date Amount 31.3390.2 REIF, JANELLE & HULL, JASON 102.61 102.60 .01 06/24/2003 23.15 - 37.2954.2 REPACI, RANDALL & LYNETTE 84.73 84.72 .01 OS/23/2003 44.31 - 42.2620.1 REYNOLDS, PATRICK T 109.54 83.08 26.46 06/1212003 55.00 - 4.0518.1 RICHTER, PATRICIA 74.90 73.92 .98 06/18/2003 35.00 - 1.4100.5 RINCOVER, LAWRENCE 170.21 101.30 45.75 23.16 05/19/2003 100.00 - 22.2072.2 ROBERTS, CATHERIN 17.75 17.75 11/21/2002 53.25 - 51.3300.1 ROBERTS, DAVID 88.79 79.06 9.73 06/09/2003 48.75 - 15.0118.2 ROBISON, DAVID 111.83 54.88 56.95 06/11J2003 66.47 - 51.0866.1 ROHRBACH, CHERYL 133.67 89.20 36.27 8.20 05/14J2003 30.00 - 34.1946.4 ROSIN, DOUGLAS & KIMBERLY 207.41 173.10 34.31 06/26J2003 64.04 - 74.2708.5 ROSS,EUGENE 126.95 85.94 41.01 06/17/2003 63.61 - 47.0074.2 RUMSEY, PHILIP & JENNIFER 113.71 76.46 37.25 06/18/2003 67.25 - 22.1546.2 RYAN MEISTER 111.35 106.60 4.75 06/11/2003 43.49- 88.0035.1 SCARISBRICK DENTAL LAB 25.00 25.00 22.1386.1 SCHAEFFER,MICHAEL 226.82 173.58 53.24 06/03/2003 98.00 - 21.0224.1 SCHAFFER, RYAN 80.20 79.48 .72 06/23f2003 40.00 - 31.3266.3 SCHLITT, GARY 133.33 88.56 44.77 06106J2003 63.56 - 32.1642.1 SCHMIT, JAMES 122.14 80.06 41.01 1.07 05f19/2003 60.00 - 42.3050.1 SCHOLZ, LESLIE 142.47 98.10 44.37 06/18/2003 38.75 - 21.1870.1 SCHOPPELREY, DOUGLAS & CJ 167.20 162.14 5.06 07/14/2003 47.26 - 37.3846.1 SCHROEDER ENT INC 63.29 34.94 18.45 5.44 4.46 32.0622.4 SCHUSTER, BILL & LESLIE 108.03 87.00 21.03 07/14/2003 68.00 - 31 .3334.1 SCHUSTER,DELBERT 123.52 116.72 6.80 07/07/2003 30.00 - 15.0146.2 SCOTT, MICHAEL & CAROLYN 91.45 66.98 24.47 06/13/2003 40.02 - 4.2294.3 SCOTT, STEVEN & LORI 279.06 207.60 71.46 06f13f2003 72.92 - 10.0022.2 SEASTONE,RENEE 76.87 75.88 .99 05f14J2003 35.97 - 3.0677.1 SECO ASSOCIATES INC 18.82 18.82 09f18/2002 14.12 - 33.3718.2 SEIFERT, JENNIFER 134.90 97.12 37.78 05/1212003 38.75 - 2.2360.2 SEINKNECHT, DAVID 159.01 61.37 33.33 64.31 04/28/2003 76.30 - 14.9036.1 SEVERSON,MYRON 57.04 52.58 4.46 05/30/2003 3.48- 30.6114.1 SHADOW MOUNTAIN HOMES 41.15 37.88 3.27 07/2212003 3.69 - 42.3008.1 SHELLY, STEVEN 124.96 116.06 8.90 OS/20/2003 100.00 - 42.2526.1 SHELTRON, ROGER 189.80 128.82 60.98 06/20/2003 45.29 - 3.0292.1 SHURTZ, ROD 319.24 234.06 85.18 06/19f2003 83.21 - 31.3236.2 SINCLAIR, KEN 155.87 110.12 45.75 05f19f2003 83.82 - 31.0778.1 SIRANI, JOSEPH A 158.29 157.84 .45 06f13J2003 119.17 - 2.0380.1 SKIVER, WAYNE D 102.67 101.78 .89 07/14/2003 50.00 - 22.0208.1 SLUDER,DAYNA 75.98 75.96 .02 06/04/2003 74.94 - 74.1114.2 SLYTER, GORDON 142.91 96.08 45.59 1.24 07/15/2003 20.00 - 74.1050.1 SMITH, CARSON 114.67 85.92 28.75 06/09/2003 28.75 - 74.3512.2 SMITH, JOEL 116.07 81.76 34.31 05/08f2003 69.00 - 31.0134.1 SMITH, MICHELLE 54.20 53.22 .98 07/0212003 39.05 - 14.5007.2 SNODGRASS, JAMES & JANET 120.17 59.46 60.71 OS/21/2003 96.71 - 7.0914.1 SOLANO, MOBBYL YN 113.34 75.56 37.78 05f19f2003 73.74 - 32.1576.1 SON, DAVID & SHELLIE 64.67 43.44 21.23 06f1212003 41.92 - 33.2646.1 SONDERMAN, MARTIN 128.00 41.40 42.81 43.79 04108/2003 83.23 - 69.1640.2 SPENCER, SHIRLEY 69.03 69.02 .01 05f27/2003 68.02 - 4.7001.1 ST ALPHONSUS 1,981.22 1,532.82 448.40 06/20/2003 