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HomeMy WebLinkAbout2003-07-08 MAYOR Robert D. Con'ie " ,{t.fT-' ~:iI.og . clfe;;d/;~~./; ''-.:..~ <. " \.' V i ,?y / qmcE -11903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466"4405 PARKS & RECREATION (208} 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898.5500. Fax 887-1297 BUiLDING DEPARTMENT (208) 887-221] . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Chene McCandless Keith Bird IDAHO NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 8, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: Discussion of One-Way Street Petition - Discussion of water bill of Kimberly Knowlton The public is welcome to attend the meeting. dd4--:' WILLIAM G. BERG, JR. - CI - - DATED this 3rd day of July, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Oflice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4R 11 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 8, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd 0 Bill Nary ")( Cherie McCandless x: Keith Bird )( Mayor Robert Corrie 2. Adoption of the Agenda: c?-trov-e... 3. Discussion of One-Way Street Petition: ? (30 minutes*) p.e/,~ ;hh~p..l)~.- pi;.! /'n,- .s'o/'~~ q 4. Discussion of water bill of Kimberly Knowlton: (10 minutes*) /1-0 J'Mw- * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - July 8, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie .rt: ~h\C. . l~~:~~~J il" . clfe~;dl;n'" 11,;. '\ IDAHO ).~ /' C1mc:E -111903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208} 888-3579 . Fax 898-550] PUBLIC WORKS (208) 898-5500' Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 8, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: Discussion of One-Way Street Petition - Discussion of water bill of Kimberly Knowlton The public is welcome to attend the meeting. d~ WILLIAM G. BERG, JR. - CI - - .... .... DATED this 3rd day of July, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax. (208) 887-4813 July 3, 2003 MERIDIAN CITY COUNCil MEETING APPLICANT Pre-Council Meeting July 8,2003 ITEM NO. 4 REQUEST Discussion of water bill of Kimberly Knowlton: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 18,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT July 22, 2003 ITEM NO. ---A - G REQUEST Approve minutes of July 8,2003 Pre-Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERI DIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 8, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of One-Way Street Petition: (30 minutes*) 4. Discussion of water bill of Kimberly Knowlton: (10 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridi3n CiLY Coullcil Pre-Council Agcnd,l July X. 2(][):. Page I \111 Alll11aterials prcsclllcd at public meel1ngs shall beclll11c propcrlY nllhc <. 'ily 01- MCrI(han Anyone desiring accommodation lor disabl1111es related to dllcunKl1ls an,L'"r hcarlllg, please contact the City Clerk's Onicc at 888-44:'3 al Icasl 4X hours pntlr III the puhh,- 11l,.,'11I1~ Meridian City Pre-Council Meetina July 8. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, July 8,2003, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Cherie McCandless, Keith Bird, and Tammy de Weerd. Members Absent: Bill Nary. Others Present: Gary Smith, Anna Powell, Leslie Howard, Nick Wollen and Will Berg. Item 1. Roll Call Attendance: X Tammy de Weerd 0 Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I will open the Pre-Council Meeting Tuesday, July the 8th, 2003 at 6:00 P.M. We will have roll-call attendance by the City Clerk please. Item 2. Adoption of the Agenda: Corrie: Item number two on the agenda is adoption of the agenda, which is two things. The discussion of the one-way street petition that John Forsberg and the discussion of the water bill by Kimberly Knowlton. So Council. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the adoption of the agenda as published. De Weerd: Second. Corrie: Okay. Motion has been made and second to adopt the agenda as published. Any further discussion? Hearing none. All those in favor of the motion say aye. All ayes. Motion Carried. MOTION CARRIED: THREE AYES; ONE ABSENT Item 3. Discussion of One-Way Street Petition: Corrie: At this time we will have the discussion on the one-way street petition. John if you could come up the floor is yours. Meridian City Pre-Council Meeting July 8, 2003 Page 2 of 13 Forsberg: Thanks Mr:. Mayor, Council members. I appreciate your time here. Basically what I've done is written the petition and walked it up and down Main Street and spoken with many of the business owners here in town on Main Street. The overwhelming majority of them are in favor of a one-way street. So basically what I would like to do at this time is to maybe get the Council to consider some discussions in the direction of one-way streets and maybe see about adopting it. Obviously there's other people that are going to have input and they should be heard naturally. Some against, mostly for. But either way I really think that it needs to be looked at. I have people come into my businesses every single day and tell me that the only reason they came into town was to come to my business and they absolutely avoid the downtown corridor with every inch of their body, they just hate driving down here because it is so congested and such a pain and its dangerous as it is. There's people moving in two directions. You can't quite figure out whether somebody's going to hit you from one direction or the next when you cross the street and basically everybody is looking to do something about it. I know that the study that was done on it last was back in 97. The study, I read it, I gave the study to Tammy for her to look at. Basically it said if we don't do something we are going to lose several, two generations of investment in the downtown corridor. And I guess if you were to take a look at the downtown corridor right now, just take a drive you'll see probably five, six businesses that have gone out of business recently. Properties that are either for sale, for lease, for rent what have you. In my mind from a retailer's point of view, it's due to lack of traffic. People don't like coming down here so they avoid it with all means and if we had one way streets then people would start coming down through here again and use it as they should. I think it's vital for downtown life to get the traffic situation taken care of one way or the other. I've looked at the studies that talk about second and a half and 4th street for one ways and they honestly to me look pretty far-fetched and I don't think that they really address the problems that are needed and the access to those points would be extremely expensive to require the property to make it all happen. So I really believe that the one-way street is the way to move at this time. Thank you. Corrie: Stay there John I'm sure we are going to have some questions for you here. Council do you have any questions? Bird: I don't. I think I know where I stand on it. Corrie: Okay I have a couple John. Which way would the one way go on Main Street? South or north? Forsberg: On Main Street it would go north. Corrie: Go north. Forsberg: That's what the ACHD has - [ Meridian City Pre-Council Meeting July 8, 2003 Page 3 of 13 Corrie: Then Meridian Road would be the one going south. Forsberg: Correct. Corrie: So all the traffic that's on Meridian Road would be transferred to Main Street is that correct? It would have to if they wanted to go north. Forsberg: Right. Corrie: So all the traffic going south would have to go on Meridian Road. Forsberg: Correct. Corrie: Okay. Do you think that the congestion would be more or less if it's one- way. Since all the traffic is going on Meridian now will have to go on Main Street. Would that be more congestion or less? Forsberg: Well I think that probably it would be less because everybody would be traveling in the same direction and when you get everybody in one direction then you don't have people trying to make a turn in front of you or its all trying to flow in one path. Corrie: How would they do it on the Meridian Road meets Main Street on the south side if we all have the traffic coming in that way and they are going to redo that central area there that five way coming in together. How would we do that? Forsberg: Down there, that Home Depot area? Corrie: Yeah, right. Forsberg: What they have is basically a straight through shot that completely avoids the signal for Meridian Road going south. So it would basically go to the right side of the signal and just keep on moving past. And then the signal itself would have two turn lanes that would go into the existing road. Corrie: Okay and then one way north on Main Street. What about the T there at Fairview? They would have to go on past and go south to Meridian Road and they are going north on Main Street all that traffic has to go either left or right. Is that correct? Forsberg: That's correct. Bird: Mr. Mayor. Corrie: Mr. Bird Meridian City Pre-Council Meeting July 8,2003 Page 4 of 13 Bird: Now Main is "going north. Meridian is going south. I understood it that Corporate was where we were going - when we discussed that big developer idea for the deal down there. We were going to do our switching at Corporate if we went this way. I've seen your petition that ACHD - I don't know who you talked to at ACHD but this is the first time and I've been on since 98 - this is the first time I've seen them have an opinion that they would give before we evidently give an opinion. Forsberg: It was Joe Rosenlund that we spoke to. Bird: Okay and I agree wholeheartedly that this is the way we need to get it through and I think retail would have three lanes going north and three lanes coming south and we'll still have on street parking, right? Forsberg: Right. Bird: Thank you very much. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I know in talking earlier with ACHD with the commissioners and their staff and I've discussed this with John, is they have been kind of waiting to hear from the city and the Meridian Development Corporation on what the vision for the downtown area is and a lot of that correlates with how traffic should move, how we should really look to enhance the circulation. I know we've had the conversation with the Meridian development Corporation and the chairman is here and he could bring us up to date on the discussions of that board. But there's still some things I think ACHD is waiting for and I think it needs discussion" I agree with you it needs discussion. I don't know if it needs to be totally focused on one-way streets I don't believe that that would be conducive to a good healthy discussion. I think we need to find out what the goal is, what we want downtown to be and Main Street is certainly the whole center and soul of that and see what the options are. And look at the pros and cons on each of those options and see if it fits within the goal of what we want to do in downtown Meridian and we have had this discussion. I think when I reviewed the document you showed me I was unaware of its existence and I had told you John that at the time. I think that that document came out before any of the current Council members came into office. So I would like to see if we could all get a copy of that so we can even see and read in detail what that is suggesting. And maybe even Joe can speak to that today as well if we can do that. Also maybe a copy you can get to the Meridian Development Corporation Board for their pursual and you'll see a little bit more why that would be helpful because they are talking about doing a circulation study in their parking and market feasibility studies that they are doing. Because they are all hand and glove on how to promote this Meridian City Pre-Council Meeting July 8, 2003 Page 5 of 13 area and show that .investment is worth the investment and you as a business I think really realizes that. But when Council - and again Council made the vote on the one-way streets before any of us were sitting up here. They voted that they did not want to go the one-way route but I guess where I see the - the paradox is we never took it the next step. We never decided then what the short and long term solutions were and we didn't have that consensus direction to move forward on. So I would like to see the dialog open up and that we can put some of the dissension that seems to always come up when this conversation mentioned that we can have a good healthy discussion and come to a decision and move forward. Forsberg: Sure. We've seen six years go by and traffic just seems to get worse. It's gotten worse since I've been in town only five years so. I see a lot of development going in north of here and [ don't see enough provisions immediately to take care of that growth that's coming up right now. De Weerd: Well and this does need to be taken care of in a timely manner and I know until we come with that kind of direction ACHD is not going to put any money towards any of these improvements because they are not aware of what the city is looking and asking for. So not discussing it is not getting us anywhere other then nothing being done and just living with what we have today. Forsberg: Right. De Weerd: Which may be the answer. I don't know. Corrie: With all do respect to ACHD. They like to move traffic and we like to have traffic moved too and we've got a real problem here in Meridian. We have two entrances into Meridian, Meridian Road and Eagle. Forsberg: Right. Corrie: Unless you come down Fairview or Overland, which that makes it rather unique in the fact that you only have the two coming in. Now if and when we get the Ten Mile Interchange in we will have three. We got a rather unique situation for Meridian. I don't think Meridian realized that they were going to be eventually 140 or 150,000 people and like I said with all do respect to ACHD they want to move traffic and I would too. I just have a personal feeling that if we make Meridian one-way north you are going to get traffic in there. There's plenty of traffic but they are not going to be stopping they are going to go home. And so that's just a personal opinion and - everybody else, they have the say here too. But I would if Council will bare with me I would like to have ACHD and also MDC just give us a little background. This isn't a public hearing but if they could give us some background if the Council would like to hear that I would and then jf we get some of this information we can have a public hearing where everybody can have a say but you brought the petition and I did respect you for that and we can Meridian City Pre-Council Meeting July 8, 2003 Page 6 of 13 look at that and go with it. So if you don't have any more questions I will ask the ACHD representative Joe if you could come up and give us a prospect on the ACHD and also if you can that new interchange that's going in there Whitman Lane is kind of messing things up to for a one-way as it comes in. Maybe my verbiage isn't correct but we've been through this a lot of times. Rosenlund: We spent the summer of 97 doing this study and what the - several alternatives you know that basically do nothing a couple of different couplets where one couplet ended at Franklin and the other went all the way to the freeway. And we looked at widening Meridian Road and looked at widening Main and then a thing called an unbalanced couplet where you have like two lanes north bound and one lane south bound on Main and the opposite. So you're basically kind of giving a directional slant to each road but not take the two lanes off. We went through quite a bit of that and also had an economic analysis done. That request came out of the public input that we received has we were going through it. Basically what we found was that it does move traffic you know the couplet moves it better at the least cost it would have the least impact to adjacent you know at least having to buy right of way and those kinds of things. Most of the other options because of having to deal with turning traffic at intersections you have to make the intersections a lot bigger which can have a pretty big impact. Particularly the one we were the Fairview intersections and the two at Pine to handle the amount of traffic that is going to be coming in on Pine. You know that (inaudible) sooner then whatever you know they are getting ready to build that new segment between the Junior High and Eagle Road now. So it's coming and once that goes all the way through you are going to see a lot more traffic coming on Pine and quite a bit more congestion there at those intersections. In relation to other projects and looking along - we did look at analyze the options with both the Locust Grove Overpass and the Ten Mile Interchange already assumed as being built in the numbers we have in the study were for 2015 and it still showed a heavy volume of traffic going down Meridian and it did distribute traffic a bit better but it didn't get rid of the problem basically is what are analysis should. There's - kind of what happened as I recall is at the end of this study was that there wasn't really a clear consensus. I mean everybody was 50/50. I think the City Council was 50/50 on the idea the public was 50/50 and if you read the economic analysis it basically says until Meridian decides what they want, how they want their downtown to develop you probably shouldn't make a decision. So Tammy is right we need to, the city has to decide okay what do we want to happen downtown and then lets design the transportation system to meet that need and so you know I think we do have to do quite a bit more work and I know we've been involved in your plan to develop your downtown and come up with your downtown plan and at this point because no decisions have been made on the couplet we are still assuming two-ways streets but - [ mean part of it is we are here to help serve you as well and help your city grow so we are not going to come in and force this down anyone's throat. Its kind of what the city wants and how they want their city to look in the long term. So anyway when I get you the study I'll get these copies of the Meridian City Pre-Council Meeting July 8, 2003 Page 7 of 13 studies to you. You have to realize these numbers are seven years old and the traffic numbers and the dollar numbers everything is higher. And we can probably do some update to those but it would take a little bit of time. Corrie: Okay. Any questions? McCandless: Mr. Mayor. Bird: Mr. Mayor I just got one question. Corrie: Yes. Bird: Joe was that done by Washington Group? Rosenlund: No that was done by Earth Tech. Bird: Okay thank you. I think I got one of those at home and I'll look through it and if I do I'll get enough to the people. Corrie: Mrs. McCandless. McCandless: Wouldn't you have to at least add another lane on Meridian Road or rebuild that road in order to take that volume of traffic going south? Rosenlund: Right now Meridian Road is I believe it's in our five year work program. Or at least within the next 10 years as expected to widen to three lanes anyway. You could get three lanes on there right now if you took off parking through some of those segments. There is enough pavement there. Some of it would have to be reworked because there is a couple sections that have a real heavy crown on it, we would like to level that out a little bit before we do something like that but really isn't that much more work to do to Meridian Road to actually get the lanes on there but what we would propose if we were going to go through we would want to go in and redo Meridian Road get the curb, gutter and sidewalks on and get it leveled out a little bit. Corrie: Thank you. Slocum: Good evening Mayor, members of the Council. I'm Creg Slocum, Chairman of the Meridian Development Corporation. I guess to give a little history although I've only been involved with the group for about a year and a half. The committee and the Corporation have been meeting for three and a half years I believe. Through that process there have been many public workshops and its certainly is evident that traffic circulation is an issue in our group being successful at what our mission is which is to enhance the downtown, to incentivise development coming downtown and as well as keep those businesses that are already here vibrant. I can certainly state that we have Meridian City Pre-Council Meeting July 8, 2003 Page 8 of 13 heard many different opinions and I think even the board shares differing opinions on the one-way couplet versus retaining the two-way streets. I don't believe we have a stance, one way or the other we have concerns with both. We do have and are in the process right now of establishing our budget for fiscal year 2004. In that budget we have tentatively set aside some funds for traffic and parking studies. There's been discussion amongst our group whether the traffic circulation issue is one we want to bite off and deal with or whether that's something that the city should deal with I think we are open to teaming with the city if that was necessary. We know we need to deal with it or it needs to be dealt with in order for our - as I mentioned our mission to be successful. In regards to the specifics of some of what's been discussed and I think the ACHD representative maybe able to address this. I don't believe that the right of way that exists on Main Street is adequate to serve three lanes of traffic and parking. And I can tell you that I think our group as a whole is adamant that on street parking be provided on both streets. Its just a necessity for the businesses that are here now or any business that is to come in the future to have that while we are going to address parking in some other ways, we've got to still have that on street parking. We are also I think in general consensus that there's a concern over three lanes of one-way traffic and what that feels like. We certainly want to have a pedestrian friendly downtown core. And it can be from a pedestrian standpoint three lanes of traffic is a long ways to cross. It's a safety concern. I'm not saying it can't be done but I think it's just a concern from our viewpoint. There are long term issues that are going to help the traffic circulation as mentioned Ten Mile, Locust Grove but I guess I'm in agreement with some of what some of the other Council members have indicated that - I do believe has our Corporation believes that there needs to be some studies in to the short term solution. We are seeing businesses leave downtown and that's scary for us as residents, its scary for us a urban renewal agency. I think that's all I can really share with you this evening. If you have any questions - Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Creg you know everybody is looking at the long term and when we get Ten Mile and when we get this and when we get that. But the traffic flow in my opinion is to first get people down here to shop. Now MDC and the city needs to be getting shops down here so that they can shop. But your traffic flow regardless is to get people down to the retail outlets and if you're jammed up you're not going to stop I don't care who you are. Its 90 degrees out there and your jammed up at the stoplight or you are trying to turn left on a street out here and then you can't turn. You are going to drive on by and go home. So our first concern is traffic for our retail and business outlets down here. I realize we haven't got the businesses down here yet but that's the thing we need to work on big time and we are working on it. So I don't want a short term. Boise's one-way streets have been successful for how many years? I realize for the first 20 years Meridian City Pre-Council Meeting July 8,2003 Page 9 of 13 it was a ghost town. . But from 83 on it became a pretty viable downtown and they've been successful in one way. That's what we need to determine. We don't need to determine what's good for six months or for a year until we get Ten Mile because it could be 20 years before we get Ten Mile. We need to have something down here that we can get the traffic through in a way the people are wanting to stop. We've already through the city have got two nice or will have two nice off street parking places. Well we are quite a ways from having a parking garage, we all know that. But we can get some of this off street parking and help people. But that is my concern is not short but how long. I mean we got to be viable down here with traffic to get the businesses down here. I mean we don't have a lady's dress shop down there, we don't have a men's dress shop here. (Inaudible) a bad downtown that's been hurt a lot like Nampa has that. That is my concern Creg. Slocum: Mayor and Councilman Bird. I believe that your concern is our concern as well and I guess maybe I was a little, maybe I stated it wrong. What we hear I think a lot is that lets just wait, Ten Mile will come and the solution will be there. Maybe short term isn't the correct terminology, we need to look at other solutions. Bird: When Ten Mile comes we still want traffic down here because we want a viable downtown. I mean if we don't have a viable downtown we have no community. We are already getting businesses and I'm thankful for it out on Overland and stuff off of that interchange. But we have got to encourage down town shops and we've got to make it pedestrian friendly. And we've got to get the traffic through it. That's my only deal and I think that's something that - and MDC has talked about this, we know it, you've heard this song and dance before. But you know I don't want to look at short term I want to look at long term and in same time encourage businesses to come down here and locate and make it so they can make a profit and stay here. I'm like the gentleman that brought the petition forward. I am sick that the businesses went out of business right along Main Street here, I mean that hurts. Slocum: One other point that our group is very involved in is the downtown design standards and although its being worked through the Planning and Zoning side we are very involved in it and there's been many many committee meetings and public workshops and we are - while we've come through the core district and have come up with some draft design standards for that. We are now at a point where we the committee needs to establish what the street sections are going to be. And they have - there was some preliminary street sections put together and they were sent to ACHD for their input and so I think we are at that point where those studies need to take place. We need to define what we are going to do. If we don't I think its going to hinder us moving forward on some of the other goals and ordinances that we have in mind to help enhance our downtown and the districts from Fairview all the way to the freeway. So I think it is imperative that we do band together. The MDC is certainly willing and I've Meridian City Pre-Council Meeting July 8, 2003 Page 10 of 13 heard a lot of input .and willing to help in anyway that we can. Whether that's through manpower or from a financial standpoint. Bird: Thank you. Corrie: Thanks Crego Well I guess we all agree that we want the downtown to be places that people want to come down and shop. There is no question about that. Got to have a happy medium of pedestrians and cars and then have businesses that people want to shop down here and like to shop and maybe some things that we have to do cosmetically I don't know. I think that's what MDC is thinking about. So we are aware of the situation it's just a matter of coming up with the right formula and its tough, it's hard. If you have a business down here, it's tough to have a business I know but hopefully we can have other meetings and get it going again. So anything from the Council. Bird: Mr. Mayor. I'd like to and [ don't think we have to do this in the next month or so but I think we need to have a public hearing and have a night where this is the only thing on the deal. Have the people come and just listen to the input of both - like you say we are positive here. I've been at meetings where everything was negative on one-way. I think it would be something that would be very helpful to the Council and keep in mind that everybody's working for what they think is best for the community of Meridian. And get that done but you know I think that's something we could - maybe if you and Tammy could put this on in September or something after we get our budget all put to bed and everything and go like that and the MDC puts their budget to bed and then we could have a public hearing and go from that. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I agree at some point we need to do that I don't want to put the cart before the horse where we don't know the pros and cons or what the different options are and again it gets back to the vision that we want for Meridian. I think that will be further defined with the help and certainly we would like to get a diverse group involved in the MDC and what they are trying to do with circulation and parking and the vision part of what we want to do with the Old Town. And I'd like to see this done and given a high priority. And that's just because we can't afford to spend a lot of study time and prolong this too much longer if the traffic circulation is the cause for these business close downs and I think economy has something to do with it. But it is an item that needs to have some conclusion and a consensus direction as to where we are going with it. So I would like to maybe have MDC discuss it at their meeting tomorrow as well and bring back a discussion to Council on a proposed direction. Maybe with our planning staff. I know our planning staff definitely has some opinions on this as well and so we Meridian City Pre-Council Meeting July 8, 2003 Page 11 of 13 could probably bring it back and I don't Mr. Mayor maybe Steve has - did you have a comment from a staff perspective? Corrie: Steve do you have a comment? I mean we better wrap this up we've got another one right behind us so. Siddoway: I have several things that I could say but I will just say this. That we could do a staff report on this issue and try to analyze some of the pros and cons and make a recommendation for a course of action as to how to proceed on this. De Weerd: In a timely fashion. That is great. Corrie: What is a timely fashion? Okay. De Weerd: Mr. Mayor could we ask that maybe those comments be brought back next - what is a reasonable time frame? Powell: Mr. Mayor members of the Council. All we could provide you of course is just some empirical information from perhaps cross countries it won't be anything specific to here other then what ACHD can provide us as far as traffic flows. But just the kind of general pro and con debate. We could probably have something for you within a month. If that is not too untimely? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess my concern of having a public hearing before we know what the options are what the pros and cons are seems it would just fuel whatever fires are going out there and I would like to get good information on what the vision is, what the options are and how to get to that point if we don't already have enough information by just updating what ACHD has and what the MDC has done. So I would look for your recommendation as to the course of action from your perspective. I know what I would like to do but- Corrie: I would suggest not before September because we got the budget yet to do and a public hearing on that one too. So that will give you plenty of time. Powell: Mr. Mayor, members of the Council. What we could do is we will do some of the original research and get a memo out to the council and perhaps meet with Council member De Weerd on where to go from there. I'm not sure what the research is going to lead and I don't know that I'll be able to give the kind of course of action you are recommending without in depth studies of the area is what I suspect. I believe we can do the initial research and then work with you to come up with some ideas on where to go from there. Meridian City Pre-Council Meeting July 8, 2003 Page 12 of13 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Would that give ACHD some time to update your figures maybe todays and you can work with Anna on that. Give us at least the starting point where we can start and then we know how much we have to go from there. So we are shooting for September Mr. Mayor? Corrie: I would suggest to give everybody a chance to think about it and get the reports done and then if anybody has a public hearing its going to give them enough time to get their things together on both sides. So lets do it probably the secondweek in September. We got a meeting on the 2nd and Will can you see - the ninth. I can't hear you. De Weerd: He's just making a comment. He said September 9th sounds great. Well at least have the initial conversation to maybe set that public hearing. Bird: That'll give you something to shoot for and if we have two months around that time. Corrie: Okay. Good enough. All right we have it set for tentatively for September the 9th and see what we got there and maybe we can fluctuate. Item 4. Discussion of water bill of Kimberly Knowlton: Corrie: The next item on the agenda is the discussion of the water bill with Kimberly Knowlton. Is she here tonight? Maybe she wants to come another night. Okay well since she is not here I guess we can recess then and come back at 7:00. So I entertain a motion to close the Pre-Council meeting. De Weerd: Mr. Mayor I move we adjourn. Bird: Second. Corrie: Okay all in favor of the motion say aye. Three ayes motion is approved. Meeting is adjourned for Pre-Council and then come back at 7:00 for the regular Council meeting. Thank you. MOTION CARRIED: THREE AYES; ONE ABSENT MEETING ADJOURNED AT 6:43 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Pre-Council Meeting July 8,2003 Page 13 of 13 APPROVED: ~ ROBERT . CORRIE, MAYOR ATTESTED: 7 I 22- 103 DATE \\\\IIIIIlI/lIJ/ \\\' f Ute- 1/11 ,\\ --l. 0 1'~H.:;.R/l"\ III , IZlI I,., .:::-' ::\ ""1 ",. ~ (} ~PO,l:) . :At"'''~ $ cP' "'1~ "-;. 2 ~ 0 :"-, == :- ::: ::" '- ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 8, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance; ~ Tammy de Weerd k':" ~ Cherie McCandless )( X Mayor Robert Corrie . Bill Nary Keith Bird 2. Adoption of the Agenda: ~f'rr/VUV' 3. Consent Agenda: A. Approve minutes of June 24, 2003 City Council Regular Meeting: ~pY"Ov.e..... B. Reimbursement to Havasu Creek. LLC, for Water System Construction Costs - Havasu Creek Subdivision No.1: c,-p,-00-<-- 4. Department Reports A. Public Works Department: 1. Proposed Sewer Re-routing by Tuscanv Development, Inc.: (/7::t t;)...<J 1 h.e...." r(..r eUc (' ~J"; 'In--.- 5. (Items Moved from Consent Agenda) 6. Tabled from June 24,2003: Ordinance No. Fence Variance Ordinance: -h-~ ftJ Jut:; 16{ zoo "1 7. Ordinance No. (J 3 - I tJ 2-1 RZ 03-005 Request for a Rezone of 4.738 acres from R-4 to L-O zones for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: tftppr&V'-<--' 8. Tabled from June 24, 2003: FP 03-033 Request for Final Plat approval of 7 building lots on 14.31 acres in C-G and C-N zones for Devon Park Subdivision by Fairview Lakes L.L.C. - 824 East Fairview Avenue: lJi/f'rov.e..- 9. FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: h~.fo Jut'! Z2--; "2PtJ'3 Meridian City Council Agenda - July 8, 2003 Page 1 of2 AJI materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 10. 11. 12. 13. 14. 15. 16. 17. FP 03-039 Request for final plat approval of 96 building lots and 7 other lots on 38.59 acres in a R-4 zone for Cedar SprinQs Subdivision No.3 by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: cifpvov.e- Public Hearing: VAR 03-017 Request for a Variance to the cul-de-sac length requirements in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - north of West Victory Road and east of S>>uth Stoddard Road: t't-IftJrM:J 10 jJr12j?ti/l-e ..r/~ f c/~ .fvy o/prvve<-L Public Hearing: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by H iIIview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: a-f..f?n?l.e:; to r-e;:,t'C/U. -n;C f cl..e (;r w;;,p-ova..-e.. Public Hearing: PP 03-011 Request for Preliminary Plat approval of 161 building lots and 25 other lots on 39.15 acres in a proposed R-8(PD) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: a/firE /1.eV -1-0 ref'd/t..L -/'1 ~ ~l e..l'( fVy- d-p;Jrt)(rttL Public Hearing: CUP 03-021 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, and house sizes in a proposed R-8(PD) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: ?t-!--fz;-rlUyk pY.ef~ plPi c/:..t' Hv Cifyryev-a-t Public Hearing: AZ 03-008 Request for annexation and zoning of 34.52 acres from RUT to R-8 zones for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: C c:r-n--n h vu...- j? / A..- f<; ..TN ~ I bl to 0 3 Public Hearing: PP 03-008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: c ~fyyz fA...(., p / A.- +0 JtA-f 0/ 15"; ZC?{l3 Public Hearing: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: _.L -? C c:rrvf>"nfA-R.. I' / A- Tv ~ tJ /5) 20p j Meridian City Council Agenda - July 8, 2003 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 'f ~CzS ( fO %"-b tw 1L(.Jr,)~ G Yl.o+l Cz,- Th O-A'Lts ! ~ . CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 8, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of June 24, 2003 City Council Regular Meeting: B. Reimbursement to Havasu Creek. LLC, for Water System Construction Costs - Havasu Creek Subdivision No.1: 4. Department Reports A. Public Works Department: 1. Proposed Sewer Re-routing by Tuscanv Development. Inc.: 5. (Items Moved from Consent Agenda) 6. Tabled from June 24,2003: Ordinance No. Fence Variance Ordinance: 7. Ordinance No. RZ 03-005 Request for a Rezone of 4.738 acres from R-4 to L-O zones for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: 8. Tabled from June 24, 2003: FP 03-033 Request for Final Plat approval of 7 building lots on 14.31 acres in C-G and C-N zones for Devon Park Subdivision by Fairview Lakes L.L.C. - 824 East Fairview Avenue: 9. FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: Meridian City Council Agenda - July 8, 2003 . Page] of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. FP 03-039 Request for final plat approval of 96 building lots and 7 other lots on 38.59 acres in a R-4 zone for Cedar Sprinos Subdivision No.3 by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: 11. Public Hearing: VAR 03-017 Request for a Variance to the cul-de-sac length requirements in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: 12. Public Hearing: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: 13. Public Hearing: PP 03-011 Request for Preliminary Plat approval of 161 building lots and 25 other lots on 39.15 acres in a proposed R-8(PD) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: 14. Public Hearing: CUP 03-021 Request fOf a Conditional Use Permit for a Planned Development fOf single-family fesidential use with feduced setbacks, lot sizes, lot frontages, and house sizes in a proposed R-8(PD) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: 15. Public Hearing: AZ 03-008 Request for annexation and zoning of 34.52 acres from RUT to R-8 zones for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: 16. Public Hearing: PP 03-008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: 17. Public Hearing: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: Meridian City Council Agenda - July 8, 2003 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, [) Lt ClS~ 70 si ~ VLtkrlA c 1/lJJ-k~ - Th O/'vIJ-g [' . CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 8J 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of One-Way Street Petition: (30 minutes*) 4. Discussion of water bill of Kimberly Knowlton: (10 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - July 8, 2003 Page 1 of 1 All materials presented at public meetings shall hecome property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk'8 Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie 1>llLOSe- 7o~-t ~ 1.; ,1;,.\:- r~:i~ ~p / CLTYOF J.---".:::o,_ \....../Yi erldia:n -T~( ~ LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550] PUBLIC WORKS (208) 898-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird i~' NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 8, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: Discussion of One-Way Street Petition Discussion of water bill of Kimberly Knowlton The public is welcome to attend the meeting. dd4--:' WILLIAM G. BERG, JR - CI - - - ... DATED this 3rd day of July, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 AS OF JUL 03 '03 14:42 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIWSEC PGS 01' 11" 002 00'44" 002 00' 44" 002 00'43" 002 00'44" 002 00'43" 002 00'55" 002 00'43" 002 00'55" 002 00'43" 002 00'43" 002 00'43" 002 00'44" 002 01'15" 002 00'44" 002 00'55" 002 01'12" 002 00'44" 002 01'22" 002 00'43" 002 00' 43" 002 00' 44" 002 00'44" 002 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 8, 2003 at 7:00 p.m. City Council Chambers 1. RolI.call Attendance: ** TX CONFIRMATION REPORT ** 02 03 04 05 06 07 08 09 10 11 12 13 14 15 15 17 18 19 20 21 22 24 25 DATE TIME TO/FROM 07/03 14:07 3810160 07/03 14:09 PUBLIC WORKS 07/03 14:10 8841159 07/03 14:12 2088840744 07/03 14:13 2088457355 07/03 14:15 8985501 07/03 14:15 LIBRARY 07/03 14:17 92083775449 07/03 14:18 208 388 6924 07/03 14:20 2088885854 07/03 14:21 12084674538 07/03 14:22 8950390 07/03 14:24 Laurel 07/03 14:25 ADA CTY DEUELMT 07/03 14:27 208-888-5052 07/03 14:28 CHERRY LANE 07/03 14:30 POST OFFICE 07/03 14:32 IDAHO ATHLETIC C 07/03 14:33 887 0816 07/03 14:35 ID PRESS TRIBUNE 07/03 14:36 208 888 6700 07/03 14:40 12084664405 07/03 14:42 208 387 6393 CMDij 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK cr LRJ:tSt 70 %{ j;, 1u.lr(iG YLc:Jt:-{ (L - Th CvYl t:S I CITY OF MERIDIAN . Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: Bill Nary Keith Bird A. Approve minutes of June 24,2003 City Council Regular Meeting: ** COMMUNICATIONS REPORT ** AS OF JUL 03 '03 14:50 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0062 SEND 00025'24" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIWSEC PGS CMDt:I STATUS 01 07/03 11:06 2083432247 G3--S 01'32" 002 251 OK 02 07/03 14:07 3810160 EC--S 01' 11" 002 253 OK 03 07/03 14:09 PUBLIC WORKS EC--S 00'44" 002 253 OK 04 07/03 14: 10 8841159 EC--S 00'44" 002 253 OK 05 07/03 14:12 2088840744 EC--S 00'43" 002 253 OK 06 07/03 14:13 2088467366 EC--S 00'44" 002 253 OK 07 07/03 14:15 8985501 EC--S 00'43" 002 253 OK 08 07/03 14: 16 LIBRARY EC--S 00'56" 002 253 Of< 09 07/03 14:17 92083776449 EC--S 00'43" 002 253 OK 10 07/03 14:18 208 388 6924 EC--S 00'55" 002 253 OK 11 07/03 14:20 2088886854 EC--S 00'43" 002 253 OK 12 07/03 14:21 12084674538 EC--S 00'43" 002 253 OK 13 07/03 14:22 8950390 EC--S 00'43" 002 253 OK 14 07/03 14:24 Laurel EC--S 00'44" 002 253 OK 15 07/03 14:25 ADA CTY DEVELMT G3--S 01' 15" 002 253 OK 16 07/03 14:27 208-888-5052 EC--S 00'44" 002 253 OK 17 07/03 14:28 CHERRY LANE EC--S 00'56" 002 253 OK 18 07/03 14:30 POST OFFICE EC--S 01'12" 002 253 OK 19 07/03 14:32 IDAHO ATHLETIC C EC--S 00'44" 002 253 OK 20 07/03 14:33 887 0816 G3--S 01'22" 002 253 OK 21 07/03 14:35 ID PRESS TRIBUNE EC--S 00'43" 002 253 OK 22 07/03 14:36 208 888 6700 EC--S 00' 43" 002 253 OK 23 07/03 14:38 2083362100 EC--S 01' 42" 007 254 OK 24 07/03 14:40 12084664405 EC--S 00'44" 002 253 OK 25 07/03 14:42 208 387 6393 EC--S 00'44" 002 253 OK 26 07/03 14:44 PUBLIC WORKS EC--S 00'24" 001 255 OK 27 07/03 14:45 12084664405 EC--S 00'23" 001 255 OK 28 07/03 14:46 8841159 EC--S 00'24" 001 255 OK 29 07/03 14:47 2088840744 EC--S 00'22" 001 255 OK 30 07/03 14:48 2088467366 EC--S 00'24" 001 255 OK 31 07/03 14:49 8985501 EC--S 00'23" 001 255 OK 32 07/03 14:49 LIBRARY EC--S 00'27" 001 255 OK ** TX CONF I Ri>1ro. J ON REPORT ** (reO AS OF JUL 03 '0:':'~4:50 PAGE.01 CITY OF MERIDIAN 26 27 28 29 30 31 32 DATE TIME TO/FROM 07/03 14:44 PUBLIC WORKS 07/03 14:45 12084664405 07/03 14:46 8841159 07/03 14=47 2088840744 07/03 14=48 2088467366 07/03 14=49 8985501 07/03 14=49 LIBRARY MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 00'24" 001 0121'23" 01211 00'24" 001 0121'22" 01211 1210'24" 01211 00'23" 001 0121'27" 001 CMDtI 255 255 255 255 255 255 255 STATUS OK OK OK OK OK OK OK MAYOR Robert D. Corric <rko&.. ?O<}{ J;Y1.;t,,:' 'r.;..;- ThK ( ~', olfe;;dl;~~.j"\, ~ IDAHO i :3,~ /j' 'Q f !1'... :!0'Al'A'~l/ll:~ . !HiI~J ~ , ~ 0::; LEGAL- DEPAlUM ENT (208) d66.9272 . FAX 466-4405 PARKS & RECREATION (203) SSR-:;S7Q . F"~ 89S.5501 PUlJ!.IC WORKS aaSl 8%.SSOO . f", 3R7-1197 BUILDING DEPARTMENT (108) 887.2211 . Fox 8S7.1297 PLANNING &7.0NING (208) S84-5S33 . Fox RS8-685a CITY COUNCIL MEMBERS Tammy de Weerd William L, M. Nary Cherie M cC,'odlcss Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 8, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of One-Way Street Petition - Discussion of water bill of Kimberly Knowlton The public is welcome to attend the meeting. J~ DATED this 3rd day of July, 2003. 33 EAST lDAfiO AVBNUE . MERIDIAN, IDAHO 83642 . (208) 888.4433 City Cler~ Oll'iee ril~ (208) 888-4218 . HumllJl ReSllllfee$ "ax (208) 884-8723 . Finaoce & UlililV BilJiM FM:. 1208 \ 887.dill ~ ** TX CON, .AnON REPORT "'* AS OF JUL 03 '03 ( .<1 Pi=lGE.01 CITY OF MERIDli=jN Di=lTE TItlE . TO/FROM MODE MIWSEC PGS CMDII STATUS 01 07/03 14'50 92083776449 EC--S 00'22" 001 255 OK 02 07/03 14'51 208 388 6924 EC--S 00'27" 001 255 OK 03 07/03 14'52 2088885854 EC--S 0\:1'23" 001 255 OK 04 07/03 14'53 12084674538 EC--S 00'23" 001 255 OK 05 07/03 14'54 8950390 EC--S 00'22" 001 255 OK 06 07/03 14'55 Laurel EC--5 08'24" 001 255 OK 07 07/03 14'56 208 387 6393 EC--5 00'22" 001 255 OK 08 07/03 14'57 ADA CTY DEUELMT G3--5 00'40" 001 255 OK 09 07/03 14'58 208-888-5052 EC--5 08'23" 001 255 OK 10 07/03 14:59 CHERRY LANE EC--5 08'27" 001 255 OK 11 07/03 15:00 P05T OFFICE EC--S 00'32" 001 255 OK 12 07/03 15:01 IDAHO ATHLETIC C EC--5 00'22" 001 255 OK 13 07/03 15:02 887 0816 G3--5 00'41" 001 255 OK 14 07/03 15'03 ID PRESS TRIBUNE EC--S 00'23" 001 255 OK 15 07/03 15'04 208 888 6700 EC--5 00'23" 001 255 OK 20 07/03 15;09 3810160 EC--S 00'32" 001 255 OK MAYOlt Rnberl D, Conic . - ( <'i)/ ~ ;[ f:' -1 '. ,e{),J.;~ I hK r ULoSe... ?o~ JOY '.' .~ ",",v' . L~G^LDEPAR'rMENT ~ j! (208) 4M-nn . FAX 46G-44tJ5 cM;t:r....u~ It.. ',. '. . '., PARKS & RECREATJON . J .-- ;: u.. (20$) 888.;;s7? F.X 898,5501 erlOil an J',f '\'. PI.JIlLIC: WORKS ~ IDAHO I' aD8) 8%.~~OD . Fa>; 8RJ.l191 F ~. .?'/ OUILOINCi DEPARTMENT " .P' (:l08) S81.2W . Fo< 881.1297 ~ ~ 1'/t~~:M ?LANNlNG &. 7.0NJNG . (2081 88<J.~~J~ . F.. 888.GR~4 cn'Y COUNClI...MEMllERS Tummy llc Wccrd William L. M. Nary Cheri. M,C.mdle" Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of 1he City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 8, 2003 at 6:00 P.M. The Meridian City Council wlll be discussing the following agenda items: - Discussion of One-Way street Petition - Discussion of water bill of Kimberly Knowlton The public is welcome to attend the meeting. DATED this 3rll day of July, 2003. J~ 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642' (208) 888-4433 City Clcr~ OI1'i.c po, (208) 888.4218. Homao R.50or.05I'OX (208) 884.8723 . Fio.oce& Utility Billing Fax (208) 881-4813 ** COMMUNICATIONS REPORT ** AS OF JUL 03 '03 15:20 PAGE.01 CITY OF MERIDIAN TOTAL PRGES TOTAL TIME SEND 0032 SEND 00012'39" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMD1t STRTUS 01 07/03 14:50 92083776449 EC--S 00'22" 001 255 OK 02 07/03 14:51 208 388 6924 EC--S 00'27" 001 255 OK 03 07/03 14:52 2088886854 EC--S 00'23" 001 255 Of< 04 07/03 14:53 12084674538 EC--S 00'23" 001 255 OK 05 07/03 14:54 8950390 EC--S 00'22" 001 255 OK 06 07/03 14:55 Laurel EC--S 00'24" 001 255 OK 07 07/03 14:56 208 387 6393 EC--S 00'22" 001 255 OK 08 07/03 14:57 RDA CTY DEVELMT G3--S 00'40" 001 255 OK 09 07/03 14:58 208-888-5052 EC--S 00'23" 001 255 OK 10 07/03 14:59 CHERRY LRNE EC--S 00'27" 001 255 OK 11 07/03 15:00 POST OFFICE EC--S 00'32" 001 255 OK 12 07/03 15:01 IDAHO ATHLETIC C EC--S 00'22" 001 255 OK 13 07/03 15:02 887 0816 G3--S 00'41" 001 255 OK 14 07/03 15:03 ID PRESS TRIBUNE EC--S 00'23" 001 255 OK 15 07/03 15:04 208 888 6700 EC--S 00'23" 001 255 OK 16 07/03 15:06 3810160 EC--S 00'26" 001 001 OK 17 07/03 15:06 PUBLIC WORKS EC--S 00' 19" 001 001 OK 18 07/03 15:07 12084664405 EC--S 00' 19" 001 001 OK 19 07/03 15:08 8841159 EC--S 00'20" 001 001 OK 20 07/03 15:09 3810160 EC--S 00'32" 001 255 01< 21 07/03 15:10 2088840744 EC--S 00'18" 001 001 OK 22 07/03 15:11 2088467366 EC--S 00'19" 001 001 OK 23 07/03 15:12 8985501 EC--S 00'19" 001 001 OK 24 07/03 15:13 LIBRRRY EC--S 00'21" 001 001 OK 25 07/03 15:14 92083776449 EC--S 00'19" 001 001 O~< 26 07/03 15:14 208 388 6924 EC--S 00'20" 001 001 OK 27 07/03 15:15 2088886854 EC--S 00'18" 001 001 OK 28 07/03 15:16 12084674538 EC--S 00'19" 001 001 OK 29 07/03 15:17 8950390 EC--S 00' 19" 001 001 OK 30 07/03 15:18 Laurel EC--S 00' 19" 001 001 OK 31 07/03 15:19 208 387 6393 EC--S 00' 19" 001 001 OK 32 07/03 15:19 ADR CTY DEVELMT G3--S 00'39" 001 001 OK ** TX coNi ,AT [ON REPORT ** AS OF JUL 03 '03 ._0 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 16 137/133 15:136 381131613 EC--S 130'26" 0131 0131 OK 17 07/133 15:136 PUBLIC WORKS EC--S 1313'19" 001 eel OK 18 07/03 15:137 121384664485 EC--S 0l:l'19" eel 1301 OK 19 07/l:l3 15:08 8841159 EC--S 00'20" 001 001 OK 21 07/03 15:113 213888413744 EC--S 00' 18" eel eel OK 22 07/133 15:11 2088467366 EC--S 0El'19" 1301 eEll OK 23 07/03 15:12 8985501 EC--S 00' 19" 001 0131 OK 24 07/133 15:13 LIBRARY EC--S 00'21" 01:11 1:1131 OK 25 1:17/03 15:14 92083776449 EC--S 00' 19" 001 001 OK 26 137/03 15:14 208 388 6924 EC--S 00'20" 0131 0131 OK 27 07/133 15:152088886854 EC--S 00'18" 001 0131 OK 28 07/03 15:16 12084674538 EC--S 00' 19" 001 001 OK 29 07/133 15:178950390 EC--S 00' 19" 001 13131 OK 30 07/03 15:18 Laurel EC--S 1:10' 19" 01:11 001 OK 31 07/03 15:19 2a8 387 6393 EC--S 00' 19" 0at 001 OK 32 07/03 15:19 ADA CTY DEUELMT G3--S 00'39" 001 001 OK j) u.ecSe.. ?ost W 'PLlbLzcVb-k~ - ThtvV1t:s( CITY OF MERIDIAN PRE-COUNCil MEETING AGENDA Tuesday, July 8, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary _ Cherie McCandless Keith Bird _ Mayor Robert Corrie 2, Adoption of the Agenda: 3. Discussion of One-Way Street Petition: (30 minutes.) 4. Discussion of water bill of Kimberly Knowlton: (10 minutes.) . A.pprox~mate allowable time set for agenda item may change depending on dISCUSSion. Please use the designated time as a guideline only. M<:'i.n.~ City~ !""o.Couneil"'tcoda. July~. 2003 P"~.l orl .'\It m""<iol> pz<<Cll...d '" l'l'btiomcctina' ,b>ll b<romoproport;y orUoc City of MKidi... Anyone dniring lLC'COlYmi.ooutiOfL for disabill[i't8 rc:blod. to ~ andlot h~11p r1ottJ;u coma: the Cily CJcrJc'1l OtIicc.at 8&8-4433 i\l L:nt 41 hours ,priot1o lhc publ~c JlK'eting. ** TX CONFIRMhlJON REPORT ** (... AS OF JUL 03 '0~.L5:37 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDIl STATUS 01 07/1213 15=21 CHERRY LANE EC--S 121121'21" 12101 12101 OK 1212 1217/1213 15=22 POST OFFICE EC--S 121121'26" 1211211 1211211 OK 1213 1217/1213 15=23 IDAHO ATHLETIC C EC--S 121121 ' 19" 1211211 1211211 OK 1214 1217/1213 15=24 887 0816 G3--S 121121'37" eel 12101 OK 1215 1217/1213 15=25 lD PRESS TRIBUNE EC--S 121121'2121" Bel eel OK 1216 1217/1213 15=3121 21218 888 67121121 EC--S 121121'20" eel eel OK 1217 1217/1213 15=37 SANITARY SERVICE ----5 121121'121121" 121121121 eel BUSY [) u.CtSe. 70st :Gr- Vu-btzcVbk&- - (ho.Nl~.! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 8, 2003 at 6;00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary _ Cherie McCandless _ Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of One-Way Street Petition: (30 minutes*) 4. Discussion of water bill of Kimberly Knowlton: (10 minutes*) · ~pproxi.mate allowable time set for agenda item may change depending on diSCUSSIon. Please use the designated time as a guideline only. Morid;", Ci1y Council Pr..Council....sood.a - July~, 2003 P:ig. l of] All m'llorials pr=u.odatpub!iem.<tinlluball b"""tIIc proporty of tho City ofMoridioll. ....."ODc<lairing .ccommoduli"" fill" di~bililiC$ rcluc4 to doCllO:1<Dla O1Id1or h&lrillg$ 1'1.".. COlltO.ct 1M City Clod,'. om"" ot 888-4433 ~I ko.-! 48 h_. prior IG lbe publi~ meeting. ** TX CONFIRMATION REPORT ** I"'~~-.. ( AS OF JUL 08 '0~ 22:41 PAGE.01 CITY OF MERIDIAN 30 31 32 DATE TIME TO/FROM 07/08 22:37 3810160 07/08 22:38 PUBLIC WORKS 07/08 22;40 12084664405 CMDl:I STATUS 072 OK 072 OK 072 OK MODE EC--S EC--S EC--S MIN/SEe PGS 01'17" 002 00'47" 002 00'48" 002 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 8, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd --L Bill Nary ~ Cherie McCandless ~ Keith Bird -A..- Mayor Robert Corrie 2. Adoption of the Agenda: a-j?rpV1L/' 3. Consent Agenda: A. Approve minutes of June 24. 2Q03 City Council Regular Meeting: ~.,.,ov.e.... B. Reimbursement to Havasu Creek. llC. for Water System Construction Costs - Havasu Creek Subdivision No.1: ~ ~0<..- 4. Department Reports A. Public Works Department: 1. Proposed Sewer Re.routing by Tuscanv Development. Inc.: c/~~~"c..r ~€:Jrr~ 5. (Items Moved from Consent Agenda) 6. Tabled from June 24. 2003: Ordinance No. Fence Variance Ordinance: -17-'64:. fo J"td!J 15i UJi) '6 7. Ordinance No. CJ:J -/ t? Z 1 RZ 03-005 Request for a Rezone of 4.738 acres from R-4 to L-O zones for Christ Lutheran Church by Christ Lutheran Church -1406 West Cherry Lane: ~prtJv...e...- S_ Tabled from June 24. 2003: FP 03..033 Request for Final Plat approval of 7 building lots on 14.31 acres in C-G and C-N zones for Devon Park Subdivision by Fairview Lakes LLC. - 824 East Fairview Avenue: arrro v-.c- 9. FP 03.038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: -hv~ 10 .rue'(f Z'lt 2tn?'3 M",;dian Cit)'CDllllcil ABc:ncb.-Jllly~ 1003 1>.lI:C 1 of2 A1lll\llto:rilllllpro;s<l1lod ut public meetints shall hscome property ofthc City .,fMo:ridi:ln. Anyone dcoi.rinc: IlCcommodnliDl1 r.... di>;lbiliries h!1:dDCI to oocumctlS and/or hcario!; ple;lse conuCl Ille City Clork's Offi...., ~t 88&-4433 lit lCAS1. 411 hCll1l'll priori., lbe public meoroll8- ,f'r'-... >PI: TX CONI''., ,AT I ON REPORT ** AS OF JUL 08 '03 r ..- PAGE. 01 ':;;'.... ...-::. CITY OF MERIDIAN DATE TImE - TO/FROM MODE MIN/SEC PGS CMDIl STATUS 01 07/08 22:41 8841159 EC--S 00'47" 002 el72 OK 02 07/08 22:43 2088840744 EC--S 00'47" 002 072 OK el3 el7/elB 22:44 2088467366 EC--S 00'48" 002 1072 OK 04 07/08 22:46 8985501 EC--S 0El'47" 002 072 OK 05 07/08 22:47 LIBRARY EC--S 01'02" 002 072 OK 06 e7/e8 22:48 92083776449 EC--S 00'47" 002 1072 OK 07 e7/e8 22:49 208 388 6924 EC--S El1'013" 002 1372 OK 08 107/<18 22:51 21388886854 EC--S 130'47" 002 1072 OK 09 137/08 22:52 89503913 EC--S 00'46" 002 072 OK 10 07/08 22:54 208 387 6393 EC--S 100'47" 002 1372 OK 11 107/108 22:55 ADA CTY DEVELMT [;3--S 101' 16" 002 072 OK 12 07/138 22:57 2108-888-51052 EC--S 100'47" 0102 el72 OK 13 07/08 22:58 CHERRY LANE EC--S 01'010" 002 072 OK 14 el7/138 23:00 POST OFFICE EC--S 01'17" 1002 072 OK 15 07/08 23:102 IDAHO ATHLETIC C EC--S 00'48" 002 1072 OK 16 07/e8 23'03 ID PRESS TRIBUNE EC--S 00'47" 002 072 OK 17 137/08 23'04 208 888 6700 EC--S el0' 47" 002 072 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 8, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ~ Bill Nary ~ Cherie McCandless ~ Keith Bird -JS:.- Mayor Robert Corrie 2. Adoption ofthe Agenda: (Lfrtl~ 3. Consent Agenda: A. Approve minutes of June 24, 2003 City Council Regular Meeting: a;vjffYOv~ B. Reimbursement to Havasu Creek. LLC. for Water System Construction Costs - Havasu Creek Subdivision No.1: ~ rev-<..- 4. Department Reports A. Public Works Department: 1. Proposed Sewer Re-routing by Tuscanv Development. Inc.: c/f.t/ tFhfrr..# --'J ~u iti 1Y>--o 5. (Items Moved from Consent Agenda) 6. Tabled from June 24, 2003: Ordinance No. Fence Variance Ordinance: -h-'~ 'hJ JtdJ I fii UJO ~ 7. Ordinance No. tJ 3 -/ t? 21 RZ 03-005 Request for a Rezone of 4.738 acres from R-4 to L-O zones for Christ Lutheran Church by Christ Lutheran Church -1406 West Cherry Lane: ~)'T'"TJV""- 8. Tabled from June 24, 2003: FP 03-033 Request for Final Plat approval of 7 building Jots on 14.31 acres in CoG and C-N zones for Devon Park Subdivision by Fairview Lakes L.L.C. - 824 East Fairview Avenue: arr"'v.e- 9. FP 03.038 Request to amend conditions of approval on the final plat for Packard Acres NO.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: -hv~ 10 Jod't 2-~ '2003 Moridian C;'YCOUJ~1 ASCOd>.-July ll. 2UU3 1'_&< I on A11_orilll> pm<tllotl ol public ""Olin&< ,hall b.como prop<rtyoft.bo City .rMori<li>n. Anyone:: dcsirin.c -aC:oi;;o.rmnodaLion for dOObilities relllod 10 OOCUmrotl on.dl.or hc:::uiD; pI.... <OJl\.lct Ill. City ClO1k'. Offi.... SS8-4433llt 1_~ hours prior I. the publ,......une, Item Packet Pickup MEETING DATE: July 8,.2003 City Council td, s-I.J ~e.. (n'f- k /:30 July 18,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT July 22, 2003 ITEM NO. L4- 6 REQUEST Approve minutes of July 8, 2003 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. . CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 8, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of June 24, 2003 City Council Regular Meeting: Approve B. Reimbursement to Havasu Creek. LLC, for Water System Construction Costs - Havasu Creek Subdivision No.1: Approve 4. Department Reports: A. Public Works Department: 1. Proposed Sewer Re-routing by Tuscanv Development. Inc.: City Engineers Decision 5. (Items Moved from Consent Agenda): 6. Tabled from June 24, 2003: Ordinance No. Fence Variance Ordinance: Table to July 15, 2003 Meeting 7. Ordinance No. 03-1029 : RZ 03-005 Request for a Rezone of 4.738 acres from R-4 to L-Q zones for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: Approve 8. Tabled from June 24, 2003: FP 03-033 Request for Final Plat approval of 7 building lots on 14.31 acres in C-G and C-N zones for Devon Park Subdivision by Fairview Lakes L.L.C. - 824 East Fairview Avenue: Approve Melidian City Council Agenda -July 8, 2003 Page 1 of3 All materials presented at public meetings shall become propelty of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 9. FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: Table to July 22,2003 Meeting 10. FP 03-039 Request for final plat approval of 96 building lots and 7 other lots on 38.59 acres in a R-4 zone for Cedar Springs Subdivision No.3 by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Approve 11. Public Hearing: VAR 03-017 Request for a Variance to the cul-de-sac length requirements in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: PP 03-011 Request for Preliminary Plat approval of 161 building lots and 25 other lots on 39.15 acres in a proposed R-8(PD) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Slue Heron Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: CUP 03-021 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, and house sizes in a proposed R-8(PD) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Slue Heron Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: AZ 03-008 Request for annexation and zoning of 34.52 acres from RUT to R-8 zones for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Slack Cat Road: Continue Public Hearing to July 15, 2003 Meeting 16. Public Hearing: PP 03-008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, Meridian City Council Agenda -July 8, 2003 Page 2 of3 All matelials presented at public meetings shall become propel1y of tile City of Meridian, Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours plior to the public meeting. LLC - northwest corner of West Ustick Road and North Black Cat Road: Continue Public Hearing to July 15, 2003 Meeting 17. Public Hearing: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: Continue Public Hearing to July 15, 2003 Meeting Meridian City Council Agenda -July 8, 2003 Page 3 of3 All matelials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting, Meridian City Council Meeting July 8. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, July 8, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, Keith Bird and Cherie McCandless Others Present: Nick Wollen, Brad Watson, Anna Powell, Dean Willis, and Will Berg. Item 1. Roll Call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Well, then, I will open the Meridian City Council Regular Meeting on Tuesday, July 8, 2003, at 7:05 P.M. I want to welcome everybody here this evening and at this time, I would like to have the City Clerk give roll call, please. Item 2. Adoption of the Agenda; Corrie: Thank you. The second on the agenda is the adoption of the agenda. Council, are there any additions or corrections that need to be made at this time? Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Only the change in Item Number 6 to July 15th. Corrie: Okay. That will be the new fence Variance Ordinance will be tabled until the 15th of July. All right. Hearing none other, I will entertain a motion to accept the agenda as corrected. De Weerd: So moved. Bird: Second. Corrie: Okay. Motion has been made and seconded to accept the agenda as corrected, any further discussion? All those in favor say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: Meridian City Council Meeting July 8, 2003 Page 2 of 58 A. Approve minutes of June 24,2003 City Council Regular Meeting: B. Reimbursement to Havasu Creek, LLC, for Water System Construction Costs - Havasu Creek Subdivision No.1: Corrie: Consent Agenda. We have two items under the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda. Any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Public Works Department: Proposed Sewer Re-routing by Tuscany Development, Inc.: Corrie: Item Number 4 is Department Reports. Public Works, proposed sewer rerouting by Tuscany Development, Inc. Watson: Thank you, Mr. Mayor and Council Members. The computer is evidently not going to cooperate with me. You do have a map in your packets, I believe, that shows what was going to be up on the screen. This is one of those rare situations where a water and sewer routing issue isn't resolved amongst staff and the consultant or the developer. This issue revolves around the Tuscany Lakes complex of projects, which includes Messina Hills, Messina Village. This project -- the Preliminary Plat for this project was approved about a year ago in July of 2002. We have gone through quite a bit of plan review and back and forth over the year to the point where those plans were ultimately approved early this spring. The Preliminary Plat sewer plan showed sewer coming from the Meridian Greens area down to Victory Road, east to the intersection with Locust Grove Road and, then, south on Locust Grove and, then, into the project. That was what was modeled, that's what the project was approved on. One thing to point out is that there were two alternate alignments already approved with that Meridian City Council Meeting July 8, 2003 Page 3 of 58 Preliminary Plat. One of them -- I really wish I had this up, so I could point it out to you, but one of the alternative alignments was right where the project takes off from Meridian Greens, they ended up taking it through an undeveloped parcel, rather than a county subdivision, which was fine, we said that was okay. The other major variation that they have is that they run the trunk through their project to service the area over near Victory and Eagle Road. These projects were approved, construction was started I think in somewhere around March. About mid March we received a request to alter the sewer alignment, so that it no longer went down Victory Road to Locust Grove and, then, south, but, rather, cuts across a piece of property that they were hoping to purchase and develop, that property is approximately 35 acres or so south and west of the intersection. In your packet you will see a letter that I wrote to Briggs Engineering and Westpark listing reasons why we weren't going to consider that alternate alignment. I understand the major reasons from the developer are that, one, they would save money by, for lack of a better word, cutting the corner and, two, restrictions by ACHD on roadwork within Victory Road. I confirmed with Ada County Highway District yesterday that their work is restricted to weekends only, because of the Overland Road rebuild project, and I think the gentleman's name was Brian Hewey at ACHD, said that they wouldn't be able to work in Victory Road during the week until that project was significantly buttoned up, which was around the end of August or first of September. About a week -- about a month ago this issue was raised by the developer again, likely because the plats were in my office for signature. I have signed the Messina Village plat and it should be at the Ada county surveyor right now. The Messina Hills plat is still in my office. Building Permits would probably be requested sometime mid August on the Messina Village project and as of right now there is no sewer in the ground to serve those. There is an approved set of plans that shows the sewer coming along Victory to the intersection of Locust Grove Road and I guess they are hoping that Council will direct me to accept those plans. I haven't accepted them, because of the reasons outlined in that April 2nd letter, and I can go into those a little bit more. The one reason is Number 3 on the list it had to do with our hesitancy to approve a plan going through a subdivision that hadn't even been submitted yet, because we don't know where those streets are going to end up. They have submitted that application, although it hasn't come to City Council yet. We are here seeking a little direction, I guess. There are quite a few interested folks out in that neighborhood, who I believe are here tonight. I understand this isn't a Public Hearing and I think most of them understand that this isn't a Public Hearing, but I said that I would point out to you that they are here tonight they are very interested in this proposal, and not in a positive way, from what I gather. I hope I haven't left anything out. This is a year long story, so I probably have. If you have any questions, I would be glad to answer those. I know Mr. Dean Briggs is here representing the developer and he could answer any questions you might have from that side. Corrie: Brad, would you suggest a Public Hearing on this, because of the controversy? Watson: Well, I think my recommendation would be that -- and I'm not sure what forum it would take. Perhaps counsel could help us -- help me with that, but the Public Hearing on the Preliminary Plat, the sewer was going to go along Victory Road to that intersection. No one testified one way or another on the sewer that I could find. I think Meridian City Council Meeting July 8, 2003 Page 4 of 58 if this had been part of the Preliminary Plat application, it, perhaps, would have had testimony. I think just from my personal view that there should be some public input allowed at some point before this is approved. Corrie: Before it's changed. Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, what is on the -- our map here? It was on the Preliminary Plat. What about the Final Plat? Watson: Councilman Bird, Mayor, and Council Members, the Final Plat doesn't generally ever show -- Bird: The sewer. Watson: Well, particularly, the off-site sewer, because the Final Plat just has to do with what's in the bounds of that subdivision. Bird: Well, the thing J -- the question I have got is why are we bringing it forward? The developer should have brought this Variance or something forward, not our -- you made a ruling as a department and you did it, because that's the way you had the sewer line set up. That's the way it went through the Preliminary Plat. I would have to have some awful, awful good reasons to change it from the Preliminary Plat myself. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I agree with Councilman Bird. It's just like these next item that we -- one of the items we have tonight is to change conditions on an application and what the findings are. Without it going up and being considered under Public Hearing process, you know, I think this is premature. I guess you just want to know if we would consider the change? Watson: From -- Council Member de Weerd, from what -- from my viewpoint I guess there are two options. The first one is that you just direct me to a status quo, more or less backup my so-called ruling, I guess. Number 2 is to have another Public Hearing. De Weerd: Well, I think status quo has been shown, in particular with Wingate, is if something needs to change on the original findings, it needs to go back through the process and so your original finding should stand, unless they want to come back and re-apply or at least challenge that one condition and that would have to go through the public process. Meridian City Council Meeting July 8. 2003 Page 5 of 58 Watson: Okay. Corrie: Any other comments, CouncH? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I guess, Brad, I was -- one thing I guess I didn't hear, but I wanted to be clear, is that when -- what I thought you were saying or what I guess I understood is there is sometimes in this Preliminary Plat stage that some of these things change to a slight degree. I think what I was understanding you saying is this is much more than that, this is a significant change from what was originally contemplated and you have made a decision as the city engineer not to approve those changes without either our input or another Public Hearing. Is that right? Watson: That's absolutely correct, Councilman Nary. Nary: And I guess I would concur with both Councilman Bird and Council Member de Weerd, that, you know, if the applicant wants to -- wants us to re-hear it, then, they need to ask for that. Other than that, what you have decided is within your authority to do that and if they want us to reconsider it and have a Public Hearing to revise the Preliminary Plat, I think would be the process, to reconsider these issues, we can have a Public Hearing. I certainly am not ready to decide that they can't have it or that they can, I just think if you want to have a hearing, they can apply for it and request it and we will have a hearing. Corrie: Okay. Any other comments? McCandless: Mr. Mayor, I would concur. Powell: Mr. Mayor, Members of the Council, just to clarify, I believe what the city attorney is telling us these days is that if they do want to change any of those conditions of approval, they can request those changes through Final Plat process, but, then, we open up Final Plat to a hearing, rather than just to a meeting. Watson: And, Mr. Mayor, if I could just clarify on last thing, is that this specific routing wasn't a specific condition in the Preliminary Plat. Those are boilerplate conditions that say they will coordinate sewer routing and sizing with Public Works staff. It's not a specific thing that can be overturned. Corrie: Okay. Nary: But we are saying we agree with your authority to do it. If they are saying we don't agree with the City Engineer, then, they have got to come back here and ask us to do that. Meridian City Council Meeting July 8, 2003 Page 6 of 58 Watson: Correct. Thank you. I understand. Corrie: Thank you. Okay. Do you want to get the information from him? Is that what your -- what's your point of information going to be? Come up here, we need you on the record. Name and address, please. Liddell: ['m Russ Liddell, 1777 East Victory, on the corner -- southeast corner of Locust Grove and Victory. The point of information is a what if question, Your Honor, and that is should there be a request for a Public Hearing, what's the timing on that, and is that someway fast tracked or does that go through the normal process? Corrie: Goes through the process. Liddell: Two or three times and several months? Corrie: Just like the original and you will be notified of the Public Hearing, when it is, and the same time as we always do. It will be the same process. Liddell: Very Good. This was a significant change. Item 5. (Items Moved from Consent Agenda) Corrie: Okay. Thank you. Okay. There was no items moved from the Consent Agenda, so we are on Item 5, which is a - Item 6. Tabled from June 24, 2003: Ordinance No. Fence Variance Ordinance: Corrie: All right. On Number 6, is an ordinance for a fence Variance Ordinance and we have been asked to table that until the 15th of July, so I will entertain a motion to do so. McCandless: Mr. Mayor? Corrie: Mr. McCandless. McCandless: I move that we move the ordinance -- the fence Variance Ordinance from tonight's agenda to July 15th. Nary: Second. Corrie: Okay. Motion has been made and seconded to table the fence Variance ordinance until 15th of July. Any other discussion? Bird: Mr. Mayor, that was 2003, wasn't it? Corrie: Yes. I'm sorry. McCandless: Yes. Meridian City Council Meeting July 8, 2003 Page 7 of 58 De Weerd: No 2004, because she has to stay on there until then. Bird: I thought you wanted to serve another year. Corrie: It will be 2006 and we will all be here. All right. All in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 7. Ordinance No. RZ 03-005 Request for a Rezone of 4.738 acres from R-4 to L-O zones for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: Corrie: Ordinance Number 03-1029 is a request for a Rezone of 4.738 acres from an R-4 to an L-O zone for Christ Lutheran Church by Christ Lutheran Church 1406 West Cherry Lane. At this time I would like to have, the City Clerk read Ordinance Number 03-1029 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1029. An ordinance finding, that the owner of Christ Lutheran Church of certain real property has made a written request for a Rezone of the zoning classification for real property located at 1406 West Cherry Lane, Meridian, Idaho, and lies within the boundaries of the City of Meridian from R-4, Low Density Residential District, zoning district, to L-O, Limited Office District, as defined under Meridian City Code, Section 11-7-2G, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: All right. The public has heard the reading of Ordinance Number 03-1029 by title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion on the request for Rezone ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approved Ordinance 03-1029, request for a Rezone of 4.73 acres from R-4 to L-O zones for Christ Lutheran Church and ask the Mayor to sign and the Clerk attest, with suspension of rules. Nary: Second. Corrie: All right. Motion has been made and seconded to adopt Ordinance Number 03- 1029, with suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeting July 8, 2003 Page 8 of 58 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 8. Tabled from June 24J 2003: FP 03-033 Request for Final Plat approval of 7 building lots on 14.31 acres in C-G and C-N zones for Devon Park Subdivision by Fairview Lakes L.L.C. - 824 East Fairview Avenue: Corrie: Item Number 8 is tabled from June 24, 2003, FP 03-033, request for Final Plat approval of seven building lots on 14.31 acres in a C-G and C-N zone for Devon Park Subdivision by Fairview Lakes, LLC, 825 East Fairview Avenue. I will entertain staff comments first. Powell: Mr. Mayor, Members of the Council, this -- this property is located along Fairview. It's one of the larger in-fill properties left on Fairview there. You have seen this a number of times now. Last week you approved the new Preliminary Plat for the northern portion of the property, so - okay, in this portion here. This is the preliminary -- or this is the Final Plat for the southern portion of that property. The primary purpose of platting this property at this time is to get this road to the northern portion of the property. Because that's really the driving force along here, there is another -- is a number of issues related to this Final Plat that we have worked out with the applicant, but that it gets a bit confusing. What they have proposed in Lot 3, as far as the lot configurations, is not consistent with the approved Preliminary Plat. The applicant has, however, submitted a letter stating that they are aware of that and that they will not be able to develop those lots until they have an approved Planned Development that reflects development of these lots. Basically, they are asking for Final Plat before they are coming through with the Planned Development to you. That's issue Number 1. This lot was, actually, on the Planned Development that you approved last week as being this corner down here. This is what you looked at last week. This is that -- this lot is part of the Final Plat of Devon Park Subdivision NO.1. Then, again, just to refresh your memory, what they want to do is see how successful this is and, then, they will mirror that on this side and they will probably bring that all in with the remainder of Devon Park No.1. That would come back in with the property up here and, then, down here and around like that. Because it's still kind of up in the air as to how he's going to develop the interior of the property, he's asked to only install the frontage landscaping at this time, so he would provide the landscaping along Fairview, along his interior street here, and, then, on Carol Street as it stubs into the surrounding neighborhoods. The remainder of the landscaping, being here to the east and here to the west, would be done when the -- when these lots were developed with the buildings. They would be tied to certificate of occupancies, rather than the Final Plat. If you decide to let him do that, there is a modification -- we have provided the wording for a modification to condition of approval Number 3 and I believe that the clerk gave that to you on a piece of paper. Corrie: Yes, he did. Meridian City Council Meeting July 8, 2003 Page 9 of 58 Powell; So -- and that's the end of those -- the issues for that Final Plat. It's taken us awhile -- it's taken us a number of weeks to get this all worked out, but I think we feel fairly comfortable with the way it's going through, if you're comfortable with allowing lots to go through that don't have an approved preliminary yet, but there is a letter in the file stating that he understands that. I think it's the third Planned Development that would come through on this piece of property, but -- Corrie: Okay. Any questions of Anna? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Anna, it's not how comfortable we feel, how comfortable do you and the staff, Public Works staff feel? I mean this is something -- they are wanting a Final Plat before the Planned Development and they want do all this stuff without it. What if they are not the developers that do rest? What if it's sold to another developer and that happens quite frequently. Powell: They have not asked for more lots than they were approved for in the Preliminary Plat. Bird: Yes. I understand that. Powell: So, there is the possibility that you could do lot line adjustments to get back to the original that was approved. One of the conditions of approval is that the services also would not be provided to each individual lot at this time, but, again, that would be done when those buildings came in for development, so that that was -- Bird: I just have a hard time playing with a Final Plat, because it seems like we always get hung out to dry when we do and -- but if -- you know, if the staff feels comfortable with it, I -- I just -- I know you guys will take care of it. I trust you, but, you know, we want to remember that they might not be -- this group might not be the developers for the other part of the parcel. Powell: Mr. Mayor, Council Member Bird, one option that we did consider was to just have them plat all of Block 3 as a single lot and all of Block 1 as single lot at this time, thereby, basically, forcing them to come in and re-plat if that did change ownership and that's certainly -- Bird: Did the applicant agree to that? Powell: Well, he preferred to try it this way, but I think that -- Corrie: We could find out. Meridian City Council Meeting July 8, 2003 Page 10 of 58 Bird: He's here. We'll find out. Powell: Yes. That might be an option. Corrie: Very good. Bird: What do you feel the most comfortable with, Anna? Powell: Well, the differences on Block 1 were fairly minor. I'm not uncomfortable with that. When I had them write the letter it was specifically about Block 3, because the Planned Development that they -- the concept that they have for that area is fairly different than what was approved, so Block 3 would be my lesser comfort level. Bird: Okay. Thank you very much. Corrie: Any other questions? Okay. Is the developer's representative here this evening? You don't have to be sworn in, just how do you feel about the comments that she made and are you willing to do that or what's your pleasure? Tamura: Mr. Mayor, Members of the Council, my name is Doug Tamura. My address is 499 Main Street. Corrie: Thank you, Doug. Tamura: We are the owners and developers of this project. When we originally started working with staff on this, it was kind of directed that we do the plat accordingly. One of the things that we did was we met with staff and Anna and with Public Works and discussed the option of redoing it and taking all of the lots off and just doing the road, but they were thinking that for us to do that we would have to start over. What we submitted was -- you know, it was our understanding all along that what we have is just a conceptual plan approved zoning wise on our commercial property, that all we have, really, is just the underlying commercial zone, that it still requires a detailed conditional use before we can build anything on those property lines. The other thing that we understand is we knew that we could do lot line adjustments, that we could go ahead and lot line adjust the configuration of our lots prior to Final Platting, as long as we didn't increase the number of lots that we had. What we are planning on doing is that we are going to ask for three out pads when we come in for our detailed Conditional Use. Currently right now we understand that we have got non-buildable commercial lots. We are planning on coming in probably -- we are in negotiations with two major tenants right now. We are hoping that we will have letters of intent within the next week and so by August we are planning on submitting a detailed conditional use on our commercial portion of the property. It's our preference to kind of press ahead as we are heading. The one thing that we are pushing real hard to do -- you know, we applied for a miscellaneous application to provide a temporary private road on our north retail avenue, because we have had a lot of interest on the office buildings. We are getting ready to submit two or three Building Permits to start the office portion of it, so it's critical for us right now to keep pressing ahead where we can go ahead and put roads and Meridian City Council Meeting July 8, 2003 Page 11 of 58 utilities and start the office portion of what we are doing. We have got all our submittals into both the city and to. the Highway District in regards to the signal and the road construction and I think the only thing that -- as far as the conditions of approval, we concur with everything that the staff had. There was one minor item that I would like to point out to see what Council's feelings are. The one item is on Item 6-0 and Sonya had required us to put an additional tree, which is this Lot 1 of Block 1, right along in this area here. The one thing that we'd like to request is that we delete that one condition, because what the plan was is -- and we are not real sure exactly where these curb cuts fall, but we'd like to create a boulevard all the way up to the end of the cul-de-sac. We'd like to pair it, so that both the trees on both sides match all the way down and, then, the street lights match all the way down and by, you know, incorporating that additional tree, it might not give us that pattern we are requesting. In lieu of asking that favor, what we did do is we felt that the other thing that was real important was that we buffer those neighbors real well. Particularly, the people along Settler's Village, and so on our Site Plan we showed that we are willing to go ahead and space our trees at 30 feet on center in lieu of deleting that one tree on that one block. The other thing is a housekeeping item, because I notice that the same condition that I requested be deleted on our Preliminary Plat on Devon Park 2, Item Number 19, where it refers to 35 foot wide landscape buffers that do not include the ten feet of right of way. Again, I think -- the only thing I could think of was the right of way issue on Fairview that I think we have got worked out with the Highway District that we are not going to dedicate the additional 1 0 feet. Again, delete Item Number 19. Corrie: Okay. Tamura: Yes, it's our intent to go ahead -- press ahead with commercial development and leave everything kind of as is, status quo, and just know that we understand that it's not buildable. Corrie: Okay. Any questions from Council? Bird: Yes. Doug. Corrie: Mr. Bird. Bird: Anna has some problems with Lot 3, as you understand. Do you believe we can work something out, get something in, so that we are covered regardless of who the developer is? Tamura: Yes. Hopefully, our goal is within the next 60 days we will have a detailed plan submitted on that whole Block 3 for you to review. Bird: Does that satisfy you, Anna? Powell: Yes. That's fine. Bird: Okay. Thank you. Meridian City Council Meeting July 8. 2003 Page 12 of 58 Powell: Mr. Mayor, Members of the Council, if I could ask the applicant to explain his comments on Condition Number 19 again. I didn't understand it. Tamura: I believe Condition 19 is -- originally, when we did the right of way on Fairview, the Highway District requested that we deed some additional right of way. What we did is I met with Gary Inselman with Ada County Highway District and the only addition -- the only reason for the additional right of way was to incorporate the sidewalk. I told him that what might work the best is we were going to do a meandering sidewalk inside of our landscaping strip anyway and that we were going to request a License Agreement. The thing that seemed like would be the best is, one, the Highway District wouldn't have to purchase additional right of way, we'd do a License Agreement, put the sidewalk in our landscape buffer, and so the requirement of an additional 10 feet right of way went away. The other thing is we are showing a 30-foot -- the required landscape buffer along Fairview is 30 feet and so the notes that are requested to change here in the Final Plat reflect a 30-foot landscape buffer along Fairview with no additional right of way. I think that 45 feet was from the original Preliminary Plat way back when we were showing a 35-foot landscape buffer, plus a 10-foot right of way take from the Highway District. Powell: So, Mr. Mayor, Members of the Council, my understanding, then, is that the Preliminary Plat was approved with a 45-foot landscape buffer and you are now asking for a 3D-foot landscape buffer? Tamura: But that included a 10-foot right of way take. Powell; Again, the Preliminary Plat was approved with the landscape buffer drawn at a line that was 45 feet from the centerline of the road. Tamura: Well, actually, from the centerline of the road the -- Fairview right now has an existing 100 foot right of way. Powell: Oh, I'm sorry, from the edge of your property. I think staff would like to see Condition Number 19 stay in there to maintain at least a 35-foot landscape buffer as was shown on the Preliminary Plat. Tamura: If you refer to condition -- Condition 18, staff, it talked about -- because we have got the landscape buffer shown on our plat and it said to correct it from the 30 -- from 35 to 30. Powell: Yes. Mr. Mayor, Members of the Council. Obviously, there is conflicting information there, so I think that -- I'm not fully appraised of what's going on there, but I -- I suspect that -- Tamura: We call that a 30-foot landscape all along Fairview and the scale is 30 feet, but for some reason our engineer didn't change this note right here and left it at 35 feet Meridian City Council Meeting July 8, 2003 Page 13 of 58 and it calls it out as 30 and she was just clarifying that we need to change that note to comply with our -- Powell: Mr. Mayor, Members of the Council, it would appear that Number 19 needs to be deleted. Corrie: Thank you. Tamura: Thank you. Corrie: Any questions of Doug? Bird: I have none. Thank you. Corrie: Thank you. Okay. Any other questions or discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had one question for Anna. Mr. Tamura asked about amending I think Number 6 on the Landscape Plan about this one tree, but -- so what would we be amending it to? It says a detailed Landscape Plan must be submitted. Is he saying just delete that -- I guess I'm not sure that's deleting that. Powell: Mr. Mayor, Members of the -- Council Member Nary, he wanted to specifically delete 6-D, which says that one additional tree will be required. Nary: I must be looking at a different 6-D. De Weerd: It's on Page 3. Bird: Yes. McCandless: Here it is right here. Bird: 6-D. No, that's -- Corrie: 6-E? De Weerd: D as in dog. Nary: Mine says a detailed Landscape Plan must be submitted for the required 25-foot buffer. De Weerd: You're on the wrong one. Meridian City Council Meeting July 8, 2003 Page 14 of 58 Corrie: So am l. I'm on the wrong one, too. Number 6. Oh. Okay. One additional tree will be required for adjacent -- I guess I can read English, too. All right. Bird: Additional trees will be required in landscape buffer adjacent to the -- Nary: As long as you guys all got it, that's fine. Corrie: Well, you guys have eagle eyes, so -- Nary: All right. I'm good. Powell: This project seems to breed confusion. Corrie: Any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess -- I think that seems like a reasonable request, to put it into the perimeter. Okay. Powell: Staff would agree. De Weerd: Okay. Wollen: Mr. Mayor, Members of the Council, I believe we have conflicting reports here. I have the July 2nd report by staff, which on page three of that report, 6-0, states one additional tree will be required adjacent to the east boundary of Lot 1, et cetera. I believe that's the most recent report we have. De Weerd: That's what we are talking about. Wollen: Okay. There is another one that has 6-8, with June 19, 2003. I think -- I believe we just have some different reports, so I just wanted to clarify which one we are deleting. Bird: So, we are going off of the July 2nd -- Nary: Right. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would make a motion that we approve the request for Final Plat of FP 03- 033 of seven building lots on 14.31 acres in a C-G and C-N zone for Devon Park Meridian City Council Meeting July 8. 2003 Page 15 of 58 Subdivision -- or Devon Park Subdivision and to delete Item 19. Modify Item 6-0 to allow them to move the' additional tree into the perimeter landscaping and to -- I guess staff felt comfortable with Block 3, so ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. What one are we going off of? De Weerd: And we are using staff comments of July 2nd and to include the Item 8 modification that was received on July 8th regarding approval Number 3. Bird: Second agrees. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved, Final Plat. MOTION CARRIED: ALL AYES Item 9. FP 03-038 Request to amend conditions of approval on the Final Plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: Corrie: Item Number 9 is a Final Plat 03-038, request to amend conditions of approval on a Final Plat for Packard Acres NO.2 by the City of Meridian, east of North Wingate Lane and south of East Ustick Road. Anna. Powell: Mr. Mayor, Members of the Council, my understanding was that this was noticed for July 22nd, so we are tabling it to that date. Corrie: That answers our questions up here doesn't it, so it's July 22nd. Berg: For Public Hearing. Powell: Yes. Corrie: That answers a big question we had up here. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we table Item Number 9, the request to amend conditions of approval on the Final Plat for Packard Acres No.2 to July 22,2003. Meridian City Council Meeting July 8, 2003 Page 16 of 58 Bird: Second. Corrie: Okay. You have heard the motion to table it until the 22nd of July for the Public Hearing. Any other discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Powell: And, Mr. Mayor, Members of the Council, I did want to say that it wasn't the clerk's office, it's just that because this was a special item we didn't inform them until it was a little too late that they needed to send out public notice, so it was a coordination problem. We'll do better next time. Corrie: We are having so much fun up here blaming the City Clerk that we'll take that under advisement. Powell: Okay. Item 10. FP 03-039 Request for Final Plat approval of 96 building lots and 7 other lots on 38.59 acres in a R-4 zone for Cedar Springs Subdivision No.3 by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Corrie: All right. Number 10. This is a request for Final Plat approval of 96 building lots and seven other lots on 38.59 acres in an R-4 zone for Cedar Springs Subdivision No.3 by Howell-Murdoch Development Corporation, south of West McMillan Road and west of North Meridian Road. Anna. Powell: Mr. Mayor, Members of the Council, this is the third in the series of Final Plats for this subdivision that wraps around the city park at Ustick and Meridian Road. It is presented to you here in two pieces. There is a portion along the western boundary of the northwestern portion and, then, there is a single lot for a school site below that, south of that. The Preliminary Plat -- or the Final Plat is consistent with the approved Preliminary Plat. These are the landscaped areas. Really, we didn't have any issues. It was consistent with the approved preliminary. You did receive a revised Landscape Plan today that we received just little bit before 5:00, so -- staff as no further comments. Corrie: All right. Thank you. Is the applicant or representative here this evening? We will get you on record that -- if you have any comments. Fluke: Mr. Mayor, Members of the Council, Darin Fluke, JUB Engineers, 250 South Beachwood in Boise. We are fine with the conditions as written. Corrie: Thank you. Council, any other questions? All right. I will entertain a motion, then, on the request for Final Plat approval. Bird: Mr. Mayor? Meridian City Council Meeting July 8, 2003 Page 17 of 58 Corrie: Mr. Bird. Bird: I move that we approve the request for Final Plat approval of 96 building lots and seven other lots on 38.59 acres in an R-4 zone for Cedar Springs Subdivision NO.3 by Howell-Murdoch Development Corp. South of West McMillan Road and west of North Meridian Road, with staff comments incorporated and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat of -- Final Plat 03-039 for Cedar Springs Subdivision NO.3. Any further discussion? Hearing none, roll call. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 11. Public Hearing: V AR 03-017 Request for a Variance to the cul-de-sac length requirements in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: Corrie: Public Hearing is number -- Item Number 11 for a Variance, 03-017. This is a request for a Variance due to the cul-de-sac length measurement requirements in an R- 4 zone for Bear Creek No. 7 by Bear Creek, LLC, north of West Victory Road and east of South Stoddard Road. At this time I will open the Public Hearing and invite staff's comments first. Powell: Mr. Mayor, Members of the Council, you approved a new Preliminary Plat on this application, I believe it was last week, and there was some question as to whether or not you needed to see the Variance and, indeed, you did. The original approval looked something like this and it may have been a tad bit over 450 feet with the hammerhead turnaround. We didn't catch it at that time and require a Variance, but, as you can tell, it has gotten longer, because they have kind of straightened it out, so it is considerably longer. This is a case where a Variance is warranted staff feels. The connection, if they were to punch that correction through to Victory Road in that location, because there is a significant grade change from Stoddard along Victory down to the Ridenbaugh, it would be an unsafe location to punch out a second street, so there are topographic constraints that would warrant issuing a Variance on this property. That's all staff has to say at this point. Corrie: Is the representative for the Bear Creek No. 7 here this evening? Briggs: Dean Briggs. Meridian City Council Meeting July 8, 2003 Page 18 of 58 Corrie: Raise your right hand. Is the testimony you are about to give the Council the truth, the whole truth, and "nothing but the truth, so help you God? Briggs: It is. Corrie: Okay. Thank you. Briggs: Dean Briggs, Briggs Engineering. We really don't have anything to add, unless you have some questions. Corrie: Okay. Questions from Council? Okay. Thank you, Dean. Anyone else from the public that would like to issue testimony in this Bear Creek NO.7? Okay. Hearing none, thank you. Council, anything on the Public Hearing to discuss? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. Bird: Second. Nary: Second. Corrie: Motion made and seconded to close the Public Hearing on Item Number -- Variance 03-017, Item Number 11. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I believe through looking at staff comments that they meet all the criteria to - - for this Variance and so I would make a motion that we approve the request for Variance for Bear Creek No. 7 and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Variance. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. i Meridian City Council Meeting July 8, 2003 Page 19 of 58 MOTION CARRIED: ALL AYES Item 12. Item 13. Item 14. Public Hearing: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-B (PO) zones for proposed Trailway Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Public Hearing: PP 03-011 Request for Preliminary Plat approval of 161 building lots and 25 other lots on 39.15 acres in a proposed R-B (PO) zone for proposed Trailway Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Public Hearing: CUP 03-021 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, and house sizes in a proposed R-8 (PO) zone for proposed Trailway Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Corrie: Item Numbers 12, 13, and 14 are Public Hearings on Trailway Park Subdivision. One is AZ 03-010, a request for annexation and zoning of 39.15 acres from an RUT to R-8 PD zones for the Trailway Park Subdivision. The second Public Hearing is the Preliminary Plat approval of 161 lots -- building lots and 25 other lots on 39.15 acres. And the third part is a CUP, request for Conditional Use Permit for a Planned Development for single family residential use with reduced setbacks, lot sizes, front -- lot frontages and house sizes in a proposed R-8 PO zone for the proposed Trailway Park Subdivision. With the Council's approval, we will open all three public hearings, 12, 13 and 14, and take testimony on all three of them and we will start out with staff comments first. Powell: Mr. Mayor, Members of the Council, as you can tell from the overhead, this is an in-fill development. The property has no less than six stub streets, two from the west, two from the north, and two from the east. There is an existing use here for a meat packing facility that is still within the county and, then, this is the large in-fill project that's before you tonight. Again, you can see the level of development. There is -- the meat packing facility is here. This large piece of property is apartments. You also have apartments in this area. Then, single-family homes in this area. These appear to be mobile homes down here. One issue of concern that came up was the property owned by the meat packing facility, which are these two properties. Forgive me, I'm not, -- I can't recall if this is included as well, but these are the two properties. There is a lagoon here and here. This is kind of the secondary lagoon this is the primary one, where they do wash out their facilities. The effluent goes underneath and into this first lagoon here. This is the proposed development. The drain comes through the property here providing a constraint. In addition to all of the stub streets, there is the additional constraint of having a drain -- a major drainage facility comes through the property. The applicants have proposed some attached units to the west and the remainder of the Meridian City Council Meeting July 8, 2003 Page 20 of 58 property is single-family detached units, There is a park at the center of the property for the common area. They are proposing to pipe the drain just through this area here. It would remain open on the other portions of the property and, then, they would relocate it. Currently it runs at a diagonal here and they'd relocate it to the property line on this side. At the Planning and Zoning Commission there was quite a bit of testimony from the surrounding neighbors. They were concerned with traffic and cut-through traffic through their neighborhoods and the Planning and Zoning Commission was able to address quite a bit of their concerns. They also had concerns about irrigation that the Planning and Zoning Commission was able to address. There were a couple of issues with staff. Originally, we had requested that the applicant provide a 35-foot landscape buffer on the attached units to the west end of the property located there, because of the proximity to what was deemed an industrial use. The landscape ordinance requires a 35 foot buffer and there was a -- there was an opinion from the city attorney that those sewage lagoons were associated -- were tied to the meat packing facility, so they were considered one property. The Planning and Zoning Commission decided to -- to grant the applicant's request not to provide that 35-foot landscape buffer. There was also some discussion about tiling the Jackson Drain, because the Comprehensive Plan does call for that being left open. Given the steepness of the banks in this location and the additional constraints because it was an in-fill development, staff doesn't have too many lingering concerns about that, but it was an original concern. There was also concern about the proposed pathway as constructed. The Parks Department has been talking about a ten-foot pathway along the drain, with a five-foot gravel shoulder on each side. The Planning and Zoning Commission discussed this at length and they did decide that the applicant could do just an asphalt pathway. Looking back through the minutes, though, we just wanted to make sure that conditions of approval were added that stated that the homeowners association would be responsible for the maintenance of that pathway, because they did not have the gravel shoulders, and I have some specific language regarding that if that's something you want to add. Then, also a plat note stating that the public would have access to that pathway, and that it wouldn't just be a private access for that subdivision. Again, those were issues that were discussed in the Planning and Zoning Commission, but didn't quite make it as conditions of approval yet. We tried to contact -- since the Planning and Zoning Commission Hearing we tried to contact EPA and DEQ regarding the ponds, the waste ponds, and staff's real concern is that they are just a large unknown at this point. The developer's representative happens to be working with that owner as well and may have more information. What we found out from the EPA and DEQ was, basically, that they hadn't run into the problem yet and didn't know anything about those particular ponds and really couldn't offer a statement until someone had done some testing. With that, I'll leave that as staff comments. We did receive a revised plat dated June 27,2003. Corrie: Okay. Thank you. Any questions of Anna? Bird: I have none. Corrie: Okay. Is the developer or representative here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting July 8, 2003 Page 21 of 58 McKay: Yes, sir. Corrie: Thank you. Okay. McKay: Becky McKay, 150 East Aikens, Suite B, Eagle. Business address. If I could use the A frame? I'm representing the applicant Hillview Development in this matter. As Anna indicated, this is an in-fill property, even though it is 39 acres in size, which is unusually large for an in-fill. You can well see all the way around the property are subdivisions. The unique thing about this particular property is the diversity of uses around this development. We have a single-family subdivision along our north boundary, a single-family subdivision along our east boundary, and along our south boundary we have a mobile home park, we have some multi-family like townhomes. On our western boundary here we have Bridgewood Park, which is a 4-plex development that I did years and years ago and, then, you have Aspen Hills Apartments along this western boundary here and, then, right here we have, as Anna indicated, two ponds that are associated with the jerky, pepperoni place that's there. I can't remember the name. We do have a wide diversity. In your Comprehensive Plan this is designated mixed-use neighborhood, which allows for a density, obviously, up to three to eight dwelling units per acre. Our gross density for this project is 4.11 units per acre. We have two different product lines on this subject property. We have detached single family, obviously, on the bulk of it and, then, we have just a few attached -- what we would call duplex or townhomes just on this cul-de-sac. This wasn't an easy piece of property to design because of the constraints. We have multiple stub streets, as you can well see. Blue Heron comes in on the west. James Court comes in along the west. We have two additional stubs on our north boundary and, then, we have two stubs on our east boundary. The Jackson Drain -- its historical location is located where you see it here and in our design, we tried with great effort to try to retain that location or the natural historical location of that Jackson Drain and work around it and that's what you see here. That Jackson Drain comes up and it comes out like this and, then, it exits the property and goes across Blue Heron. The Jackson Drain is indicated in your Comprehensive Plan and as one of those protected watelWays. It's also designated for a multi-use pathway. We did plan a multi-use pathway and that's what you see here in the gray. The multi-use pathway would be a ten-foot asphalt running parallel with the Jackson Drain. We would pick it up here. We have a pocket park right here in this middle section where we will pipe the drain through here and, then, that pathway would meander through the pocket park and, then, obviously go up. You have a pathway -- there is a pathway just on the north side of Blue Heron and there is another segment of pathway just southeast of us. This will make a connection at some point in time and will be an integral part of your pathway system. Now, I know we did have a little bit of a disagreement with the Parks Department. Their standards are the ten-foot asphalt and that's what we have provided. Then, we intended to put two-foot gravel on each side of the asphalt, because Nampa-Meridian likes a 14-foot travel surface -- or hard travel surface. Your Parks Department said they would like five feet gravel on each side of the pathway in order -- it was based on the boom length for their weed sprayers. We disagreed, because we only have so much room to work with on that bank of the Jackson Drain. I'd like to submit some pictures of the Jackson Drain to kind of give you Meridian City Council Meeting July 8, 2003 Page 22 of 58 an idea of what the facility looks like. It's not -- it's not the deeper sections that we see throughout the valley, but; yet, it's not a five-to-one or a four-to-one slope either. This is the Jackson Drain as it traverses through the mid section, I'd like to present that into the record, and that kind of gives the Council an idea what that facility looks like. You know, it's not real deep, but it's not a little tiny, shallow, slow running slough. I did meet with -- I met with Nampa-Meridian twice concerning the Jackson Drain and the Jackson stub drain, John Anderson and Bill Henson. Now, what John Anderson indicated to me is it is their preference where we have a pocket park and we will be drawing, mostly like children with play equipment, because that is one of our amenities, is the play equipment. The second amenity is the pathway. Since we will be drawing small children there, it is their preference that we pipe that through the pocket park. If we don't pipe it through the pocket park, the park will be bisected and will be almost useless, in my opinion. As you can see by the picture, I really don't think somebody would want their three or four year old, you know, playing right next to that. It is my opinion that it is in the best interest of the project and the city that this stretch through here be piped. Now, on this drawing we show it coming -- opening right up through there and, then, existing out in a northwesterly direction, but there -- we have issues with this public roadway, so we may have to pipe further up than is shown in this drawing. I want the Council to realize that, that we are under design and evaluating that, but due to the roadway and storm drainage and groundwater and other factors, we may have to pipe a stretch here. Obviously, as you can see, we've tried to protect the vast majority of that. We have micro paths that are interconnecting through this block and, then, a pathway interconnecting through that block. We have in that pocket park I think there is approximately a couple acres -- a little over two acres, I believe, in the pocket park, so it's a pretty good size one and, obviously, the more we pipe of the Jackson drain, then, the more usable area, the more open space and play area we have. The other controversy we had was the ponds. We have some ponds on our western boundary and if I show you a map, this is a map and, as you can see, here is the subject property's western boundary. It is zoned R-1, so the adjacent property to us that is owned by Charles Schwerd is zoned R-1. That is an estate residential zone under the county zoning destination. Just west of that is the M-2. Now, that is an industrial zone under county jurisdiction and the M-2 is where the facility lies and it sits -- I have evaluated the aerial photos and it sits right there on that line or maybe just a smidge of it overlapping, but the industrial use is there. The two ponds -- what they do, they do jerky, pepperoni, they do, do some wild game processing, but they -- the discharge out there is minimal. Schwerd family has come to me and they have asked me to prepare an application to request annexation and Rezone for their facility into the city, so they can connect the city sewer and city water for that facility. I have met with your staff in a pre-application conference to try to determine what would be the best zoning designation because of the current uses that they have on the property at this time and I think we have come to an agreement on our approach. The ponds -- this is a picture of the ponds. This was taken about a week before the Planning and Zoning Commission meeting, which would have been, what, six weeks ago? Five, six weeks ago. As you can see, that's the Aspen Apartments. They lie next to the pond. The source of water in the pond is primarily groundwater and according to the owners of the jerky facility west of us, they discharge into the large pond. Here are some other pictures. The northerly pond is considerably smaller, but, as you can see, it looks like a Meridian City Council Meeting July 8, 2003 Page 23 of 58 water amenity. There are cattails. There are apartments next to it. There are homes around it. This is the ponE! to the north. It's not as attractive, because it doesn't have as much vegetation. You can see the homes that adjoin it. They have been there for many, many years, according to the owners of the property. I went out there today right before the hearing to take a look, because staff had concerns about the condition of the ponds as the -- our temperatures rise, so we've had quite a bit of hot weather. I went out there -- I fell in the ditch. Nary: Did you bring a picture of that? McKay: No. No but my shoes are kind of squishy. It -- there was no odors. There are some algae growing along the exterior of it with the heat that we have. The ponds have dropped about a foot since we took the first pictures, but there is water in there and according to Mr. Schwerd, at the end of the summer the northerly pond, the little one that they don't discharge into, dries up and the one to the south, which is larger, will stay wet year around. I just don't see these as a detriment. I mean we build these in our subdivisions to look like this a lot of times and call them a water amenity. I don't feel that the 35-foot buffer is appropriate, because I don't think -- I just don't think that that's a nuisance. It doesn't look like a nuisance, it's attractive, and it's been out there for years. I don't know -- have any knowledge of any complaints from the adjoining apartments or 4-plexes or homes that are out there concerning that facility. Concerning the irrigation, the property is split between Settler's and Nampa-Meridian. The Jackson Drain is the boundary. This is Settler's. This is Nampa-Meridian. There is an existing pressure irrigation pump station for Fothergill Subdivision. It is our intent to go in and upgrade that. It's owned and maintained by Nampa-Meridian Irrigation District and they would like that to become a regional pump station for this subdivision and Fothergill. We have told them that that is our intent. We are in Nampa-Meridian's Drainage District, so they have indicated to me that they are not going to have the legal problems as far as the assessments to the homeowners like we have had in other projects with split jurisdiction. We have the Watts Lateral that comes along here and, then, exits. The Watts Lateral is a users ditch. According to Settler's Irrigation District, they are not requiring a separate lot or anything, just pipe it along or perimeter and provide an easement, which, according to Nathan Draper, I think is 20 feet. We have what we call the Jackson Stub Drain coming in here. It's been piped through these existing subdivisions and they dump into this stub drain, it runs down here and, then, dumps into the Jackson Drain. There are also multiple pipes coming out that street where the drainage is just dumping directly into the stub drain. I talked to the adjoining neighbors who had hoped to try to regain some of their property, because that is a 50-foot easement along that stub drain and 20 feet on the existing subdivision side and 30 feet on our side so their fences are inset feet. John Anderson has told me that he will not allow those neighbors to encroach into the easement with their fences and he would only allow a minor encroachment on our side. It has multiple pipes that are dumping into it, so from our perspective we would like to see that stub, which is -- does collect groundwater also, left open and I have got some pictures of that and just fence that out. It's not very pretty. We can go in, knock down some of the spoil piles, and make it look a little bit better. Here is the spoil pile. That's along the east boundary. That's the best picture. That's the Jackson Stub Drain right there. It was not piped when the adjoining Meridian City Council Meeting July 8, 2003 Page 24 of 58 subdivision was developed, even though that easement overlaps and the top of bank does adjoin. I assume~ probably because it does collect some groundwater, it's some type of an interceptor, and, then, the fact that there were so many pipes coming from so many different directions in the east dumping into it. We have proposed to leave that open. I've read through the recommendations of the Planning and Zoning Commission. I believe we are in agreement with just one clarification. Under special recommendation A, they had required the applicant to work with Mr. Fothergill and the Nampa-Meridian Irrigation Association to remove the headgate on Mr. Fothergill's property. If you look at the minutes, that's not quite what was said and I just need to kind of fill you in. We had one resident that attended the Planning and Zoning Commission meeting who owns a lot right here. The Stokesberry Lateral is piped along here and that's a Nampa-Meridian facility. It happens to be -- that's the location where they put a box. The box sits kind of high. The gentleman said, well, is there any way that that box can be eliminated. I think our response to him was, well, we could take a look at it and we said what's the purpose of the box and he says, well, it feeds -- he believes it feeds a little -- the Fothergill property, which is right here. He says if you're going -- if you're going to develop this, could that be abandoned. We said we would meet you out at the site with our engineering, go through that, and see and evaluate it. Since that's on the Stokesberry Lateral, that is under jurisdiction of Nampa-Meridian so, therefore, we never said we would remove it. I think the language stating that we will remove the headgate is wrong. We may not be able to do anything with that box. That box may be permanent there forever. I don't know its exact purpose and we have not evaluated it. I do need that language changed. The second thing is in my meetings with Nampa-Meridian Irrigation District, John Anderson has told me that they will not allow us to construct that multi-use pathway unless the City of Meridian enters into one of those agreements with them like you did on Five Mile Creek, indemnifying them from liability. I said, well, if -- so, you would not -- because I asked him point blank, I said so if this pathway were under the association, you would not allow it? He said that is correct. Our board has made a determination that these multi-use pathways, as designated by Meridian, we must enter into an agreement with Meridian or we will not allow you to install it. I will need the cooperation of the city attorney and your Public Works staff to initiate that agreement and get that done. Do you have any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think these agreements have come up before and our attorney has noted that there can be some kind of a three-way agreement. I just don't recall what -- what the details are and, I'm sorry, Nick, I'm sure you probably can't help us on that, but -- Wollen: Mr. Mayor, Members of the Council, and Councilwoman de Weerd, it is something that I'm afraid I can't give an answer to you right now, but it's something that I can look into and ask Bill Nichols about and see what exactly our opinion is on that. De Weerd: Okay. Thanks. Meridian City Council Meeting July 8. 