515.04 - 40.0016.2 STALEY, HOLLY 158.67 92.48 66.19 06/04/2003 24.33 - 74.0686.2 STEARNS, JOHN 70,48 61.74 8.74 10/01/2002 200.00 - 21.0012.1 STEIDER, CHRIS 156.07 115.44 40.63 07/18/2003 40.00 - 31.1002.2 STETSON HOMES INC 193.09 157.80 35.29 06/11/2003 35.29 - 20.1688.3 STOLZ, DONALD 125.73 92.86 32.87 06/20/2003 75.00 - 69.0186.1 STRAWN, CHRISTOPHER 99.28 74.05 25.23 05f19f2003 70.07 - 25.1020.2 STRAWN, JOEL & MARGOT ANt- 78.02 51.36 26.66 06f16f2003 50.66 - ... In Msg colu mn indicates no Notice is to be sent ./ ( CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Jul 22, 2003 03:00pm Current Period: 07/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Dellnq 05/31/2003 04/30/2003 03/31/2003 Date Amount 15.0130.2 STRONG, DOUG & CAROL 105.00 70.00 35.00 05/14/2003 34.99 - 31.1060.1 STRONG,EARNEST 138.32 103.32 35.00 05/16/2003 34.01 - 21.2922.3 STUART, DEAN & DIANE 267.84 183.06 84.78 06/17/2003 82.81 - 1.2320.1 SUMMERS, STACEY 146.71 103.98 42.68 .05 05/28/2003 38.75 - 25.4526.1 SUNDIN, MIKE 84.96 81.04 3.92 06/16/2003 40.03 - 13.8462.4 SUNRISE ESTATES C/O 89.52 77.52 12.00 07/07/2003 25.78 - 69.0484.6 TADEVIC, TOM 214.84 144.86 69.98 06/13/2003 66.05 - 1.3250.1 TAYLOR, DENNIS F 149.33 68.47 39.45 41.41 04/04/2003 67.94 - 50.1020.1 TECOINVESTMENTS 146.94 104.24 42.70 06/16/2003 45.00 - 72.0174.3 TENNANT, BARBARA 90.63 69.24 21.39 05/19/2003 21.39 - 14.5003.2 TENNEY,STEVEN 118.72 81.76 36.96 06/04/2003 34.99 - 3.9837.2 TERRACE PLAZA L.L.C. 113.34 88.30 25.04 05/16/2003 3.92 - 4.1400.1 THIES, GREGORY 81.42 81.42 12/03/2002 59.17 - 7.0776.2 THOMASON, JEFFRERY 123.31 113.16 10.15 07/01/2003 50.03 - 32.1558.4 THOMPSON,GARY 101.32 99.68 1.64 07/21/2003 50.00 - 22.1098.1 THORMAHLEN.SHANNON 185.41 176.12 9.29 06/09/2003 100.00 - 21.2768.2 THURBER, RICHARD 201.56 156.26 45.30 06/20/2003 45.29 - 19.0538.1 TIETJEN, JILL 51.70 35.92 8.38 7.40 2.4062.4 TIMBERLINE INVESTMENTS 223.47 67.62 39.57 116.28 03/19/2003 40.00 - 35.7838.1 TREASURE VALLEY PEDIATRIC 42.59 35.04 7.55 06/17/2003 11.31 - 35.3032.1 TRINITY HOMES 26.12 22.64 3.48 04/22/2003 20.00 - 35.3028.1 TRINITY HOMES 266.4 7 158.84 107.63 05/21/2003 121.34 - 74.2488.2 TRUITT, CHARLES & VIRGINIA 151.53 129.D4 22.49 05/20/2003 28.75 - 25.4026.1 TUSCANY HOMES 109.48 109.48 13.2072.1 TUTTLE, TAMI 169.32 94.84 74.48 OS/27/2003 88.78 - 21.1174.1 TWADDLE, DAVID 189.32 139.26 50.04 05/19/2003 92.54 - 68.0092.1 URANGA, ANTONIO 119.11 77.12 41.99 05108/2003 40.03 - 9.0199.1 VALLEY PROPERTY MGMT 1,319.38 632.30 687.08 05/12/2003 754.70 - 21.1032.1 VELADA. FEDERICO 140.78 102.02 38.76 05/30/2003 37.51 - 21.0060.1 VINCENT, SPARKY 472.33 159.50 101.72 101.71 109.40 05/19/2003 75.00 - 2.4550.1 . VINCENT, TOMMY 135.29 90.52 44.77 06/16/2003 43.79 - 51.3094.2 VNUK, JOHN 95.37 82.92 12.45 06/16/2003 84.02 - 50.3742.2 VNUK, JOHN 271.50 214.02 57.48 07/21/2003 45.00 - 35.5017.2 WAGEMAN, CLINT 112.10 95.74 16.36 06/24/2003 66.99 - 31.0862.2 WALKER, BRYCE 129.52 87.00 42.52 OS/23/2003 42.51 - 1.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29.17 - 47.1230.2 WALTHALL, EUGENE & JEANET 128.54 86.02 42.52 06/09/2003 45.45 - 47.1118.2 WAL THALLL, GENE & JEANETTE 77.52 51.68 25.84 06/09/2003 19.43 - 31.3388.1 WATSON, COREY S 175.57 126.78 48.79 07/21/2003 25.00 - 42.0462.4 WEBB, HENRY & CHERRIE 130.92 126.56 4.36 07/21/2003 55.00 - 21.2712.5 WEBBENHORST. JED 120.30 101.36 18.94 07/21/2003 19.00 - 65.3116.1 WELLS, DARIN 82.33 53.58 27.77 .98 06/18/2003 27.77 - 1.1110.2 WEST, JONI 107.34 103.58 3.76 07/11/2003 38.07 - 1.1010.5 WEST, JONI & BERT 125.82 109.80 16.02 07/11/2003 42.81 - 22.0474.1 WEST, ROBERT A 192.39 175.88 16.51 07/11/2003 57.55 - 74.3122.1 WESTERBERG. STEVEN 139.82 93.54 46.28 06/11/2003 44.31 - 50.3690.1 WHIPPLE, JEFF 89.03 87.56 1.47 07/08/2003 33.00 - 74.3204.1 WHITE, TAWNYA 83.41 55.94 27.47 06/27/2003 28.46 - 74.3630.3 WHITTEKIEND, GERAD & ANGEl 108.39 75.86 32.51 05/22/2003 31.53 - 21.1590.1 WHITTEN, DAVID 139.56 139.26 .30 07/21/2003 74.70 - 52.0262.1 WILD SHAMROCK LLP 22.65 15.10 7.55 05/13/2003 517.67 - 32.0618.2 WILKERSON, JASON 132.83 91.82 41.01 06/20/2003 39.30 - 50.0568.2 WILKINSON, DAVID 73.87 73.84 .03 07/01/2003 33.46 - 2.2040.1 WILLIAMS. FRED 121.06 84.79 36.27 06/16/2003 35.29 - 46.0214.1 WILLIAMS, SHANE 177.00 120.94 56.06 06/24/2003 55.00 - ... in Msg column indicates no Notice is to be sent (-' i' / CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Jul 22, 2003 03:01 pm Current PerIod: 07/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt last Pmt Cust No Name Balance Non-Delinq 05/31/2003 04/30/2003 03/31/2003 Date Amount 50.2232.2 WINDER 107.83 71.56 36.27 05/13/2003 65.29 - 20.1952.2 WINFREY, SARA 106.04 93.46 12.58 07/16/2003 43.79 - 7.0880.2 WINKLER, GREG 95.57 78.10 17.47 06/20/2003 50.00. 25.1040.3 WOLDEGOBREAL, LULU 128.43 86.60 41.83 34.1506.2 WOODWARD, ROBERT 110.96 76.46 34.50 06/17/2003 70.00 - 1.1000.2 WRIGHT, BRANDON 93.59 68.60 24.99 05/19/2003 70.23 - 14.3610.2 WRIGHT, BRANDON 126.95 86.92 40.03 06/09/2003 66.82 - 3.0386.1 WRIGHT, LINDA 65.43 64.44 .99 OS/22/2003 31.23 - 35.1018.2 WRIGHT, RANDALL & KIRSTEN 79.39 70.58 8.81 04/02/2003 100.00 - 13.8458.2 YORK, RICHARD 73.12 65.10 8.02 06/12/2003 60.00 - 2.0670.1 YOUNG, AUSTIN L 107.78 81.20 26.58 06/26/2003 55.60 - Grand Totals: 67,376.21 46,569.66 14,879.59 2,371.40 3,555.56 Report CriterIa: Tenninated customers nol included Customer.Cust No = {<) 9900000 ... in Msg column indicates no Nollce is to be sent CITY OF MERIDIAN BUDGET HEARING PRESENTATION SCHEDULE FY 2004 BUDGET WLY 17,2003 8:00 - Council assemble, receive any additional materials 8:15 - 9:15 - Police 9:15 - 10:15 - Fire 10:15 -10:30 - Break 10:30 - 11 :30 - Parks 11 :30 - 12:30 - Lunch 12:30 - 1:00 - City Clerk 1:00 - 3:00 - Public Works JULY 18. 2003 8:00 - 8:30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN BUDGET HEARING.PRESENTATION SCHEDULE FY 2004 BUDGET JULY 17,2003 8:00 - Council assemble, receive any additional materials 8:15 - 9:15 - Poliee 9:15 -10:15 -Fire 10:15 - 10:30 - Break 10:30 - 11 :30 - Parks 11:30 - 12:30 - Lunch 12:30 - 1 :00 - City Clerk 1 :00 - 3:00 - Public Works JULY 18. 