2003 Page 25 of 58 Corrie: Any other questions? Nary: I have none. Corrie: I guess not. Thank you, Becky. McKay: Thank you. Corrie: I believe James and Corey Schwerd -- do you want to -- anything to say? Just for it? Okay. Is there anyone else from the public that would like to issue testimony? Okay. I guess we won't get a chance, Becky to hear you again. On that one, anyway. Okay. Any questions of Council? Discussion on the Public Hearing? Bird: I have none. Corrie: Okay. If there is none, I would request a motion to close the Public Hearing on Items 12, 13, and 14 of Trailway Park Subdivision. Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing on Items 12, 13, and 14 of Trailway Park Subdivision. Any other discussion? All those in favor say aye? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would like to make a comment. It looks like this piece of property had a number of challenges and I think that you have really done a nice job in tying it all together. In-fill -- in-fill applications are really -- have a lot of details that -- if you're just doing a bare piece that's not surrounded like it is -- I think you have done a great job. Not having the neighbors here testifying against it is testimony enough that you have addressed the concerns of all the neighbors. I just think you have done a good job. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Not hearing any more comment, let's go on with it. I would move that we approve AZ 03-010, request for annexation and zoning of 39.15 acres from RUT to R-8 PD Meridian City Council Meeting July 8, 2003 Page 26 of 58 zones for the proposed Trailway Park Subdivision by Hillview Development Corporation, for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and to incorporate staff and applicant's comments. Nary: Second. Corrie: Okay. Motion made and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I was just going to ask, Mr. Bird and the Council, I noted in the recommendations from the Planning and Zoning Commission there is a statement saying require applicant to put jungle gym and slide on tot lot. I noted Ms. McKay did say they were going to do that, but I think the wording should probably be not just putting a jungle gym and slide, but to submit a plan for approval of whatever recreation amenity they are going to provide on that lot. The other one was on the issue, Mr. Bird, regarding the removal a head gate issue, the one that's a statement here just to work with them to remove it, if you want to just remove the language saying to simply work with them on whatever-- Bird: Whatever solution they can -- yes. I agree. Motion agrees. Nary: I concur. Corrie: Thank you. Powell: Mr. Mayor, Members of the Council, could I also ask that if -- were staff comments meant to include that the -- if the pathway does not comply with the Parks Department standards, that the homeowners association would be responsible for the maintenance of that pathway? Bird: That would be true. Powell: And would it also include that there be a plat note stating that they have allowed public access on that pathway system? Bird: Yes, ma'am. Powell: Thank you. Corrie: That was a long -- Bird: That was part of the applicant's -- Corrie: -- two party -- three party -- Meridian City Councll Meeting July 8, 2003 Page 27 of 58 Bird: Yes. That was part of the applicant's -- Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess there is a lingering question and since our -- Bill Nichols is not here to address it on the -- kind of the three way agreement, if that cannot be worked out maybe at Final Plat, it can be brought up again for discussion, or how best to deal with that? Powell: Mr. Mayor, Members of the Council, you know, the attorney's office has been primarily dealing with those with, I believe, the parks department, so I haven't been involved in those discussions much. I can't offer much advice. We could -- we have been raising these issues at the Final Plat time if there are concerns. De Weerd: Okay. Corrie: Okay. Any further discussion? Okay. Roll call vote, please, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved for the request for annexation and zoning. MOTION CARRIED: ALL AYES Corrie: Now, we'll entertain a motion for the Preliminary Plat. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve PP 03-011, the request Preliminary Plat approval of 161 building lots, and 24 other lots on 39.15 acres in a proposed R-8 PD zone for proposed Trailway Park Subdivision by Hillview Development Corp. For the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate all staff and applicant comments. Nary: Second. Corrie: All right. Motion has been made and seconded to approve the request for Preliminary Plat. Excuse me. PP 03-011. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeting July 8, 2003 Page 28 of 58 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for the request for Preliminary Plat is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 14 is a request for a Conditional Use Permit for a Planned Development a single-family residential use. CUP 03-021. Bird: Mr. Mayor? Corrie: Mr. 'Bird. Bird: I would move that we approve CUP 03-021, request for a Conditional Use Permit for a Planned Development for single family residential use with reduced setback lot sizes, lot frontages, and house sizes in a propose R-8 PD zone for the proposed Trailway Park Subdivision by Hillview Development Corporation. For the attorney to draw up the Findings of Facts and Conclusions of Law and decision of order and to incorporate all staff and applicant comments. Nary: Second. Corrie: Motion has been made and seconded to approve the request for a Conditional Use Permit 03-021. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Request for Conditional Use Permit is approved. MOTION CARRIED: ALL AYES. Item 15. Public Hearing: AZ 03-008 Request for annexation and zoning of 34.52 acres from RUT to R-8 zones for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: Item 16. Public Hearing: PP 03-008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: Item 17. Public Hearing: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1 ,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: Meridian City Council Meeting July 8, 2003 Page 29 of 58 Corrie: Item Number 15, 16, and 17 are public hearings for Birchstone Creek Subdivision. The first -" Number 15 is the request for annexation and zoning 03-008 for 34.52 acres from an RUT to an R-8 zone for proposed Birchstone Creek Subdivision. Item Number 16 is a Public Hearing, request for Preliminary Plat approval of 89 building lots and seven other lots on 34.52 acres in a proposed R-8 zone for Birchstone Creek Subdivision. Item Number 17 is a Public Hearing, Variance 03-013, request for a Variance to the Meridian City Code 12-4-5, requiring blocks to be less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision. At this time I will open the Public Hearing on all three items and invite staff comments first. Powell: Mr. Mayor, Members of the Council, as you can see from this map that this adjoins city property to the south, but it's kind of the breakout into this new section here, as bounded by Ustick and Black Cat Road, surrounded by large properties which are undeveloped at this time. Well, undeveloped, other than farms. The proposed subdivision does include a large lot for approximately a nine and a half acre lot for an elementary school. It's bounded by a large irrigation facility here on the west and it also wraps around and comes down her.e as well in this corner. There are two entrances into the subdivision, one off each major arterial and a fairly well interconnected system of roadways interior to it. There is a pedestrian path that connects this cul-de-sac over to this open space area, so that children get from the cul-de-sac, basically, to the school grounds without having to go all the way down the street and back up. The outstanding issue that -- as you can tell from my new cheat sheets, there is -- no one showed to testify against it or in favor of it at the Planning and Zoning Commission. Three property owners attended and did state that they were in support of the application, although they didn't testify. You do have a revised plat dated the 7th, I believe, of this month, just for your records. The only outstanding issue that really remains on this one is a question of this open space located here. Staff had recommended that the applicant submit a Variance for that property and the Planning and Zoning Commission concurred and, then, I didn't realize the Planning and Zoning Commission had already decided the fact and I did tell the applicant that I didn't want them to submit a Variance application and I will explain why. The Variance was for the minimum five percent open space. This is a straight subdivision. It's not a Planned Development, so they are required to provide five percent. That five percent is all included within this lot right here. When this is platted, the applicant will develop this as an open space amenity for the subdivision, if and when they do anticipate selling this to the school district. When this is developed as the school district, the applicant will adjust the lot line such that the common facility goes approximately just in this area here and the rest of that property would be deeded to the school. In the future, the common lot open space will not meet the five percent requirement. Now, of course, it's still going to be open -- I mean it's still going to be there, it will just be under the ownership of the Meridian School District. As this travels through our processing system, though, they do meet the five percent minimum open space, but they have been open about -- I mean they have been honest and forthcoming about what they intend to do with that in the future. The Council may want to recognize at this point that that would be -- if they are in favor of that, you might want to state that that will be okay, because, otherwise, when they go to do a lot line adjustment we may have difficulties approving that, because that lot is the open space requirement for the subdivision. The only -- the applicants worked out a lot of the issues Meridian City Council Meeting July 8, 2003 Page 30 of 58 with staff prior to going to the Planning and Zoning Commission. The one thing that's not reflected in this drawing is that this property, which is shown as unplatted, they were going to annex it, but they were not including it in the subdivision. They have agreed and the Planning and Zoning Commission required them to include it in the subdivision. It will take access from the subdivision. It's currently the same owners as own the property that is being subdivided and those were the only outstanding issues. Corrie: Any questions? Okay. Hearing none, is the representative from the Birchstone here? Is the testimony you are about to give the Council the truth, so help you God? Amar: Yes, it is. Corrie: Name and address, please. Amar: Good evening, Mr. Mayor, Council Members, my name is Kevin Amar, address 114 East Idaho, Number 230, in Meridian. We are here before you for Birchstone Creek Subdivision and, as staff has indicated, we have been able to work out any outstanding issues with staff and we -- by the way, I like the cheat sheet. I don't know whose idea it was, but it was great. It makes it a lot easier to review what those issues might be. I have gone through the cheat sheet, so to speak, and we are still in agreement with all of the outstanding conditions of approval. A couple of items that are not reflected on this plat, unfortunately, is one of the requirements was this cul-de-sac be made permanent. We had initially proposed it as a temporary turnaround until such time as the school puts in their parking area that's going to be in here. It will be a permanent turnaround. In fact, it's going to be on the other side of the street, so it doesn't interfere and conflict with school use of their property and we will build a permanent cul-de-sac in that area, still allowing for access across the Eight Mile Creek should that ever happen. In the meantime, there will be Fire Department ability to get in through there. The other issues were providing an easement through this common space open area for this in the future and also include this in the Preliminary Plat. We have done all that and, as staff has stated, we don't have any other concerns. One of the questions that we did bring up -- and Mr. Bigham apparently couldn't be here tonight there is a school board meeting also tonight and he was going to try to make it. At some point they are going to build a school in here and in speaking to him that point could be two years and it could be ten years. He's trying to juggle a lot of different schools and where their growth is coming from and where they are anticipating it to be. In doing so, we tried to incorporate -- because we know there is going to be a school here, we wanted to have -- what we are going to put in is a permanent park area in the same proximity as where the school playground area would be and we wanted to do that for two reasons. One, we get the full use of the ground and also for the long-term benefit is parents can watch their little kids play on the playground equipment and their big kids play soccer or chase or whatever they do in the open space. It allows the parents to be in one area and see all the open area. The other thing it does is it provides a better visual access back into this -- what will be the future school play yard. We have also provided a couple of pathways that will also be beneficial to the school and to the subdivision. With this park, if you draw a line here, the portion to the west will be dedicated to the school in the future at such time -- and we are trying to work that out with the school's attorney, if they want to Meridian City Council Meeting July 8. 2003 Page 31 of 58 own it now and grant us back an easement or we need to dedicate that in the future and that really is up to their attorney. We have told them just tell us how you want us to do it and we will do it that way. Immediately we are going to develop all of that open space, so the kids have a place to go play. There will be grass and there will be -- so it will be put into use. We are also going to put a recreation facility on the portion of the ground in this area that will remain under ownership of the homeowners association. When school is in session -- this will be fenced off, but there will still be the younger kids will be able to get in there and use the open space area and the parents will be able to go there. There is going to be an open space dedicated solely to the homeowners association. Speaking with staff, I believe they are in support of it. Mrs. Powell, I guess she can correct me if I'm wrong, but they are in support of doing that joint use facility, they just wanted to be sure that we brought this up before the City Council to make sure that this body is also in agreement with what we were trying to do. We are trying to use the best open space as we can and provide the best product for the end result. I have also provided you with what we do on all of our projects anymore, a list of CC&R's or what will be incorporated into the CC&R's. We do this just -- I guess we feel comfortable putting things in writing, so it makes it easy to see what we plan on doing. On the third page -- and I'll get a bigger map, so it's easier to see. This shows kind of the breakdown of where the lot sizes are, so you can see and as far as the colors, the yellow depicts from 6,500 to 7,000 square feet, blue from seven to 9,000 and red from 9,000 and up. We tried to depict that even though we are asking for an R-8, there are quite a few larger lots within the subdivision. With that unless, there are other questions, the revisions that you see here do reflect and the map we have up there do reflect all of ACHD's revisions, with the exception of the cul-de-sac and that will be incorporated into the design. I would stand for any questions should you have any. Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'm a little bothered by your disappearing park which you have at -- the fact that -- I mean I guess I look at most of the school sites in Meridian are probably sooner, rather than later. It appears to me that within two to three years when you buy that house on the front portion, like at the corner of Ustick and Black Cat area, you know, that park is going to disappear that you think is going to be there. Nothing is going to tell these people that park is going to go away and a school is going to be built there and there is a fence, so they won't be able to use it anymore. Amar: No, there will be a park there. There is going to be a fence here, because the school doesn't want their kids being able to get out. Nary: I understand. Amar: But this portion is always going to be here. Meridian City Council Meeting July 8, 2003 Page 32 of 58 Nary: I understand. Amar: And it will be open and this portion is going to be grass and so this park won't disappear, it will, actually, get larger it's just going to change ownership. Nary: It's just going to have a fence across it and you're not going to be able to access it during school time and you're going to have -- I mean, basically, the park that -- when you buy your house down here or even adjacent to that park, you know, within two or three years half of that park is going to disappear into the school ground with a fence across it and it's no longer a park to the people that live there, it's just school ground, like everybody else is part of the school ground. Amar: I guess I disagree to some extent. That park goes from an acre and a half to six acres of open space. They can't use it when the kids are in school, but the kids that are going to use that park are in school anyway. The tots that are going to go slide down the slide are going to use the tot lot and that's what we are going to continue having there and that's our intention of putting this -- but that's why we want to provide an open space. Nary: Okay. The intent of the five percent is not to go steal it from the school, but to provide it to the residents within it. Amar: Correct. Nary: And so I think what you're doing, although it makes sense from your standpoint, to me it robs the people that are living there of the five percent open space, which is the intent of the ordinance. You're really borrowing the school's open space to make that, because once that school is going to get built, their five percent open space has gone, it's no longer in the homeowners association, it's the school's property. It would be there regardless of whether or not there are houses there and the people in the front, since it's not even centrally located, those people in the front have as much -- limited access to using it anyway and -- Amar: We initially had this park moved up here -- we initially did have it up here and at the request of staff and other people that was -- and from the Police Department, it was requested that we move back, so they can see to the back of the school space. That's the reason that it is in that location. As far as these people being robbed of this, well, I'd submit that we are providing a site for the school to build an elementary school. These people are going to move here because there is an elementary school. They are going to understand they have that ability. I think there will be more use out of the school site than just out of an acre and a half of park, because there is going to be more opportunity for the kids to go in and play soccer, play basketball, whatever the school -- they have much more facilities than most subdivisions. Although I understand your concern, I think with this design and talking to the school and talking to staff, it really is the best of both worlds. The kids can't use the park when school is in session, but the kids are at school when the school is in session, so -- Meridian City Council Meeting July 8, 2003 Page 33 of 58 Nary: Well -- but once there is a school, there is no five percent. I mean the whole intent of the ordinance is that there is a five percent of open space within that subdivision and once that school is build it is no longer there. Amar: I guess I understand that -- Nary: And the school property is the school's property and they are going to -- you know, whatever limited uses they have and whatever limited access they have is totally up to them. The people using it, yes, it's no different than anybody else. The people within that subdivision don't have that open space that they would normally be entitled to, the same as everybody else in the other subdivisions in the city. They are just getting half of it, because they happen to be next to the school. Amar: I think it's a -- I mean there is opinions here, but other subdivisions, the people also don't have a school sitting in the middle of their property that they may want. This really is going to be beneficial to what we see. In talking to the school district, they though it was beneficial, they are able to acquire ground that they need in this area and they were pretty excited about this proposal. I believe staff -- obviously, this board has the final say, but staff is understanding and in agreement with what we are proposing. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: That park land or the open space, you won't be selling it to the school district, will you? Amar: No. It's going to be deeded. De Weerd: It will be donated, then. Amar: I'm not exactly sure how it's going to work out. The school's attorney has to tell us, either -- they are going to provide us an easement, but we have offset the cost already to account for that. De Weerd: So, they are gaining that green area and they are not going to be charged for it? Amar: Correct. De Weerd: So, you know, I guess I would -- I have a little bit different perspective than Councilman Nary. I think the neighborhood does gain in that open space and it does make it more desirable living behind the school and that sort of thing and your homeowners association is not going to be paying to provide the maintenance to it and you will be doubling -- more than doubling -- tripling your open space that is behind your house or available to your kids, because at Ponderosa I have never seen them block off access to it, it constantly has access, and that's what the open space requirement, Meridian City Council Meeling July 8, 2003 Page 34 of 58 when we wrote it, was really to provide that open space of relief from the houses and that sort of thing and I Jrunk it's a nice amenity and certainly if they were going to be selling it to the school district, I would have a problem with that, but if they are deeding it to it and it's providing even more of an open space, I don't have an issue with that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I see where Tammy is coming from, very much so, and I have no problem with it either, but that is not -- it's like our ordinance says it's five percent green space. That is not -- even though they are saying right now that that is part of this subdivision, as soon as the school is -- gets the ground -- and they could buy the ground tomorrow and never build a schoo] for 15 years, you can't tell me that you're not going to start building houses in there faster than they are going to build the school. They do not meet the five percent requirement. I have -- to be truthful with you, I have no problem with that on this deal, because I agree with Tammy, but] have also seen schools -- I have also seen schools lock down where you cannot get through there and if you cannot get through there, then, that green space is no good. That's my opinion on that. I mean] would not hold this up for that deal, but our ordinance says that this subdivision by -- on its own -- stands on its own with five percent green space and it doesn't do it, because there is no way that that little L is part of this subdivision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: You know, we have had other developers adjacent to Settler's park ask for the same thing and we said, no, you're not going to use the public park to take your five percent. You're going to have to find it within your subdivision. I don't think this is any different. I mean I appreciate your creativeness in trying to do it, but if we grant this, we are going to grant this for everybody else that builds it next to a public park, a public school, or something else that they think is good enough open space to meet the requirements. You know, the access to this park to that five percent, even during this time period, I don't think is very good. Trying to get there once the school locks that -- blocks that off, in looking at your picture, you have got a pathway -- I don't have a pointer, but you have got a pathway that accesses the -- you got a pathway here, right, that accesses this current green space. At some point this is going to have a fence, so all of these people in this area, to get to the school -- this is not a street right? The street's here and the streets here and there is one pathway right there correct? Amar: Correct. Nary: So, the only way all of these people get to use this park, this -- what you consider to be a park or green space in the future, is to go all the way in the street and drive all the way around. There is no way for them to get there, other than this one little pathway right there, unless the school opens the gate or has an open space orwhatever. I don't Meridian City Council Meeting July 8,2003 Page 35 of 58 know what the school is going to do and neither do you. Eventually all you will have is this little tiny park with. some play equipment on it and all the green space access is gone. Amar: Okay. I do know the school is providing an open -- a continual open fence area or gate or pathway into that green space from the subdivision. Nary: But there all houses here, so where would it be? I mean it has to be here. Amar: Correct Nary: So, you're saying that the school is going to -- but, again, we don't have that here. They are not here, there is nothing committed from them that there is going to be access to here. Amar: I guess they have told me that Nary: Okay. Amar: Is what I'm here representing. Nary: And I don't disbelieve you, but what I'm saying is we have got to look long term. If we grant this exception that this park can go away and use this as your five percent, we are going to have to grant this to everybody and up to this point we have always said, no, you can't do that, you have to make it yourself within your space and you haven't done it Bird: Mr. Mayor? De Weerd: Mr. Mayor? I'm sorry. Corrie: Mr. Bird. Bird: I've only got one thing to say. You say -- now this little pocket park in there is going to be given to the homeowners association and we are going to have some tot play equipment in there and stuff. What if the kids, the older kids, at that school -- and I'm sure it's an elementary school that's going out there. What if the 5th, 6th, yth graders get out there and start damaging that? There is a gate there they will lock it up, the homeowners association. I sure would if I was a member of the homeowners association and kids were getting in there and vandalizing my equipment I don't know why you can't find a couple -- and don't get me wrong, I know you have got a pencil to this to make it work, but I don't know why you can't take a couple of those building lots and make an open space there and give us the five percent. It's like Councilman Nary said, if we grant this, then, we are starting a precedence that -- it's like at the park, they can come and say, well, you know, we -- you have got a 56 acre park there. We will use that as green space and that's -- no, you're basically -- because that property is Meridian City Council Meeting July 8, 2003 Page 36 of 58 going to be property of Meridian School District No.2 that you're saying is part of your five percent. Amar: But we are providing them the opportunity to purchase that. We are providing them the opportunity to have it -- Bird: Well, you just told us you were donating that part. Amar: Well, this school in here. This could all be houses, I provide my five percent, and this could all be houses in here. Bird: That's fine. If you want to do that, that's fine with me, but I'll bet you as a businessman you're not going to do that. Amar: Well, I went to the school district initially and said, look, we want an opportunity to work here together. If we can make this work with the school district and ourselves, would that be open to you and the school district said, yes, that would be great, we need another in this area and we'd like to acquire it. Bird: By the same token, if you can sell that big lot to the school district for a sum of money, it's much -- it's much better than you going in there and developing it. Amar: The school is paying me cost, pure cost, and I have shown the school district numbers -- and I don't want to get into numbers here, but -- Bird: No. No. I don't -- and you don't need to. Amar: But there is no profit -- and when I say none, zero. There is no profit being made by the developers on this property. Bird: As a taxpayer, I appreciate it. Amar; It is cost to the school and that was part of the agreement that we had made with the school. Bird: But I just -- I want to get across to you that that L coming down there is not part of that subdivision and cannot be counted as the five percent and if we set a precedence here, guys, we have got to do it on everything. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess being one of the members that helped write the landscape ordinance, I probably know a little bit more than I should, but one of the discussions -- and I believe it even came into the Public Hearing process, was if some of their open space could towards schools if the land was donated and that -- what we found out is Meridian City Council Meeting July 8, 2003 Page 37 of 58 you couldn't require that by -- legally, because it would be considered a taking. It would have to come from the ~applicant's side of things and the benefit was -- is the applicant would still be donating the land, they'd still be greening it up, so they would still be doing what they would be required to do under the five percent requirement. It would be given over to public use, donated or deeded or whatever they worked out with the school district, to bring it over and, personally, I would much rather see that open space and a school there, than see it all houses and see that little spot of green and that's just my personal preference as well. Because I know those conversations went on, I guess I have a different perspective than those that haven't heard those conversations and knew what some of our intent in writing that ordinance was. That kind of explains the perspective that I'm coming from, in that it's still going to be open space, it's not going to be built on -- it's not going to be houses. You may have yet more limited access to it, but like all the other schoolyards right now, they are not limited to access, and so I see that this is a benefit to the taxpayers and to the idea of what open space is for. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You're going to guarantee me that they are not going to build the school up there on that north end and that could be part of asphalt, play ground, basketball courts, could be part of the school, because I don't know where they are going to build it. I don't think they do. I bet they don't have the drawings for it yet. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm sorry. Corrie: Were you through, Mr. Bird? Bird: Yes. I was done. You bet. Corrie: Mr. Nary. Nary: You know, Council Member de Weerd, I mean I do recall those discussions and the like, but they are not donating this property, they are selling it at cost. That's not -- that's not the same thing. Now, that may be what was thought of by the committee, but if you're telling me -- if a developer comes in here and says I'm going to donate this property to the school, I'm going to give it to them as a write-off, and that's a benefit to the City of Meridian, that's a pretty big -- Bird: That's a donation. Nary: That's a pretty big gift. I think that's a great thing. It does deserve consideration. They are not giving it to the school. They are selling it to them. Meridian City Council Meeting July 8, 2003 Page 38 of 58 De Weerd: No, they are donating it. Nary: But the rest of it they are just selling it to them. The rest of it that makes up the park that we have been arguing about is you're selling it to them just like anybody else. You know, and that's fine, they have a right to do that, but I'm not going to give them credit for it. I'm not going to give them the benefit of selling it, just like they could. Yes, you could put houses there and you would have to put five percent open space. Cedar Springs put a school, Cedar Springs is next to the park, and we still made them put five percent open space in it. Lochsa Falls has open space in it. Paramount Subdivision has a school -- has two schools and a park in it and we still made them put five percent open space in it. We have done it over and over and over and I don't see why this is anymore compelling than the others. It's a nice design. J think -- I don't particularly like where you put your open space. I don't think it's a good location anyway. If that wasn't the issue, to me, the fact that it disappears is a big issue, that five percent. What will happen is -- and I know you're not asking for it, but other people will come and want and the same consideration and the next thing they are going to say is we want it set up on a -- we want to consider all that to be like a park, so we want to set up our park impact fees, because you have got a school next to it, so we don't have to pay -- we shouldn't have to pay as much, because there is all this green space with the school and, then, we have got to deal with that. I'd rather say no. Go redo it, get your five percent like everybody else has to. I appreciate your providing the school ground at cost to the school district, but everyone else had to meet the same standard and I appreciate the creativeness you're trying, but I just don't think it makes sense. Amar: I think the other subdivisions that you brought up, the Paramount, Cedar Springs, those are not 35 acre sites, those were enormous, they were PUD's, they are significantly different that this site. What we are doing, this ground -- Nary: But five percent is five percent. Amar: This ground is dedicated and donated to the school. The school is not purchasing where that five percent is. The school is not trying to purchase it. We are donating that, so there is a benefit. We are providing all of this. And if I'm a businessman and solely out for the money, I'm putting houses in here, because I'm going to make money on the houses. I'm not making money on the school property. I'm doing that as a benefit to the school district, because I made a commitment to Mr. Bigham a long time ago that every time I come in with a new project 1'm going to him first and asking him if he needs property. To make good on that commitment that I made to Mr. Bigham, I did that, and on a 35-acre site, he asked for a third of it. I feel like this project is not like those others that you have referenced, it is providing a benefit not only to the City of Meridian, but also to the school district, to the homeowners, and it's a win-win situation for everyone. It does meet currently the five percent open space. When the school goes in, the school, in fact, will go in up here. We are designing the sewer for that right now. It can't go in back here, because it won't have the sewer depth to do that. It needs about eight feet or nine feet of sewer depth and the school will go in here with the parking lots up front. The balance of this property in back, about five Meridian City Council Meeting July 8, 2003 Page 39 of 58 acres, will be open space, will be green, and based on sewerabiJity, I can guarantee that. It can't be any other way or the school doesn't get sewer and I know they need to flush toilets. I don't think this is similar to what you're saying. I think this does meet the intent of the open space ordinance. It does have five percent from the very first day we start -- from the very first house that's sold it will have five percent and when the school goes in, it will have, I don't know, 20 percent. The majority of that is going to be open space. Schools do not lock off their property. I would request for approval this evening. Corrie: They do. They did it at the Kiwanis Park. Bird: Yes. Go out and check it out. Corrie: They are doing it. Besides, you're -- I understand what you're saying, but unless we have it in writing that -- what they are saying means nothing. Mr. Bigham may not be here tomorrow and we have somebody else take his place and they won't -- they don't like this. I agree with Mr. Nary, you don't have five percent -- and you give that over there, you don't have five percent. Amar: I will submit just two questions, then. One, we can condition it that this does provide permanent access to the school site and if that's not the case, then, I would submit that we be tabled and we will look at the opportunity of not selling this property to the school and coming back and mapping and we will still have this same -- that amount of open space and it will be permanent and it will be owned by the homeowners association. Bird: Fine with me. I mean you can't take one of those lots out? What -- without that ground that we are arguing about, how -- what is the tot lot? How big is that? Amar: The tot lot, if you go back -- Bird: Go across there. Amar: This portion here -- Bird: Yes. Amar: -- is about a half an acre. Bird: Okay. And you have got 22 acres in there? Amar: I'm sorry? Bird: You have got 22 acres that you're developing? Amar: Twenty-two acres of development. Yes. Bird: You told me 33. Meridian City Council Meeting July 8, 2003 Page 40 of 58 Amar: Correct. There is 35 acres total, but the way we have to calculate our open space is we have to include five percent open space for the school also, because that's a part of the Preliminary Plat. We have to have about an acre and a half of open space, which this is. Bird: How big is that lot next to it? Amar: This lot? Bird: The blue one. Amar: It is -- Bird: My eyes aren't good enough to read the square footage. Corrie: 7,000 square feet. Amar: That lot is 8,000 square feet. Bird: So, we are talking about a fifth of an acre. Amar: Correct. Bird; I would -- Mayor and Council, I have no problem continuing it like he asked and give him a chance. I think he's got a very, very, very nice development here and, like Tammy, I hope the school district -- he can work something out when the school goes there, but I just don't feel comfortable allowing a school to be counted as the five percent right now. So -- I could be proven wrong. Powell: Mr. Mayor? Corrie: Anna. Powell: In my presentation I neglected to bring up the fact that they are requesting a Variance and I just want to take just a second to explain what that Variance is for. It was for the block length and it is just related to the school. It's this distance here to the property line here exceeds the 1,000 feet, so we had the Eight Mile Lateral boundary along here and, then, it -- because it was a school site it wasn't appropriate to have a stub street at the back of that property. We were in general support of the block length Variance on that. Could I add just a couple comments regarding the school? The school has had -- the relationships between the school district and the city seem to have been strained over the last few years as far as coordinating the development of these playground areas associated with the schools and how the city can work through the development community to have these combined uses. I do believe the school district is ready to reconsider those things now, along with the Parks Department is ready to consider them and I was hoping Mr. Bigham could be here tonight to perhaps open up Meridian City Council Meeting July 8, 2003 Page 41 of 58 that conversation a little bit The Comprehensive Plan does talk about school facilities and trying to work with thE? school district From the conversation tonight, it appears that you really consider the school to be just like any other use, that it doesn't have this special quality of being kind of an open space use, as well as an intense use on a portion of the property. I was wondering if you could maybe give the applicant or me a little better idea, if we are going to go work with the school district or work on reconfiguring this, maybe your thoughts on how this could better serve as a dual function or if you don't want to consider that at all. I hope that was kind of clear what I'm trying to get from you, but -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think -- I will give you my answer, Anna, and I think I -- sure, we want to work with them, but I can tell you -- and I think maybe at grade schools they don't lock it down like they do a high school, but they have -- to my knowledge the Kiwanis Park has got no access to the Mountain View High School. Now, I want to work with the schools, because we are -- it's tax payers money there, too, and we use -- we use the school green space probably as much as we do the park's green space, because they have got more of it right at this point Yes, we want to work with them, we want to, and this is -- I would have no problem these guys go back and bring us a letter signed by Wendell that says that this school is never going to be locked down. I don't know how they can do it in their homeowners ordinance, because they can lock it down if it's going to be their property. I would take a good hard look at that I mean I like your subdivision, I like your plan, I like the school out there, but I don't think we can start precedence here. If we do, I think we are opening up a big, big can of worms, unless we can get something -- we will probably have to change the ordinance, so it's more clear where schools are involved and I think that's probably what we need to do, so -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I guess I'd echo the same comments from Councilman Bird. You know, I guess I'm very apprehensive in borrowing from another public entity the use of that green space to cover their requirements by our ordinance and we have not granted that previously, so I'm not really -- I guess I don't see any compelling reason to change that now. Again, I think it a creative way to do it and there probably is some benefit to it, but, again, you know, the school board can change, the school's philosophy could change and we have been talking about providing this multiple use between the school and the park. It wasn't -- it wasn't initially -- at least my recollection was it wasn't really initially a -- for a private development to, then, have a homeowners association park, as well as a public park sort of connected together in this manner. That just wasn't what the discussion was. It doesn't mean we can't do that, we just haven't really gotten there, and we haven't seen the school district at one of our meetings in a long time. We really don't have anything really outlined as to what we want or what they want or how we Meridian City Council Meeling July 8, 2003 Page 42 of 58 make that function, because you have got a public school that has public access and you have got a private .park that doesn't. You know, kind of -- it doesn't mix together very well without clearing up what those things are. Oh, here is Mr. Bigham now. On the Variance thing, I guess I looked and saw a block length Variance, I didn't even read it any further. I just thought we kind of just did those, but that's what I think we need to iron out is some of those details of how do we make a public private park work together, because, as Mr. Bird says, the homeowners can lock that park off, too, if they don't want to allow access. You know, those people from the school are going to think that's something that's usable to them and it isn't. Amar: There are some things we can do within the CC&R's and make the City of Meridian a party to them that the homeowners association cannot. According to our attorneys, the homeowners association cannot react that way without approval by the City of Meridian. Homeowners associations cannot go away without the approval of various agencies within different -- within different jurisdictions and we can do the same thing and make the City of Meridian a stipulation to that, which we can do that certainly on this project. Mr. Bigham is here and I think he can answer some of your questions with respect to some of the agreements that we have made. One question I did have, this park right now is five percent of the entire 35 acres, which also is because this school is a portion of that, so there is about a half acre of park that if it were a separate plat would not be needed in order to accommodate five percent of the open space. I guess my question is, is the Council looking for five percent of this area or is the Council looking for five percent of just the homes within the subdivision? Because I believe the way the ordinance reads, it's five percent of the entire subdivision. Bird: We don't want any part of your CC&R's. You got that with the homeowners. The City of Meridian didn't want any part of that. Corrie: Glad you said it. Bird: Is there a reason that you guys were going to gate across there yourselves? I mean the school wanted -- okay. Amar: The school wants to gate that at the time, but I'm going to leave that to Mr. Bigham. He can answer that better than I. If you would allow us -- I guess we can do this on the fly also, but I can talk to Mr. Bigham and tell him the issues or we can, like I say, do it on the fly, so -- whatever you'd like to do. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Do you want to take a five-minute break and let him talk to Wendell? Corrie: Yes. Amar: Okay. Thank you. Meridian City Council Meeting July 8, 2003 Page 43 of 58 Corrie: Okay. (Recess.) Corrie: Okay. Amar: We are trying to figure out another way of coming up with five percent, separating the school lot out for the subdivision, because I don't want to provide five percent open space for the school lot. I mean I don't think that's fair on either part and right now I'm providing five percent open space. If I cut the school lot out, my five percent is going to be about one acre and right now I have 83/100th,s of an acre and I'm sure I can get it up to one acre of open space if I redesign the plat to just show the school as a separate parcel. I can sell that parcel off to the -- I mean it's the same benefit to the school. Bird: I would feel more comfortable with that. Amar: What it will do in the short term is instead of, in the short term, having an acre and a half of open space, there is going to be a half-acre of open space with other open areas throughout the subdivision. If we can get approval tonight on that idea, getting five percent open space of the housing subdivision, I guess is my question, we will redesign the plat. We can bring it before you, obviously, to show you what the redesign looks like, but we will provide an acre's worth of open space within the subdivision and not provide open space to that school lot. Bird: How many acres did you say was in the subdivision? Didn't you say it was 20? Amar: Twenty acres. Just a little over. Bird: Twenty-two or something like that? Amar: Yes. There is 1.1 acres for whatever the five percent is. Bird: And I think if you -- I think you take that one lot just to the south there and you have got your 1.2 acres, don't you? Amar: It would take about three of those lots. Bird: Would it take three of them? Okay. Amar: And so what we are trying to do is -- can you go up to the other -- right now we have got entryway landscaping on these areas and also along here that's not a -- that we can count towards our five percent open space, so we can make that a little wider and come up with the 1.1 acres or whatever it is that is just for this portion of the subdivision and, then, we will develop that immediately and meet the city ordinance. Meridian City Council Meeting July 8, 2003 Page 44 of 58 Bird: And you will still donate that ground that goes into the L over there to the school? Amar: Well, no. Bird: Is the school and Mr. Bigham -- we can ask him, but is the school going to leave that east side of their property open, so we have access to that open ground? There will be no fences up there? Amar: You can talk to him. There will be a fence, but there will be an opening in the fence and I think he can address that better than I can. Bird: And they won't be locked down or anything? Amar: I'll defer. Bird: Okay. Amar: I don't want to speak on behalf of the school. Bird: I don't want you to. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And that all sounds well and good. I mean really -- I mean certainly you can do that. You can redesign it, you can separate that out, you have the right to do it, but we can't approve it. I mean we can't approve -- I mean we can certainly approve the concept, because you can do that, you can redesign your property if you choose, but there is nothing we can approve tonight. Amar: I understand that. I guess what I'm saying is approve the concept. I don't want to come back in two weeks and you guys say, well, no, we really didn't like that two weeks ago, we just didn't tell you that. Nary: Well, I already told you I didn't like it where it's at anyway, so I'm saying I'm going to vote for it anyway. If you just redesign it and you just take a couple of lots off of the backside there, I don't know that that's better. You have the right to do that. Amar: I don't think it is better. I think what we have right now we are providing a lot of open space, but I guess what I'm saying is I'm trying to meet the ordinance, I'm still trying to provide -- because I've committed to the school to provide them property, so I'm trying to provide to the school property, I'm trying to meet the city ordinances, and I can do that and in the short term it will be a -- Nary: Well, I can only speak for me, but we have been here before and made conceptual approval of people's ideas and really regretted that, so I won't agree to that. Meridian City Council Meeting July 8, 2003 Page 45 of 58 You can redesign it if you want to. If you want us to vote on it tonight, I think you kind of saw where we are going. If you'd like us to continue it, bring back a different design, have the staff review it, we may need to send it back to Planning and Zoning. If it's a significantly revised Preliminary Plat, we may need to send it back, wouldn't we, Mrs. Powell? Powell: If all that happens is that lots get converted from residential to open space, I'm not sure that we would, but yes, if there is a major redesign of roads and -- then, it maybe necessary. Nary: It just depends on how material the change is, is, really, all it is. If you want us to continue it a couple of weeks, you can redesign it, you can bring it back, that's the best I would commit to. I don't know about the rest of the Council. Amar: The redesign would -- the subdivision is going to look the same, short of it will be minus one lot, this lot, that will be separated out from the subdivision and we will work out negotiations with the school to do that. Then, we will provide about an acre's worth of open space within this portion of subdivision. Based on Mrs. Powell's definition, I don't believe it would be a significant redesign. Corrie: You will still have the tot lot? Amar: Yes. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would continue -- and if he meets the ordinance, I have no problem going for it, as long as you meet the ordinance. Amar: I will meet the ordinance. Mrs. Powell: Mr. Mayor, Members of the Council, would you be -- I'm not sure that he can just make that school lot go away out of the subdivision. Would you be opposed to him including it as a lot in the subdivision, but not being required to provide the five percent open space for that lot? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Well, how do we do that? We haven't done that before. We have always included it as part of the plat. If it's part of the plat -- Powell: The landscaping ordinance, I believe, allows for alternative compliance and you could you -- you could make a decision that that lot, because of the open space Meridian City Council Meeting July 8, 2003 Page 46 of 58 generally associated with a school, that they will maintain in of themselves the minimum of five percent and I think that that would be fairly reasonable that the school would never develop all of that property. Nary: Wouldn't we need the Planning and Zoning Commission, then, to hear that to make that recommendation that it be allowed as alternative compliance, rather than us just doing it? Powell: Well, no, actually, just I can do it. For some reason the authority rests with me. I'm never quite sure why that is, but it does say that the administrator can approve an alternative landscape requirement. If these are going before you, obviously, we want to get your feedback on that, but in this case I'm not sure that you would have to take it back to P&Z just for that reason. If there are other reasons, then, that would be -- Nary: As long as there is findings that comply with the ordinance, I think -- I mean I don't -- at least for me I don't have a big problem, other than I just don't like where it is, and that's not going to change. I don't think my mind is going to change. Amar: I guess we would still meet -- we would meet the ordinance with five percent and that's what I can guarantee you, I guess. Bird: That's all we can ask you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess in my opinion we are going to get less and I like the fact that when we brought the landscape ordinance -- and I know it was a concern that the school district also asked us to consider -- this is finally a step in that direction, that that land would have been donated, deeded, or whatever, but I liked that, it was the right direction to go in, and making up an open space and some of the setbacks and other landscape or drainage areas is not going to make that green space any bigger and so -- but I guess I'm in the minority right now, so do what you need to do. Corrie: I would hate for it to come down to two and two, a tie. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I'll try to make this my final word, but I don't see how we are going to get less. The school is still going to be there -- unless the school is going to get smaller. The ground isn't going to change it's still going to be 35 acres. We are requiring the five percent be contained within the homes. We are not going to get less it's just going to be different. Again, I personally don't like where you're putting it. If that's where it is in two weeks it probably won't change my mind very much, but if everybody else likes it, I have Meridian City Council Meeting July 8, 2003 Page 47 of 58 been on the losing side before. I can live with that. We are not going to get less, the school is still going to be there, we're still going to have green space, we are just not letting them borrow it to use it as the percent that's required for this housing development. I don't see why that's a loss. How you choose to redesign it may be the reason we may approve or deny it. If it looks like you just took a lot out and all it is, is a little bit more grass, we have turned those down, too. You know, you can be creative or not, that's your call. I agree you tried to do that with this one, I don't think that sells very well. If you bring it back and it's just a piece of grass that may not sell very well, either. Amar: I think we will probably just agree to disagree, but what you will get is the same - - in my redesign -- and I may as well be up front, because I usually am -- you will get the same -- we will cut off this portion of the open space, you will get this same area, it will be a tot lot. This open area or entrance area, whatever you want to call it, will be widened by 10 feet or 20 feet or whatever it takes. This will be widened ten or 20 feet. This will be widened ten or 20 feet, so all your areas will be widened ten or 20 feet, so there will probably be some sort of landscape medium in through here and this pathway, instead of being a part of the school lot, will be a part of the subdivision and made a little wider. What you're going to get and what I'm going to bring back to you and propose to you is what I have here tonight, with the exception of the medians being wider. The school is still going to be there and the subdivision is still going to look the same, but I will be able to comply with your ordinance. What you won't get is an immediate improvement of all this green space. Even though the subdivision is going to have the required five percent per ordinance and will meet ordinance, it's going to be a -- in my opinion, not as good of an opportunity as we have now. The school won't get the land donated to them, they will be purchasing that land, and so the taxpayers also -- Corrie: Wait a minute. One time you said you were giving it away and, then, you say they are going to purchase it. Which is it? Amar: Well, if I can't -- if I am not allowed to do what I'm proposing tonight, then, they will purchase it. It's a benefit to me to be allowed what I'm going to do tonight and so I think I should give a benefit back to the school and I think that's what Mr. Bigham is also trying to do is let's cooperate as schools and developers in the city. Corrie: Well, you can take a chance. I mean if it's still two and two, you probably won't get it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess one more point is to move that open space into another location -- I guess I like it there, because we have always had this vision, expectation, that as our Police Department drives through here there is vision into the school lots. I would hate to see them move it and I thought that's what you were kind of suggesting, you don't like where open space is, and that you would like to see it move. I would hope that it wasn't Meridian City Council Meeting July 8. 