2003 8:00 - 8:30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN BUDGET HEARING PRESENTATION SCHEDULE FY 2004 BUDGET JULY 17.2003 8:00 - Council assemble, receive any additional materials 8:15 - 9:15 -Police 9:15 - 10:15 - Fire 10:15 - 10:30 - Break 10:30 - 11 :30 - Parks 11:30 -12:30 - Lunch 12:30 - 1 :00 - City Clerk 1:00 - 3:00 - Public Works JULY 18,2003 8:00 - 8:30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN BUDGET HEARING.PRESENTATION SCHEDULE FY 2004 BUDGET JULY 17,2003 8:00 - Council assemble, receive any additional materials 8:15 - 9:15 -Police 9:15 - 10:15 -Fire 10:15 - 10;30 - Break 10:30 - 11 :30 - Parks 11 :30 - 12:30 - Lunch 12:30 - 1:00 - City Clerk 1:00 - 3:00 - Public Works JULY 18,2003 8:00 - 8;30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN BUDGET HEARING-PRESENTATION SCHEDULE FY 2004 BUDGET JULY 17. 2003 8:00 - Council assemble, receive any additional materials 8:15 - 9:15 - Police 9:15 - 10:15 - Fire 10:15 - 10:30 - Break 10:30 - 11 :30 - Parks 11 :30 - 12:30 - Lunch 12:30 - 1 :00 - City Clerk 1:00 - 3:00 - Public Works JULY 18,2003 8:00 - 8:30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN BUDGET HEARING.PRESENT ATION SCHEDULE FY 2004 BUDGET JULY 17,2003 8:00 - Council assemble, receive any additional materials 8:15 - 9:15 - Police 9:15 - 10:15 - Fire 10:15 - 10:30 - Break 10:30 - 11 :30 - Parks 11 :30 - 12:30 - Lunch 12:30 -1:00 - City Clerk 1 :00 - 3:00 - Public Works JULY 18, 2003 8:00 - 8:30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN BUDGET HEARING"PRESENTATION SCHEDULE FY 2004 BUDGET JULY 17.2003 8:00 - Council assemble, receive any additional materials 8: 15 - 9:15 - Police 9:15 - 10:15 - Fire 10:15 - 10:30 -Break 10:30 - 11 :30 - Parks 11 :30 - 12:30 - Lunch 12:30 - 1 :00 - City Clerk 1 :00 - 3:00 - Public Works WLY 18,2003 8:00 - 8:30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN CITY COUNCIL SPECIAL BUDGET WORKSHOP AGENDA Friday, July 18, 2003 at 8:00 a.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd )( X Cherie McCandless 'y Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 4J;pn:'V'€- 3. Presentation and Discussion of the City Proposed Budget: Meridian City Council Workshop Agenda - July 18, 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 72 hours prior to the public meeting. CITY OF MERIDIAN BUDGET HEARING PRESENrATION SCHEDULE FY 2004 BUDGET JULY 17. 2003 8:00 - Council assemble, receive any additional materials 8:15 - 9:15 -Police 9:15 - 10:15 - Fire 10:15 - 10:30 - Break 10:30 - 11 :30 - Parks 11 :30 - 12:30 - Lunch 12:30 - 1 :00 - City Clerk 1:00 - 3:00 -Public Works JULY 18. 2003 8:00 - 8:30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN CITY COUNCIL SPECIAL BUDGET WORKSHOP AGENDA Thursday, July 17, 2003 at 8:00 a.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd X =x= Cherie McCandless >< X Mayor Robert Corrie ' Bill Nary Keith Bird 2. Adoption of the Agenda: t1-I'Pn?v...r.... 3. Presentation and Discussion of the City Proposed Budget: Meridian City Council Workshop Agenda - July 17, 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 72 hours prior to the public meeting. MAYOR Robert D. Corrie ~:r olfe;;d/:~<'; IDAHO .~.~ ~. ~, ...., \' V lf .y ~. qmc, ~( ~ 903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250] PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887- [297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold Special Workshops at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Thursday, July 17th, 2003 at 8:00 am and Friday, July 18th, 2003 at 8:00 am. The Meridian City Council will be receiving and discussing preliminary budgets and presentations from each specific department of the City of Meridian towards approving a tentative budget. The public is welcome to attend. DATED this 10th day of July, 2003. Meridian City Council Special Workshop - July 17 and 18, 2003 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. 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 CITY OF MERIDIAN BUDGET HEARING PRESENTATION SCHEDULE FY 2004 BUDGET JULY 17. 2003 8:00 - Council assemble, receive any additional materials 8: 15 - 9: 15 - Police 9:15 - 10:15 - Fire 10:15 - 10:30 - Break 10:30 - 11 :30 - Parks II :30 - 12:30 - Lunch 12:30 - 1 :00 - City Clerk 1 :00 - 3:00 - Public Works JULY IS. 2003 8:00 - 8:30 - Revenue Discussion - Finance 8:30 - 9:00 - Human Resources - Cost of Compensation 9:00 - 2:00 - Budget Setting (Working Lunch) CITY OF MERIDIAN FY2004 PROJECTED REVENUE ENTERPRISE FUND SPECIAL SERVICES FUND . WATER . Operation and Maintenance of Existing Structure Water/Sewer Usage Fees . ENTERPRISE FUND . GENERAL FUND . WASTEWATER TREA TMENT PLANT Build Out to Increase Service Area and Capacity Assessment fees . Trunk Ii ne Fees Latecomers Fees Q WATER SEWER . Water Usage Charge * Changed Rate Calculation July FY2002 * Rate Consists of Two Components . Base - Fixed Administrative - eliminated 4,000 gallon min charge - Base Fee is 53.48 . Volume - Direct Costs of Providing Service - Commercial Bill ings no longer based on assessment - based on actual usage * Account Trend Analysis + Public Works Model = Revenue Decrease FY2003 . Sewer Usage Charge * Changed Rate Calculation July FY2002 * Rate Consists of Two Components . Base - Fixed Administrative - eliminated 4,000 gallon min charge - Base Fee is $4.07 . Volume - Direct Costs of Providing Service- Commercial Billings no longer based on assessment - based on actual usage * Account Trend Analysis + Public Works Model = Revenue Increase FY2003 Actual & Projected Utility Reyenue ASSESSMENT FEES - Build-Out $~O.OOO.OOO $;,000,000 s.I,OOO,OOO $7,00(1,000 56.000,000 15,110O,000. .5A,OOO,OOO 53,000,000 .J:2,Doo,1XIO -S;1,!KIeI,OOO $0 -Mtool /Io:ilo."ll kwal ~ ~ E;I Et.t ul Ea.t ms fn9 FYOO fY01 .FW2 mJ FY04 m$ FWG . Building Permit Issued - Utility Connection Fee Charged . Residential = $1 ,580 for sewer connection and $704 for water connection . Commercial = PW determination of residential "equivalent units" . Residential projected using percentage growth in housing starts . Commercial projected using flat line I Water/Sewer Connection Fees ""'--Waler Residenl.iii~ ___Wi3:ler Commercial Sewef Re5kl6nt~l -r-Se'Ml'f Commetcitl! "'<!} ",<0"> ...<3' ~v. ~<c 1;:."-<- (>::;.~ ~~ #' ~ -.? ",# ~...0' ~....,., ~~.J..<!}> "vI} ~4- ~~ Future Considerations - Enterprise Revenue . Fee Development Important - Finely Hone Capital ConstnIction Plan - Monitor CIP - Include CIP in fee structure - A void costly borrowing - Public Works and Finance Department Work Closely Special Service Revenue Actual and Projected ~1 ,800,000 . ". ....~ $1.100,000 , .....llcen"s'" ~1 ,'00,000 '1 Permits ~l,2oo,ooo .... P.2. Fe... ~1,000,000 ., ~Boo,ooo -.ACHDtnlp;Kl ~OOO,OOO ... $(00,000 ".1 ~,ooo ~ ., #~ t:-.# i)o.J' i)o# JP~ .t-"" *t' ,,~,., ....t' ".,t' ~f/; ~r>"''b ,;: ,;: ,;: ,;: ,;: q,i;{ Enterprise Fund Revenues $i~OOO,OOO $i~OOO,OOO $1i.000,000 $10,000,000 $Ii,COO,em lE,toIl,ooo lA,toIl.ooo li.iIlIl,OOO $0 Ui$tl SoMa., &Ilu La-Ieoomus Fm As'UUm.~1:S; Tolll Residential Permits Monthly Comparison -FY01 Fh..k1",nU.1 --FY02 R...k1.nUlIl >'YO' R...Id.ntlal .. .. .. . ~"'<F i'~/.r#',..,.. rI'/ .....FYO'1 C~I:W -.. FY01 Comrn.r~W F'ill-ic~'t"\al . o ~ ~ <F -I' '''./~ ,1.-'/ ,,"..../ Property Tax Dollars and Levy Rate Actual and Projected mOOf mOO2 PnO/i3 .m()O.l PnO/i5 'Fl'1OO6 . . 200J' i!txil 2002' ron <00$' 2005 $(11.416 $S43.411, $403.538 1502,651 $533,281 S539.N9 $i7,665 . $105,150 $79,119 5-<0.000 $40.000 $(0.000 $4.207,246 $4,175.416 $5,64B,566 $6,315,8>>$7,0&1,245 $7,Wl,BS8 S4.61OJ27 S5.4a4.643 $6.111'ea:J. $6,B58.4roS7,631,5l2 sa.446,~1 . . . 003.. om 0.03. om 003 OD3 0.11 0.15. 0.09 000 008 o.oa. 0.14. 0.18 0.12 0.12. 0.11 0,11 HewC~!Nletfco Ro! .A~IOO.___~" p~ru~ ,. ro~r .peJtl/)rs.s..IlI<fOm. pen:l.rGJow~I.(1;m ro~f1n"mt t.,,)'RIW$.. 0.0032444 0.0031005 000>>102 o.oom:19 00027476 0.llO77'31 2 City of Meridian Property Tax Components Actual and Estimated $9,000,000 ~~ ~:A71 $8,000,000 ,/.:.;::','"':-~'-,;.,,; ,.... ~ ~~~,~~, I $7,000,000 .... .;....::".-_.-c::.-.-..::-;,. ;;"c'.'?:.">::, '~8"''i $6,000,000 .....e/l-.ep~Ta.;o: $5,000,000 ,.,~~.. ,--o' . .. nof ~,OOO,OOO "".;.:;::,:.;::,',"i:'::::>~:::>'-:':.;.;:'.<-' "'NcwConstru:::aNl $3,000,000 >1 $2,000,000 :::;()"~,'-~' A.rl'Y=:wation $1,000,000 '~'d $0 <c._;-.--;- ~, ,. ; ---, ___Tol;l.l ~#,"'#,# "'''# ",#'... ... ...'" ,f!' <t-'" ~ ~ ~ ~ ~# ?J.#- 1),#. <(.~'\. t.v~ tv~'" to to 'I" Utility Franchise Revenue Agreements Potentia 1 Shortage. $50,000? Jdaho Power (pd quan<:rLy) - Actual F"Y02 ~ SJ 94.206 - Budge! FY03. SI&9.7&~ - Re"t'i:;et1 FY03 - 5200.000 - Budge! FY04 -S215.569 R:Ht. (h:II1~""? Cable (ptl semi+annulllly) - Mlu,1 FY02 - S171512 - DudS" FY03 - SIIO,OOO - R",i,<dfY03-S16G.OOO - Bmlgd FYO-l- - S]6:;,OOO C'f>mpeli1h,u? S.lks',' ]meml~1IiIa1n Gas (pd qLlMcrl)') - Acmal FY02 . S339.12> - Budge! fY03 - S329,609 - RevisL"ll FY03 - S270,OOO - Dudge! fY04 -S3]&.91I R:Jl~' Ch31l~"~? W"':a1!1t'r'! Sanit..ry Services. rpd mo-mhly) - Actu"1 FY02 - S196.256 - Budset FYO~ - S2~8,62, - Revis.oo FV03 - $219.720 - BmJgL1 FYQ...I. - 5219,543 Flal Gm~;> S::'II~.,;.'! General Fund Property Tax Non-Property Tax Revenue Comparison o ProP'lrty Tax iii Non Property Tax Revenue ..., ..., 11/Jct..\>"'" 11~ <1"", "."o~"'" ""'02 '!h1l'1'03 .... -"YOJ '11'1'0, Government Revenue Sharing General Fund Stare Revenue Sharing. (Sales Tax) - AClu~L FY02 -SI.72l.U~1 - lIudg<1 fYO~ - S1.';';5.000 - R",i,clfYOJ-SI.700,OOO - BudS" fY04. S].774.9OO - Ale FY04 Proj'" . S1.16U4~ Court Revenue - Act,,"1 FY02 - S3J6,3SI - Budge! FYO~ - S33I.2OO - Re>~<d fYO~ - S315.000 - Budge[ FY04 - S330,OOO . Potential Shortfall State Revenue Shari ng $75,000 Court Revenue $15,000 General Fund Interest Income INTEREST RATE HISTORY ~~r~.2<~~ 1.0~~ .~ ." ~ ..,' . - ~_:,"'< ./ -; _; _,:. -:' - ::_~?- _0' '.' __." _:... ,~." O.O~~ .' . ~.. #.... +~ J -,,/'\ '!Ilt\ ~ .l' .ft ~~ ~~ ....... ~~.. "fi or:'" A>~ r:f"-C< ""'..~ <:o-'~)..rf 'f'.fJ''' ~ "::i .,..';f.' ~I:. r,f' MONlti T,~'Aa:~ :.- M<noy J.bt~ . '. _.;< c'::? ,;) -",/ ~~P(d. -";I~J -:/:'/MMIn:.xlmD, ;\etu.1 fYOI . S,15,466 Actual fY02 ~ 5560.260- Budget fYO~- S411.000 Revised FY03 . S30H.2.~O Budget FY04 - S32il.OOO FY04 bil.'ioo on mt-ercs1ra;e of3%. June 03 ldaho Pool mle 3.73% General Fund Revenue Distribution $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 IIIIl Restricted Revenue D Discretionary Revenue . Base Budget FY2002 FY2003 FY2004 3 YOUR MERIDIAN POLICE DEPARTMENT PRESENTS FY 2004 BUDGET REQUEST & PROPOSAL Building Our Future Together olfe~dltrJj !I~,.\HO Meridian Police Department Mission Statement The Department's mission is to provide the highest quality service in partnership with the community to preserve and protect life and property through education, prevention and enforcement. Capital Replacement - Total $136,000 4 marked patrol units at $34,000 each 1 FY 2004 Police Department Enhancement Requests , 3 P1I1rol omcer. & Car - Ftlll YOl\-r $ 218,898 . 3 Patrol Officarll is. Clr- Hll:!f Y.~r (4104) $ 148,490 ~ School.Rltl:o~riC-lt Officor & Car..... Full Yr. $ 76,335 . Cr~m'!l.P:llvunlkm1P'Jbl!c lnfo Spa-clllllist $ 64,998 l-ruftlc Offlr:.,n:12 MCllorcyckttlCPL 5 PrQmo1'lon.... 'Ai 'iOl' (1/D4) $ 147,480 . R.u;vtvo Offie-o,. & Equlpmont $ 18,780 M!$oe.o1l4lno-ou..: Racorda MlIInllgemflol: Informllion la~l>nologloll-Sortwllro.lIl:ol"l:a;ing. and SIl-f\lleoAgrllflmonll; Raeordl S!eral]ll; Ccplar6Jll;)Gn\I:O:; 8uildl~g-SQcutity; 1 Dioitlll Rllcardars $ 47,9n TOTALOFENHANCMENTS $ 722,913 FY 2004 Police Department Enhancement Requests With Ma or's Priorities :J, PatroiOfficClll & Car-Full Y",,,r 3- Pll;trolOffico:a & C./lr-HlIlrYo~r{4tcl4) 218,898 148,490 1"P~2 TOTAL OF ENHANCMENTS ~ 367,366 PRIORITY #1 Patrol Personnel Enhancement- 3 New Officers, Associated Operational Costs and Capital. Full Year (10/03) $218,898 Strategic Plan Issues: .:. Adequate Staffing .:. Crime Rate .:. Traffic Iss ues 310' Year for this request 2 PRIORITY #2 Patrol Personnel Enhancement- 3 New Officers, Associated Operational Costs and Capital .1/2 Year (4104) $148,490 Strategic Plan Issues: .:. Adequate Staffing .:. Crime Rate .:. Traffic Iss ues 3rd Year for this request PRIORITY #3 Personnel Enhancement - School Resource Officer for Mountain View High School $76,335 <{(c Strategic Plan Issues .. J.,::~:U~; .:. Manpowerllnvestigations ~. ^'y;" .:. Proactive Policing Program .:. Collaborative interagency Program PRIORITY #3 Alternative Personnel Enhancement- School Resource Officer far Mountain View High School $17,305 Alternative Funding for This Enhancement us Dept of Justice Community Oriented Policing Services (COPS) Grant: COPS IN SCHOOLS Application was approved far submission by Council and submilled for grant funding of Ihis pOSition over the next three years. Request Total $ 125,000 Would need to have alleasl $17,305 approved and allocated in the FY 2004 budget as a part of this enhancement should the reQuesl be awarded. TIlis amount could be sel aside from the current amounl allocated in FY2003 for Ihe part.lime Crime Prevenlion position which we have not been able to fill to dale. The amounl allocaled for Ihe CP position was just Over $19,000 3 PRIORITY #4 Personnel Enhancement - Crime Prevention Specialist & Public Information Officer - Combined Position Full-time $64,998 Strategic Plan Issues .;. NOMradilional Slaffing ResearCh and DevelopmenUPlanning Move from part lime to fult lima - has over $19,000 currently approved In FY03. Overall Increase acruaJly $45,998. PRIORITY #4 Alternative Personnel Enhancement - Crime Prevention Specialist- Full time and New Elemenlary School Resource Officer - PSN GRANT $5,900 Alternative & Modification funding for this Enhancement: Project Safe Neighborhoods Grant-Award of $256,500 already accepted by Ihe City, as authonzed by this Council. Grant is for two (2) years have $127,422 budgeted for FY04 with a remainder of $129.079 for use in FY05. Current Proposal would allow for a full time Crime Prevention Specialist and a new Full time ESRO However, we would need an allocation of $5.900 from the City for expenses not covered by the grant. Items not covered include Overtime, Unifonn Allowance, and Unifonn Equipment PRIORtTY #5 PerSOnnel Enhancement - Traffic Emphasis 2 New Officers plus Corporal Promotion and Motorcycles (1104) Strategic Plan Issues: .:. Adequate Staffing $147,490 .:. Traffic Issues .:. Meeting Variance In objectives from FY 03 PRIORITY #6 Personnel Enhancement- Reserve Police Officers x 4 and Equipment Strategic Plan Issues: .:. Adequate Staffing $18,780 .:. Crime Rate .:. Non-traditional Staffing 4 PRIORITY #7 equipment enhancement- LCD Monitors for Records; Records Storage; Bulldlng Security; and Digital Recorders ~""~fM"~~Y<-f~~~ ~_.....,.""" 'lf~i' I ~<~ 'f,,,,! ,rl;.~nJK $13,030 Proposed FY04 Police Department Total Priority 1 & 2 - 6 Officers, equipment & Vehicles: $367,388 Priority 3 Alternatlve- COPS In Schools Grant (SRO@Mnt. View High): $ 17,305 (Funding avaifable from pari time CP position) Priority 4 AlternaUve - PSN Grant (1 eSRO & 1 fult time Crime Prevention): $ 5,900 Priority 5 - Records Storage Cablnel: $ 3,817 TOTAL'" $394,410 ( 5 c ro (Il "'0 OJ .C ~ ~ +-'" Q) ~ g ~ 0. ~ '+- E 'E o :; ~ >. Iii a. :!::D.. U M '" o ~ o I:l <0 '5 '" <0 -g 1ii "0 0. " ~ 0. ~ ~ D:: c ~ e <g ~ <0 -.'!.. ~ ~ ~ = ': .~ '" '" '" Q; ;; " E a. O)~~ ~O~ ::; " ....c 5;' ffi.o .. a", x'l " u.lo.~ c Cl 11 a 0) w '" Q; .. ::; >... ....0... c:Eu 'l:" .. w" '" .. E IJl - " I: 3 ... c o.!! .. to Illl -'" "'''' !.5 ~ E c .. -w ~ Q .. .2 ~ ~ i= on .. .Si 0;: '" u ~ 0) " w '" a OJ en "' ~ <II .c ~ ]; a. {:. "' ! 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