2003 Page 48 of 58 moved, because you do need that vision into the schoolyard and if -- I just wanted clarity on what you were saying. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: When we have had that discussion, though, we have found that would require a redesign, but we certainly have other alternatives than just having a blank space there. It's not centrally located, the people that are in the front end of that subdivision that are up adjacent to Ustick, really, won't be able to use this at all and, you know, you can design it any way you want, it's your development, do it any way you want, but if you come in here with another piece of grass, it's not going to be very popular, and, you know, you can choose to be creative or not -- I'm sorry that we disagree, but it isn't very central, it doesn't allow access to other people, you can redesign it to allow some visibility to the back of the school if you want to, you don't have to. You can do a lot of different things with this ground. It may be limited, but it is 22 acres, that's a pretty good piece of ground. You know, telling, you know, we could have made it better, but you guys didn't want it, you know, that doesn't sell very well with me, you know. Amar: I'm not saying that. I'm saying -- I'm trying to meet the ordinance. Nary: And that's okay. We can disagree and that's fine, I don't care. Design it anyway you want to design it, we get to choose whether or not we like it, but I just don't think you're providing adequate -- it's supposed to be usable open space. I don't think it's usable open space when it's really accessible by about a quarter of your subdivision and the other three-quarters of it really can't use it. That doesn't appear to be usable open space to me. You can use it some fashion and you can design it anyway you choose, you just take your chances. I would hope you would be more creative than that, but you can do whatever you want to do. Amar: Okay. Well, one question. When you say another piece of grass, what are you referring to, just so I know what not to do. Nary: Well, it sounds to me like you were going to have a tot lot and take one of those residential lots out and just put grass on it. That doesn't sound like much of anything more than what you got there. That's not being very creative, that's not providing much of an amenity, that, to me, isn't much of any significant change and I just think you could be more creative than just taking one lot out and putting grass on it, so -- that's all. Amar; Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting July 8, 2003 Page 49 of 58 Bird: Before we continue this to another -- a later date, as the applicant has asked, this is a Public Hearing, you know, Mr. Bigham is a busy person and there is some questions I'd like to ask h'im and there might be some people here from the public that wants to testify that can't make it in a couple of weeks, so let's continue on this, because we could sit here and we can sit here and argue for an hour and a half and not get anything accomplished, so I would move that we move on with the Public Hearing and see if anybody else would like to testify. Amar; I would like to say we did have a neighborhood meeting on this and there were three different families that showed up. The Quenzers were -- showed up and Mr. Langley were all the families that showed up and they came to the Planning and Zoning meeting, but they had no concerns. We do have an irrigation ditch, a feed ditch up in the front, that we will have to tile in order to provide the Quenzers their -- Bird: You got to tile it? Amar: Yes. Bird: Do you have to tile it? Amar: It's a 12-inch private irrigation line that we can't or can leave as on open ditch. Right now it's a concrete ditch. We just have to tile it, because it will provide the Quenzers their water so, yes, thank you. Corrie: Okay. This is a Public Hearing, so, Mr. Bigham, anybody like to testify that won't be able to come back in two weeks or next week. Yes, Wendell. Is the testimony you're about to give the Council the truth, so help you God? Bigham: Yes, it is. Corrie: Thank you. Name and address. Bigham: Wendell Bigham, representing the Joint School District No.2. I wasn't here for the earlier part of the discussion. I apologize. We have now moved our board meetings from Monday to Tuesday nights, so I'm here at the tail end of for hours of board meetings for me, so I will try to remain succinct. I want to try to reiterate just a little history of what we are conceptually trying to do. The school district is finding it somewhat difficult to deal with the small acreage developers, difficult in a structural sense, not in a personality sense. How do we work with the 35-acre lot where we are going to impact 40 percent of the land use for 10 or 12 acres for the elementary schools and one of the things I have always maintained all along is trying to avoid the loggerheads. Is this development better with the elementary school in it, than the loggerheads of fighting over -- disagreeing over a percentage of landscaping where Mr. Amar comes to the school district and says we are just not selling you the land and, then, we are confronted with the, well, we are just not going to approve your subdivision position. That's adversarial. What's the greater good? The greater good is to get green space into the smaller subdivisions and we can talk about where it should go is Meridian City Council Meeting July 8. 2003 Page 50 of 58 i. certainly point of interest. Philosophically, what I'm trying to do is say this amount of landscaping, whatever. it is, while it is on the school district's property, serves the neighborhood better than trying to just deal with the five percent requirement of this. We like going in as a lot and block within the subdivision, it makes our future application a lot easier. This elementary school site is out ten years, 12 years. It's a long ways out there. The subdivision will be built out. Is there a way to get the grass space into here? From an organizational standpoint -- I don't know if you told them, Kevin. The parking lot is down here the circulation is in and out of here. Our X-shaped building is kind of sitting in here like -- well, I can't draw tonight. You know, sitting in this vicinity. This access provides potential -- well, this would probably be the secondary emergency vehicle access. The supervision by the Police Department is of interest, because this is the green open area that creates the noise at night and there will probably be a playground structure in this vicinity and I think one right about there, you know, how we separate the playground structures in the back of a school. This is going to be grass in our plans. If we want it today, perhaps not in the most attractive, you know, it's just a sea of grass, or do we want to wait 12 years for it to come. Again, my personal thoughts are the grass on the school district's property cannot be in lieu of the five percent requirement, but the other side of that coin is to bring the developer and the school district cooperatively. Can it accommodate some percentage of that five percent? Half of it 30 percent of it 40 percent of it? Because we could be confronted with five percent of this or five percent of this and no school, if we come to loggerheads. Our thought was what could we do cooperatively to entice the developers to work with the school district? Do we get a better price on the land? Who knows? You know, we go through the land negotiations. It's how do we philosophically work, because we are not always going to see these 200 acres, 400 acre subdivisions. Now, this school geographically is very important to us. It's fortunate that Kevin came to us. It's unfortunate that he came to us. It's kind of at the tail end of the sewer in that part of the world. That's very critical to us so, we will play it pretty straight up. We have tried to make cooperative efforts and we are certainly not trying to dissuade any of your concerns, but I think at a minimum we would like the school there. If it turns out that it's five percent of this -- I can't speak for Kevin, you know, that's his concern that works. The greater good is to get the school here in this larger area and that's what we are trying to participate in. We have not dealt with our attorney in terms of the purchase agreement of the property as to how we legally carve that out. If he donates that little one acre, half acre, whatever that is, two acres, whatever that chunk is to us that is excellent. If it turns out he has to put the five percent in there, then, we would expect to pay something approaching fair market value for that property. Again, it's very hard to leverage a real good deal when you're only taking half of their land. With that I would stand for any questions. I just wanted you to understand where -- the background of how we came to kind of the solution. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Wendell, as I take it, then, even though we have a fence up there along the east border and probably around the whole school property, it's still going to be open for Meridian City Council Meeling July 8. 2003 Page 51 of 58 children, adults, everybody to play after hours, stuff like that. That's the concern. I hope you understand that the concern is our ordinance says you have to have five percent within the deal. If we make -- if every school or every park is built -- subdivisions are built by and they want to use -- you know, we didn't let the Cedar Springs use the Settler's Park for their green space, you know, we can't let that green space there for that deal. Also -- and maybe it's just that the secondary schools, but as I understood, there will be no openings to our Kiwanis Park out at Mountain View. No way to come through that. Bigham: I can address that. Bird: Would you -- you know about it or is that true? Bigham: Yes. Yes and sort of yes. Bird: Okay. Bigham: I can speak to that if you like. Bird: You bet. I would like. Bigham: Mr. Mayor, Councilman Bird, briefly, what we would do -- certainly, we fence our entire property, we get a little nervous when we lose children. What will happen in this -- initially, I would advocate that the developer be required, if this is acceptable, to fence that area off, so the grass doesn't just run out into our sea of weeds, that we will have to maintain there. The permanent fence will be -- down to here there will be a break in it for a walking path, which would come into the front of the school in the parking lot area here, it will be fenced solid down along here. Our desire would be to have a six foot high chain link fence or a solid slat vinyl fence, which we are going to give that a try, that's at the developer's expense, trying to avoid that six foot cedar fence, six foot high chain link fence, and that no man's land of who maintains it between there. Solid fencing along here and we would, then, fence to this point and we would fence -- I would probably say diagonally across there, with an unobstructed opening -- five foot -- four foot opening with a bollard, so you can't drive your four wheelers through it. It's to provide limited access and easy supervision. We can't totally lock off the perimeter, but we don't like really big holes in it and with a small opening there it would define this area as, if you will, as a tot lot for the underage children in the neighborhood to come to a place and play and, yet, provide playground structures and grass in this area for the older kids in the neighborhood, knowing full well that it's from 8:00 until 3:30 that, you know, we kind of keep track of who comes onto our property and that was the concept behind this and, then, the offset was -- and I understand the ordinances and I'm not advocating that we violate the ordinances, I'm just advocating that if we have an alternative landscape solution or a little different way to think about the greater good -- and I'm worried about the greater good being whether there is a school there or not. Bird: I agree with you. Meridian City Council Meeting July 8, 2003 Page 52 of 58 Bigham: That's my concern. Bird: Thank you. Bigham: The second one, Mr. Mayor, Commissioner Bird, if you'd like to give me a calli can talk to you about the Kiwanis Park. Bird: You bet. J'd love to. Bigham: I don't want to take up the time tonight. Or if any of you are interested, I'll let you know kind of what our concerns are. Bird: I know you got something. De Weerd: Oh, we'd love to hear about it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. Mr. Bigham, you know, I think it was probably a year, year and a half ago that we had a discussion at our work sessions that we used to do about having some more cooperative agreements between the school district and the city and using some of the school property as some public open space and trying to define that, because the school had concerns about access and use during school hours and the like and we don't seem to be anywhere on that and that sort cropped up before you came in regards to this, because we really don't have anything particularly defined between this public space that's going to be used by everyone versus that tot lot, which is not usable by everyone and we don't have any real definition between this partnership, which I agree with you is a good thing ultimately and, hopefully, we either have, you know, some alternative means to address that in our ordinance, so we aren't simply throwing it out the wJndow, but we don't have anything, we don't have an agreement with the school district, we don't have any relationship or agreement established between the school district and the city or the school district and what do we do, what protocols exist in dealing with private developments. I guess -- I agree with what your concept is, but we don't have anything really on paper to really address that as to how we go fOlWard on that. Bigham: Councilman Nary, you're right, we need to look at it -- and it's kind of -- there are two different components. One is the schooJ district public park joint use cooperative effort, which, I believe, Anna is aware all of my concerns about that. Operationally, on a structural level, it is exceedingly difficult to meet both of our missions. It's absolutely a worthwhile discussion to continue to have. The other side of this discussion is public open space, but not a city park. This is a developer provided park and the school district. To be perfectly honest, we don't want anything to do with homeowners association, irrigation systems, we don't want to share maintenance, we don't want anything to do with the homeowners association. Meridian City Council Meeting July 8, 2003 Page 53 of 58 Bird: We don't either. Bigham: So, what we are trying to look at is what's the stop gap, the inner in-fill, what's gets this area a place to play catch the mustard, soccer, until we get around to building this thing in ten or 12 years. I don't have the answer to it. This simply represents our attempt at throwing an option out there -- and it may not fit any of the rules, in which case if it doesn't fit any of the rules, we will certainly -- I'm certainly not asking that you break them, but in the back of our minds we need to be conscious of how do we acquire three and a half to four percent of all land in every square mile for school district use when you can't always deal with -- the big developments bring a whole other set of problems, you know, and how do we deal with the 35 acres. This is an option we are certainly willing to try to work with it out with Mr. Amar, we are desirous to have a school site there. Could we live on a little less land? Yes, we could, but I'm not sure how that -- us giving up the land would contribute to more of his ability to comply the ordinance. Corrie: Anyone else from the public like to testify? Okay. Do you want to continue this, then? Bird: I'd make a motion, Mr. Mayor, if you will accept. I make a motion that we -- oh, did you want to -- Amar; Kevin Amar, for the record. I think we have a compromise that we can -- without a redesign we can still meet the five percent. I have been sitting down here scratching my head trying to figure this out. Still provide the school with what they want and make everybody happy in the end. We can still meet ordinances, so there isn't any concern of setting precedent to revise ordinances or to revise anything else. And that compromise would be this: We do have some opportunity to make this park -- this portion of the park slightly larger and add about 8,000 square feet, which would increase that open space. Based on Mrs. Powell's testimony, we can exclude this from the required open space. Now, if we do that, we need, like I said, about 1.1 acres. My compromise would be this we provide with this park and with other landscaping amenities and buffers and widening entryways, we provide that permanent 1.1 acres of open space for this subdivision, but we also improve this area, so there is going to be an acre and a half of immediate open space of immediate use. Obviously -- I mean we are not counting as the open space, but it's beneficial to the subdivision. So, the compromise would be allow landscaping, more open space than would be required by the ordinance, but still putting five percent of open space for this -- still leaving 1.2 acres or one point -- whatever it is -- 1.1 acres worth of open space within that subdivision. We can still leave the school here, it requires no redesign, really -- I mean we have to widen -- narrow some lots or whatever, but it's easily done and there is no redesign and we still provide our five percent open space, there is no precedent set, the school still gets what they want, and there is still a large play area. I would submit that that be a compromise or a working solution or whatever you may want to call it, but I think in the end everybody wins. Nary: Mr. Mayor? Meridian City Council Meeting July 8, 2003 Page 54 of 58 Corrie: Mr. Nary. Nary: You know, I know we disagree tonight, but I knew you could come up with something that would be much more workable and that does sound very workable. I think what, I guess, I would like to see is I kind of want to see it -- I mean I really don't want to approve what you just said without seeing it. I think there may be -- I guess like Mrs. Powell said, we have the opportunity to provide whatever appropriate conditions may be necessary to make sure we kind of get all of those things taken care of. One of the things that I think is probably going to be necessary, though, at least to me, we put lots of sign on streets saying at some point in the future this is going to be a street. We may want to put something there that at some point this is going to be a school, so that people know that that green space exists now, but it may change in some complexion in the future. Can we continue this a week or two to make sure we get all of the -- to kind of get your pencil and paper done, get conditions that may fit, as well as some findings or some staff report that indicates, you know, why this alternative compliance is appropriate and why it complies with our ordinance, so that we aren't setting precedent. Is that going to work? Amar: Ultimately, it's your decision, but, no, I'd rather -- we want to build this yet this year and so two weeks if -- it's two weeks at the end of November when it plays out at the end through construction and, then, don't -- Nary: How about one week, so we can kind of see it? Amar: I don't mind showing it to you. I guess my -- I'm happy to show it to you. I'm very open and I'd much rather you know what I'm doing than not, because I don't like surprises, I like them twice a year, on my birthday and Christmas, short of that, no surprises. Yes, we can -- one week on Tuesday; right? I've got to -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nary, you know, if we -- if we understand his conception, he's doing basically what he said he would, even though it's not counting in the existing sub, he's still going to give us that and, then, he's going to do the extra on the other deal, and who is -- this piece that you're giving that's going to be part of the school property, whose name is it going to be in until -- [ mean are we going to -- is the school district going to have it and it be in their -- under their deed? Amar: Are you thinking of this piece? Bird: Yes. Yes. Meridian City Council Meeting July 8. 2003 Page 55 of 58 Amar: It would be -- we'd have to work out -- Mark Freeman is not here. I think he's going to have to answer. that question, but in my mind that would be owned by the school immediately. Bird: And you guys would -- Amar: And we would have an easement. Bird: And you would have an easement and take care -- and get it planted in and stuff? Amar: Correct. Bird: I think Wendell would like to see that. Amar: And we can fence around that. That's fine. Bird: Why can't -- I would be in favor of passing it tonight on the condition -- Corrie: On the concept? You're-- Bird: Go ahead. Corrie: Excuse me for interrupting, but -- Bird: No. No. You go ahead. Corrie: -- you don't approve anything on a concept before, why would you do it now? Bird: Well, it isn't really a concept, it's drawn out. It's -- we are just going back to the -- we are going back to the old plat with a promise. De Weerd: No. Bird: And I have no problem -- what do you mean? That's exactly what you've got there is just what he said. The only thing he's going to do is widen -- well, yes, you are going to widen some -- Amar: We will widen this lot by -- Bird: You're widening some entries. I'm sorry. You're right. I have never approved anything on a concept before yet. Nary: Mr. Mayor, I was going to mention, Mr. Bird, I heard him say that last week and I heard him say it again. Bird: Yes. Meridian City Council Meeting July 8, 2003 Page 56 of 58 Nary: I know we don't -- I know it seems like a delay that -- but I really think we need to -- Amar; If we wait a week, that's fine. Nary: And I think that leaves the staff some adequate time to make sure that whatever conditions they feel may be additionally necessary, to give them an opportunity to sign on the -- so I think -- I guess I'd feel safer, I think we might also be safer. I think you have come up with a very good compromise and I appreciate that. Thank you. Powell: Mr. Mayor, Members of the Council, I think because that ownership is changing, I'd like to see the applicant provide that open space in two different lots. Amar: When we come back there will be a line drawn here, basically. This will be dashed with an easement. It will still be there, but it will be dashed as an easement. This will be another lot, so we are adding a common lot. That will really be the -- could it be wider? That will be wider in these little areas and in here will be wider, but that's the changes that will be back before you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that, I would move that we continue the Public Hearings AZ 03-008, and PP 03-008, and VAR 03-013, to July 15, 2003. Nary: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing on Items 15, 16, and 17, request for annexation and zoning, request for Preliminary Plat, and a request for Variance on Birchstone Creek Subdivision until July 15th. Any further comments? All those in favor say eye. Opposed no. The ayes have it. We will have a continued Public Hearing. MOTION CARRIED: ALL AYES Corrie: With that, I have nothing else on the agenda, so J will entertain -- De Weerd: Oh. Corrie: You forgot. De Weerd: I forgot to add this -- Corrie: Well, let's see. You will be -- okay. Say what you want. Item 18. Fire Station No.3. Meridian City Council Meeting July 8. 2003 Page 57 of 58 De Weerd: Mr. Mayor, I apologize that when we approved the agenda that I failed to remember to add it on the agenda, but I had wanted to bring up the issue of the Fire Station NO.3. When we originally talked to the rural fire commission about Station 3, we had mentioned that we would do what we could to waive the Building Permit fees and that sort of thing. They are at that stage where they to need pick up their Building Permit fees -- or Building Permits and they are being charged and so I would like to see Council's opinion on that, so that the Mayor can work with the Building Department tomorrow to get that Building Permit out. Corrie: I think that's good. I think we have to make sure that we are not giving them -- we can't do anything for ACHD and some those people, but the Public Works building guy, Daunt, has a -- he said he would give his part, but he has another one that reads to -- The blueprints and you might have to pick me up. De Weerd: Well, if he had a way to waive the ACHD fee that would be great. They weren't asking for that, they were just asking on the city side of things. Nary: Mr. Mayor? Corrie: Yes. Nary: I guess it is a fairly unique situation. I don't see us really having to cross that with anybody else, when we have had -- the Chamber built a building on property. I'm assuming they made them take Building Permits, but -- De Weerd: No. They were waived. Nary: Oh, they were wave there? It all seems reasonable to me, then. Bird: I think the Mayor and -- you have not only got Daunt, we have got those other -- Ron and the other guys that -- Corrie: They sometimes work that they will get the credit for it, but they would donate their -- Bird: Donate to -- you bet. Corrie: And, then, that way they get a tax break. Nary: Do we need to do a motion? Bird: Yes. Corrie: It might be a good idea. Just give me a little more leeway. Nary: Go ahead. r.. 0' Meridian City Council Meeting July 8, 2003 Page 58 of 58 De Weerd: Mr. Mayor, I. move that we authorize the Mayor to work with the Building Department to waive the appropriate fee or fees where appropriate in regards to Fire Station NO.3. Bird: Second. Corrie: Okay. Motion made and seconded. Any other discussion? All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Thank you. I move that we adjourn. Bird: Second. Corrie: Motion has been made and seconded to adjourn. All in favor say aye. MOTION CARRIED: ALL AYES Corrie: At five minutes to 10:00. MEETING ADJOURNED AT 9:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~,~ ROBERT D. CORRIE ~ j 2Z-jt/3 DATE - - July 3,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department July 8, 2003 ITEM NO. 8~B REQUEST Reimbursement to Havasu Creek. LLC, for Water System Construction Costs - Havasu Creek Subdivision No.1: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo vU ~rr Contacted: Emailed: Date: 1 ~31)3 Phone: ~e.c'(:.l~ <: -t~,VIAy:'St lie . CJ.l VV\ Staff Initials: % Materials presented at pubflc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUL - 2 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E, CC: File, Gary Smith, PE, City Clerk Date: 7/2/03 Re: Proposed Agenda Item for July 8 City Council Meeting City Of Meridian City Clerk Office I am requesting that the following item be placed on the July 8 City Council agenda, on the Consent Agenda, for Council's consideration: Reimbursement for Water System Construction Costs, Havasu Creek Subdivision No.1, to Havasu Creek, LLC. After preliminary plat approval and during the construction plan review process for Havasu Creek Subdivision No.1, our water modeling of the area around this development indicated that a pressure reducing valve (PRV) needed to be installed in a different location in the overall project than originally stated by staff. This revised location will provide better fire flow to the area and particularly to the future elementary school. Havasu, through Briggs Engineering, agreed to design the PRV and associated underground vault. The Engineering Department subsequently approved the design and the project is now under construction. Since the PRV serves to enhance fire flow capabilities in not only the Havasu projects, but also the surrounding area, Havasu is requesting reimbursement for these improvements. We directed Havasu to procure three bids from contractors, which they did. The low bid of $20,500 is relatively close to similar PRV installations completed by the City in the last year or two. Staff agrees that reimbursement to Havasu is appropriate. Since defining benefit areas of a PRV is, at best, an arbitrary exercise, staff recommends a reimbursement of 80% of the total cost, or $16,800. Recommended Council Action: Approve reimbursement of $16,800.00 to Havasu Creek, LLC representing 80% of the total construction costs associated with installation of a pressure reducing valve and authorize the . Page 1 Public Works Department to issue a purchase order to Havasu Creek, LLC for reimbursement in that amount. Thank you for your consideration. . Page 2 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/16/03 11:09 AM ~~~~~bE~~~~~ul~~~F IIIIIIIIUIIIIIIIIIIIIIIIIIIIII III III Meridian OIly 103117610 AMOUNT .00 5 CITY OF MERIDIAN ORDINANCE NO. 03- I {} Z '1 AN ORDINANCE FINDING THAT THE OWNER, CHRIST LUTHERAN CHURCH, FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED AT 1406 WEST CHERRY LANE, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for are-zone of the zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to L-O (Limited Office) District as defined under Meridian City Code S 11-7-2 G; and PAGE 1 OF4 A tract ofland situated in the Southwest 14 of the Sou Township 3 North, Range 1 West, Boise Meridian, Al as follows: CHRIST LUTHERAN CHURCH (L-O) RZ-03-005 / RE-ZONE ORDINANCE Commencing at a found Brass Cap monumenting the South 1f4 Comer of said Section 1; thence along the southerly line of said Section 1, said southerly line also being the centerline of Cherry Lane, S 89042'08" W a distance of 1852.88 feet to a point being the POINT OF BEGINNING, said point also being N 89042'08" E a distance of 800.00 feet from a found Brass Cap monumenting the Southwest Section Comer of said Section 1; Thence N 00027'20" W a distance of 32.68 feet to a found 5/8" pin in a 2" iron pipe on the northerly right-of-way of said Cherry Lane; Thence continuing N 00027' 20" W a distance of 31 7.3 2 feet to a found 5/8" pin on the westerly line of Dunten Place Subdivision, a recorded plat in the book of plats on file with Ada County; Thence S 89042'08" W a distance of775.00 feet to a found 5/8" pin on the easterly right-of-way of Linder Road; Thence continuing S 89042'08" W a distance of25.00 feet to a point on the centerline of Linder Road, point being N 00027'20" W a distance of 350.00 feet from a found Brass Cap monumenting the Southwest Section Comer of said Section 1; Thence South 00027'20" E a distance of 195.00 feet to a point on said centerline of Linder Road; Thence N 89042'08" E a distance of 40.00 feet to a found 5/8" pin on the easterly right-of-way of Linder Road; Thence N 89042'08" E a distance of 435.00 feet to a found 5/8" pin; Thence S 00027'20" E a distance of 125.00 feet to a found 5/8" pin on the northerly right-of-way of said Cherry Lane; Thence S 00027'20" E a distance of 30 feet to a point on the centerline of Cherry Lane, said point being N 89042'08"E a distance of 475.00 feet from a found Brass Cap monumenting the Southwest Section Comer of said Section 1; Thence N 89042'08" E a distance of325.00 feet to a point on the centerline of Cherry Lane, the POINT OF BEGINNING. Comprising 4.738 acres. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with CHRIST LUTHERAN CHURCH (L-O) RZ-03-005 I RE-ZONE ORDINANCE PAGE20F4 ( law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property which is the subject of this ordinance is legally described in Section 1.1. on page 1 and 2 of this Ordinance. SECTION 2. That the above-described Property be) and the same is hereby re-zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances) resolutions) orders or parts thereof in conflict herewith are hereby repealed) rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage) approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 8..f!::: day of ,TuLj , 2003. APrROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 8/j;; day of ,_T.~ ,2003. CHRIST LUTHERAN CHURCH (L-O) RZ-OJ-005 I RE-ZONE ORDINANCE PAGE 3 OF 4 ( ATTEST: ~ ~ ~ - ~::: CIty Clerk ~ ~ vs ~ '" 0 ~ F' R d' ? no'? -:. <:> r 15 \ . .;<:: $' lrst ea mg: . -z; -..;J ~ '1 ~~ ,...'" Adopted after first reading by sus?(rr,l;;l~l{e.:R::~'as allowed pursuant to Idaho Code 50-902 Yes: XliiI/un !'l\r&\ Second Reading: .- Third Reading: STATE OF IDAHO, ) ss. County of Ada. ) On this <6~ day of c:f~ ' 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 of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ._-VIi" .... N 8 ... .. ~_--_~JL;..A .. .. '1' A ;'~.~.y .. ,~O ~"'4'( ""'f...:l.. 1iJ"-',' ..... -.r- \.......,. m-~I \ ~ D r \ D III : ' II Ii!. l · III Ii1 l I '" . \ / '" () \ f'om;C' 41' .. ~~...... . :\!~' o. .A ... ",'" .. y.. "'1.,.;,----...n .. (Jo."J:SOF .lY.... "'D......... Z:\Work\M\Meridian\Meridian 15360M'Christ Lutheran Church RZ 03005 CUP 03 012\RZOrdinance.doc (SEAL) 2f'1cvrfYl ~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: AdC<.[bl{..nt;e/Jd~ MY COMMISSION EXPIRES: -2.%1'05 CHRIST LUTHERAN CHURCH (L-O) RZ-OJ-OOS / RE-ZONE ORDINANCE PAGE 4 OF 4 ~ I z-I)- r -+-' C Q) E :J C 0 :E Q) 0.. C C 0 Q)'- c-l 0.. U :C3: 0 (/) Q)'-...., Q) CO (/) cO:: '- '-...., 0 <( '--0 Q) l!"J (OQ) U01 Q) -+-' C C -0 -00 -0:':; 0 c cZ o (/). N :J :J O'X Q) 0 o (/) O:::W 0::: u... u...<( 0 Z W CJ W [3. -l ~ f?(j 6(;/ '(;02 601 . is!:Jr,J N00"27'20"W 317.32' ~ ~ri. ,. E,,! U~ ~1 ~ ~_I "'"' .,"', ,.. to 010 ~~ NN bl") ~~ ~\~-' ~ 0' S- o.;:. ~ Cl' .;:. .~ '7L \;> \ I I 1 I I I I I , I I I , I I I I I I , I , I , I I , I 1 , I I , , I !~ 1 r 0' 1 S. , '';:;' ! ~ I 1 Cl' I .;:;. I ~p : \II 'w <, Iz Q ~:S I I, >- 1.1 0:: go::: ,0 W ,g :r: I"U "' ,.Ow J~Z i:J J: 0:::: " W 'I- Iz IW i!U 1 ~II; "" "" "'1 ~lli "" ... , ~I! , " Ii , " II " ;i Ii ~I'I! ,~ ~II: CIla : z ~ J ,OO'S6l3.0<:.Ll.OOS O'ifOCJ t130NI13Nll:,J~lN35~- NJ 6u!uoZ 6U!lS!X3, '. ~/ .q- 0::: 01 C C o N en c :;:; UJ X W -~\ ) ./ D- <( :2 z 0_ 1-0 <Co u__ o II --.J;:: C) z z o N :s: w z b ~~ .;:: 0 ~~ OJ m m I tf) ()-... "1" (j) ~ ......... ~ <\) () '- N '- I U'I ~') () ~ r- tf) li. d) ~ l) ~ ~ ,~ () LA. ID ~ l) It: ~ .~ <.\:.) .:d. c tl L IL s: If'l () U'I lI\ . 0 ~ .... t ~ .~ ~ ~ C() ~ ~ ~" -- OJ o () (f) CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. tJ:J -It? z r ,passed by the City Council of the City of Meridian, on the 8t.!:- day of Jue~ ,2003, is a true and correct copy ofthe original of said document which is in the care, Cll tody and control oftR~\wiijr,IiII' Clerk of the City of Meridian. ,...,\\~; Of MER,).'I"/,, " :'\' (,./4 /,.. $' c} ~PO~ ~ 'l~ 2' _...cP l(---. ~ ~ ~ v ~ - - - - - - - - = = STATE OF IDAHO, ) : ss. County of Ada, ) On this . <is#-- . day of oJuU{ , in the year 2002, before me, SVut,ViYlSrYU..Je-. fJ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) .o.GllIl!IllI4' 9-.0N S~~ ..~~~---~~~.. fi~~;~O'I~;:..~." 1!1~' ""V \ ;I . , , m II : I III a I , a G , , . p. \ l 'It " .. btr-_-C' If ". ~~...~uuJ:n.Jl1,~~O.. ..~.i'11ifoilQ~. 0.......... ~hOJUrrJ Srrk ~ Notary Public for Idaho Commission Expires: if -2~ -05 Z:\Work\M\Meridian\Meridian 15360M'Christ Lutheran Church RZ 03005 CUP 030 12'CertificationOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN RZ-03-005 PAGE 1 OF 1 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF FAIRVIEW LAKES, LLC FOR APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION, LOCATED ON THE NORTH SIDE OF FAIRVIEW AVENUE, APPROXIMATELY ~ A MILE WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO C/C 06/24/03 C/C 07/08/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-033 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 June 24,2003 and continued until July 8, 2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Sonya Allen Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Anna Powell Planning Director for the Planning and Zoning Department, and Doug Tamura, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION I CFP-03-033) Page 1 of6 1. The Final Plat of "DEVON PARK SUBDIVISION NO.1" as evidenced in Plat bearing: "DEVON PARK SUBDIVISION NO.1, The Southwest 14 of the Southeast 14 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho. 2003, 02129SD1.DWG 5/2/03, SHEET 1 of3, HANDWRITTEN DATE: 7 MAY 03, ANDERSON-DAVID & ASSOCIATES, INC.", Fairview Lakes, LLC - Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor. and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Plarmer I for the Planning and Zoning Department, dated: City Council Date: July 8, 2003, listing 27 Conditions of Approval- Final Plat, 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 a July 1,2003 letter from Doug Tamura pertaining to the project, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 8, 2003 meeting as follows, to-wit: 1.1 Per Council action at their July 8,2003 meeting CONDITIONS OF APPROV AL - FINAL PLAT condition number 19 shall be deleted in its entirety, number 3 and number 6(d.) shall be revised and shall now read as follows: CONDITIONS OF APPROVAL - FINAL PLAT 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro- paths, and irrigation, shall be installed and approved prior ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION / (FP-03-033) Page 2 of6 to obtaining certificates of occupancy. The frontage landscaping along E. Fairview Ave., N. Retail Ave. and E. Carol Street is required to be landscaped prior to the City Engineer's signature on the final plat. All remaining landscaping required with this plat shall be installed prior to issuance of a Certificate of Occupancy on each individual lot. 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. 6.(d) One additional tree will be required to go inside the project along the northwest boundary and shall be placed at applicant's choosing. (Per action of the City Council at their July 8, 2003 meeting.) 1.2 Comply with the Meridian Fire Department's requirements as follows: 1. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Optic om Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department The proposed fire hydrant locations will be submitted to the Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 6. All access roads within the project shall have a clear driving suITace with a minimum width of20' available at all times. The typical street width of33' will be allowed to have parking on both sides. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION / (FP-03-033) Page 3 of6 The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 7. Operational fIre hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. 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. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.4 The Applicant submitted a revised Landscape Plan dated 7-1-03, and which Plan is approved. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION / (FP-03-033) Page 4 of6 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 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 8 tl-t day of ojlilly , 2003. Attest: BY:~ OB RTD. CORRIE Mayor, City of Meridian \\\111111111111 \", {II \\\\.J Of Mff'lIDIIII/ "" 0 ' '4. "-'.... ! (j c,of\POI1"1 h r,..z, \ 2 ~ <0 ~ - - - - - - ~ = ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION / CFP-03-033) Page 5 of6 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, . \\\\111111111/// and CIty Attorney. "",1\ Of MER. /111111 " ...-..1. I'D/. 1."..- ,,' ~, ~A. 'l $ (j o~POI1.4 h -v ~ ,/ ~ ~CJ ~<) _ BY:4!Jti~P~1 f).. Dated:?- A -tJ3 t' \ , , - Z:\ W ork\M\Meridian\Meridian 15360M'Devon Park Sub FP-03-033\OrderFP .doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION / (FP-03-033) Page 6 of6 ( MAYOR Robert D, Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466.9272 . Fax 4664105 CITY COUNCfL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William LM, Nary CITY OF MERIDIAN 33 EAST IDAHO iVIERIDIAN, IDAHO 83642 (208) 888.4433 . F A.,'{ (208) 8874813 City Clerk Office Fax (208) 888.4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898.5500 . Fax 887-1297 PLIu"lNING AND ZONING DEPARTMENT (208) 884.5533 . FAX 888--6854 STAFF REPORT: City Council Date: July 8, 2003 To: Mayor, City Council and Planning & Zoning Commission (111. Sonya Allen, Planner I (J Bruce Freckleton, Senior Engineering Tech ~ Devon Park Subdivision No.1 (REVISED COJl;jjlIENTSj '""~-] ~~I .~ , ~. '.' .... ~ . '. " <, -'" ~~. ....~. ~.>'~N~ ..... .-. ~'1 :d' ,., ' . '., ,'-.'_. .)! , . ~ ~ " ~~f ~ ~ . ~ <I tlj ~ !l ~~, rr~ ~ "1 . t~ c l'Ti '1 I i\ i f,l'-"~ S ~' ~:>" \}) . ~, '., / i'! 'i', '<:I ffl' j ~ ,~ '''' _....~. ~......."" ~ ~...;j =;':"~ From: JUL _h 1 2'D03 Re: City Of lVleridi8.11 City Clerk Office · Final Plat Approval of Seven (7) Commercial Building Lots on 14.31 Acres in the C-N and C-G Zones, by ~ (File No. FP-03-033). r()J,j,v,u J4~ )-}JV 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 lVleridian City Council: APPLICATION SUMMARY The applicant, Tamura and Associates, has applied for Final Plat approval of the first phase of Devon Park Subdivision, a seven (7) lot commercial subdivision on 14.31 acres of land, located on the north side ofFairview Avenue, approximately Y2 a mile west of Locust Grove. The City of Meridian recently approved a planned development on this piece of land (Fairview Lakes) that consists of a mix of conunercial and high density residential uses. The proposed final plat is a subdivision of the commercially zoned land within the planned development. Block 3 of the proposed final plat is inconsistent with the approved preliminary plat. The approved preliminary plat shows 4 lots on Block 3 and the final plat also shows 4 lots, however, the lot configurations have changed. The applicant submitted a letter dated May 15,2003, stating that he is aware that it is inconsistent and that no development will be allowed until a detailed conditional use (planned development) is approved. If the new detailed planned development is denied, the applicant must re-plat Block 3 of this subdivision to be consistent with the approved preliminary plat. The applicant has also submitted a letter dated July 1, 2003, requesting that they be allowed to landscape the frontage along E. Fairview Ave., N. Retail Ave., and E. Carol Street at this time with Phase I, along with the construction of the roads. The applicant is requesting to construct the remainder of the required landscaping for Devon Park Subdivision No.1 as the construction PP4J3-D33 ExJt/bil //;=r( I ot 5 Devon Park SUbdLVisior.&. .FP Mayor & City Council Transmittal Date: July 2,2003 Page 2 phases are built. They would like to landscape Lot 1, Block 2, in conjunction with the construction of the office buildings in constmction phase II and landscape the required buffer along Settlers Village, including Lots 3 & 4, Block 3, upon' construction of the commercial development in construction phase III. They are also proposing to landscape the required 20' buffer on the west boundary of the property adjacent to the mobile home park and the buffer along the existing commercial development (Lots 1 & 2, Block I) upon construction of the commercial development in constmction phase IV. LOCATION The property is located on the north side of Fairview approximately a 12 mile west of Locust Grove Road. SURROUNDING PROPERTIES North: The Willows Subdivision zoned R-8. South: Commercial property zoned C-O and R-8 (a car lot). East: Settlers Village and a car wash zoned CO and R-8, West: A mobile home park and commercial property zoned R-8 and C-G SPECIAL CONSIDERATION Meridian City Code ( 12-5-3 a nd I 2-5-4) states t hat all development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. As noted in the summary, the applicant is requesting a waiver from this requirement. Staff is in agreement with the proposed phasing of landscape improvements. If City Council approves the applicant's request, condition No.3 below will need to be modified accordingly. CONDTIONS OF APPROVAL - FINAL PLAT 1. Applicant shall meet all terms of the approved Preliminary Plat, and Conditional Use Permit. 2. The pressurized irrigation system within this development is to be owned and maintained by the Nampa Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. FP-03-033 Exh/b,1Iji il d oFS Devon Park Subdivlslon .FP Mayor & City Council Transmittal Date: July 2, 2003 Page 3 ~;3. V I Street signs are to be in place, wa~r system shal~be approved aNd activated, ~eSSurized - tlP'/ Y \!Y 0~ irri\ation system ~proved and acti ted, drainage \tots constmcted.. fencing ins .11ed, and 0\..1 \ "~I,l road\~ase approved\by the Ada Cou ty Highway District prior to \pplying for uilding / \f"~l}/ c ..D? pennib\. All develop. ent improveme ts, inch:ding nci?~, micro.-~thS' inigati~, and tefi//\/~ / landSCa!ng shall be m taIled and appro ed pnor to 0 ammg certlfi tes of occup ncy. \r. A letter 0 credit or casH urety in the a ount of 110% ill be requir d for all fenc ~g, e-\v landscapino pressurized ifMgation, sanitar tc., prior to signature on tl\.e final plat. 4. Applicant shall coordinate with the Parks & Recreation Department on the dedication, maintenance, and timing of constmction of the public footpath. The pathway must be located within a minimum 20' wide easement dedicated for a public pedestrian access. The easement shall be noted on the plat. 5. Fencing shall be constmcted in conformance with Meridian City Code 12-4-10. 6. The Landscape Plan dated 7-1-03 (SD5.7), prepared by Tamura & Associates is approved as submitted with the following exceptions: a) Four additional street trees are required along Fairview Avenue adjacent to Lot 1, Block 1, per the requirement of one tree per 35' lineal feet. b) Five additional street trees are required along Fairview Avenue adjacent to Lots 1 & 2, Block 3, per the requirement of one tree per 35' lineal feet. c) Two additional street trees are required along Fairview Avenue adjacent to Lot 3, l Block 3, per the requirement of one tree per 35' lineal feet. f\'\"ffi d) One ad.ditional tree will be require~ adjacent to the east boundary of Lot 1, Block se;~ JJiJf 1, per the requrrement of one tree per 35' lIneal feet. , * or e) Additional trees will be required in the landscape buffer adjacent to the mobile 7\oJ c.A u ~ home park and adj acent to Settlers Village per MCC 12-13-12-3B. "ve.f /<:6/0 f) If "blue fescue" is planted in a required buffer, the plant size must be 2 gallon. \ -1 g) Applicant shall submit 3 copies 0 far evised landscape plan tot he Planning & Zoning Department prior to signature on the final plat. 7. Applicant will be responsible to constmct 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. 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. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 aO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. I'P-(J3.033 EVub'+ I'f} If 3 o-PS Devon Pilrk SubdlVisioR .FP- Mayor & City Council Transmittal Date: July 2, 2003 Page 4 10. Staffs failure to cite specific ordinance provi-sions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. 11. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adj acent 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 inigationJdrainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8 . Wells may be used for non-domestic purposes such as landscape irrigation. 13. Two-hundred-fifty watt (250w), high-pressure sodium streetlights will be required at locations designated by the Public Works Depmiment. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 14. 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. 15. 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. 16. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 17. Provide sidewalks in accordance with MCC 12-13-10-8. 20. A cross access easement shall be recorded for this subdivision, A copy of the recorded easement shall be submitted to the City of Meridian prior to signature on the final plat. FP-{)3..(133 EX-A 1);) {'f 8 A If Jj ()fl6~ DevOn Park Subdivision .FF Mayor & City Council Transmittal Date: July 2, 2003 Page 5 21. All the ponds within the subdivision shall be circulated or otherwise managed to avoid stagnant water that may become a nuisance per MCC. 22. All~signage within the subdivision shall be subject to a Planned Sign Program. Approval of a Plarmed Sign Program will be required prior to construction of any signs within this subdivision. 23. All uses proposed on lots created by this subdivision will be subject to approval as conditional uses per the approved conditional use permit (File No. CUP-02-014) for a plam1ed development. 24. Please add or revise the followins plat notes: 1, Eliminate either note 7 or 8, they are identical. 2. Add a note to the plat referencing the instrument number of the recorded cross access easement. 3. Revise plat note 10 to reference the previously approved access to E. Fairview located in the south-east corner of Lot 2, Block 3. 4. Add a note to the face of the plat referencing that the subdivision is subject to the conditions of approval of the approved conditional use permit (File No. CUP-02- 014) 5. Add a note to the plat that the landscape buffers adjacent to the public streets shall be maintained by the Business Owners Association. 25. Please add distance dimensions across the north end of the N. Retail Avenue right-of-way at the subdivision boundary. 26. Adjust easement widths to provide a mInimUm of 5-feet of easement beyond the centerline of any pressurized irrigation mains. 27. To maintain flexibility within the building sites on the lots in Block 3, the applicant has proposed to not install the sewer main that would provide service to Lots 2 and 3, until such time as plans are completed for the development of Lot 1. The Public Works Department supports this proposal completely. The applicant has acknowledged that they understand that in order to record their final plat, sanitary restrictions will remain in force on Lots 2 and 3. RECOMMENDATION Staffrecomrnends approval of the final plat, with the above stated connnents and conditions. FP-03.033 6d;h,-f- i' All 5 a+S Devon Park Subdivision. FP July 1,2003 Planning & Zoning Department City of Meridian 660 E, Watertower NIeridian, Idaho 83642 f;j.'~j~ '"r. 1 'j ;,[~'i lr;'l.t"{l.~ EO.' ;-\j 7""" t{if'ji~ ,~,~ ~ ,1" N :.:.:.... ;'Gf} ~ ~,..,:.i' ,&.",..:{J ...;:...~ ~- ? J JJ._..~il RE: Devon Park I Final Plat 824 E. Fairview Avenue Meridian, Idaho J'U" 'j ~ ') ?on3 !.. ="~ I.l City Of IV1eridian City Clerk Office Dear Sonya: In regards to the above referenced project, please review the following informatiou for your consideration in response to the conditions of approval for the final plat. Devon Park I subdivision was submitted to accommodate the future right of way taking for the public streets. I expanded the subdivision to include the future cqmmercial lots. I understand that our zoning approvals consist of only conceptual approvals, a detailed conditional use will be required before any building permits will be issued. The only exception is Lot 1 Block 2, we have a detailed conditional use approval to construct three office buildings. Please review the attached landscape plan and the letter dated August 12, 2002 in regards to the landscaping for Devon Park I subdivision. It was my understanding that the landscaping required for the Devrm Park I would include th~ frontage along Fairview and along the public street frontages. We are currently negotiating with two of our commercial anchor tenants, the location and size of the buildings may change from the conceptual approval. We ate planning on submitting for detailed approval in the near future. The landscape bufrering around the commercial development would potentially have to be partially removed to allow for future construction. I would like to request that our landscape buffering as required be installed in phases to accommodate future pla~ing changes and construction. 1. Phase I would include the Fairview Avenue frontage, North Retail Avenue and East Carol Street. The work would be completed along with the construction of the roads. We would like to start work in July 2003. 2. Phase n would include Block 2 Lot 1 in conjunction with the construqtion of th~ office buildings. Construction to begin in August 2003. 3. Phase III would include the required buffering along Settler's Village that would include Lots 3 and 4 in Block 3 of Devon Park. The wor~ woul4 be completed upon construction of the commercial development; Construction to begin Spring of2004. ' Tamura & Associates 499 Main Street Boise, Id. 83702 (208) .343-2931 Exit..b;f '/3 It / CJ.f d- 4. Phase IV would include the required buffering along the mobile home park and the existing commercial development along the west property line of Lot 2 Block 1. The work would be completed upon construction of the commercial development. The width and design of the buffer may change to accommodate the different uses proposed. Any changes in design will be addressed in the detailed conditional use application. El--iL~'b,1 "1.3 (. c7l of:L BEFORE THE MERIDIAN CITY COUNCIL C/C 07/08/03 IN THE MATTER OF THE ) APPLICATION OF HOWELL- ) MURDOCH DEVELOPMENT ) CORPORATION FOR APPROVAL ) OF FINAL PLAT FOR CEDAR ) SPRINGS SUBDIVISION NO.3, ) LOCATED ON THE WEST SIDE OF ) N. MERIDIAN ROAD, NORTH OF ) W. USTICK ROAD, MERIDIAN, ) IDAHO ) ) CASE NO. FP-03-039 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on July 8,2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Sonya Allen Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Anna Powell Planning Director for the Planning and Zoning Department, and Daren Fluke, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "CEDAR SPRINGS SUBDIVISION NO. 3" as evidenced in Plat bearing: "PLAT SHOWING CEDAR SPRINGS SUBDIVISION NO.3, A PORTION OF ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO.3 / (FP-03-039) Page 1 of 5 THE SE V4, SECTION 36 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO 2003, F:\ProjectManagers\GAL\11905\II905- Drafting\dwg\II905FP l.dwg 06/03/03, SHEET 1 of 4, Howell-Murdoch Development Corp. - Developer, J-U-B Engineers, Inc. - Engineers Surveyors Planners", Howell-Murdoch Development Corporation - 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: City Council Date: July 8, 2003, listing 17 Site Specific RequirementslFinal Plat and 4 General Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and the additional requirements from the action of the Council taken at their July 8, 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRlNGS SUBDNISION NO.3 / (FP-03-039) Page 2 of5 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access wiU 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 construction. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 The Nampa & Meridian Irrigation District requires the following: 1. A Land Use Change Application shall be filed for review prior to final platting. 2. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO.3 / (FP-03-039) Page 3 of5 surface drainage leaves the site, the District must review drainage plans. 3. The developer must comply with Idaho Code 31-3805. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO.3 / (FP-03-039) Page 4 of 5 By action of the City Council at its regular meeting held on the st~ day of 1 tutf ,2003. Attest: BY:~ \\\\\\I\'~I~III/II'1111 ROBE T D. CORRIE ,,'\\\.~ 0 ERIDI.'/I//,Jv1ayor, City of Meridian ::;' a ~p~ '/V ~ .2 ~cP 0^ ~ ,~ v - ff ~ ~ Jr/I ~ J..~~~ 7.... b'- ~/~ ,.. ~ ,C6 ~ ~ ~ USr 16\ ' .p .f illiam G. Berg, Jr., City Clerk ~"""O"'1 'f)~ ,,$ ""II/OOUNT\(. \\\\' /11 \\\ Copy served upon Applicant, the Planniri~'and!2'8ning Department, Public Works Deoartment, . \\\I\\lllltrlll/ and Clty Attorney. ,\\\IO~ MJ:'nZ 11II1 ,\\ _I r -11,:0:" /1/ " r\" /-1. 'l j:' c} O?-POR-4<< ';z" /\ 2 ~() 0 :::;.. :::: '.;' -:;\ ::;; '" ~ - & E ~ Q)::: ~ 0(; "..Q .2 ~ '1'A :Sf 16\ . ~. ~ // v~ A'. " '/ -7 '\V " ""/1/ COur,r.i, \\", /111 . , 1\1\ U:I/i;:1 nl\l\ By:fi<-:-~.~ 9-- Dated: 7-Q-03 .. Z:\Work\M\Meridian\Meridian 15360M'Cedar Sprgs Sub No, 3 FP.03"{)39\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO.3 / (FP-03-039) Page 5 of5 MAYOR Robert D, Corrie HUB OF TREASURE VALLEY ( A Good Place to Live '. LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS Tammy deWeerd - Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAl'l", IDAHO 83642 (208) 888-4433' FAX (208) 887-4&13 City Clerk Office Fax (208)888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500' Fax 887-1297 PLANNING AJ\lD ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: City Council Date: July 8, 2003 Re: Mayor, City Council and Planning & Zoning Commiss~frlf 'S'.'":1 c'-" '7"-. ~~~_ f,~ r1 f:i 1,~ /'1 " \' """-,,,~_ (J 1/ d t!J 4",-J Z!~ ".) ~""'1.f ~ ~. i P.~1 ~ t~ ~r~! Sonya Allen, Planner I ..} t . '.' "".,d"::... V J':J 1,)1 Bruce Frecldeton, seniot~ngineering Tech ~ .JUt O~ ,3 20D3 City O:fEvIe"";di~.- Cedar Springs Subdivision No. 3 C+i~Frp ., ':;' a.iL -"J' vLerli: Umce To: From: . Request for Final Plat Approval of Ninety-Six (96) Building Lots and Seven (7) Other Lots on 38.59 Acres in an R-4 Zone for Cedar Springs Subdivision No.3, by Howell-Murdoch Development Corporation (File No. FP-03-039) We have reviewed the above-referenced submittal 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 lVleridian City Council: APPLICATION SUMMARY The applicant, Howell-Murdoch Development Corporation, has requested approval for the third phase of Cedar Springs Subdivision, located on the west side of N. Meridian Road, north of W. Ustick Road. This phase includes 96 single-family building lots and seven other lots on 38.59 acres at a gross density of 2.48 per acre. The submitted final plat complies with the approved preliminary plat (PP-OO-018). Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. LOCATION The subject property is located on the west side of Meridian Road, north of the Meridian Settlers Park location, and approximately 1/3 mile north of Us tick Road. SURROUNDING PROPERTIES North: Rural residentialfagricultural property, zoned RUT (Ada County). South: Meridian Settlers Park, zoned L-O. East: Sundance Subdivision, zoned R-8. EJ...6/1 .. /-1.' I'" 4 '"'"'''~"''~ FP -{l3.o39 Planning & Zoning CommL~40:nIMayor & City Council Transmitta! Date: July 3, 2003 Page 2 West: Rural residential/agricultural property, zoned RUT (Ada County). " . SITE SPECIFIC REQUIREMENTS/FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-OO-OI8) and development agreement (lnst. No.1 02067381). 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. Applicant shall comply with preliminary plat condition #2 (pg. 5) regarding the vacation of Venable Lane. The Vacation application shall be approved by the City of Meridian and Ada County Highway District prior to final plat signature by the City Engineer. 4. Any 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 3: 1. 5. Street signs are to be in p lace, water sy stem shall be a pproved and activated, pressurized irrigation system approved and activated, drainage" lots constructed, perimeter 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 occupancy. A letter of credit or cash surety i.n the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. Fencing adjacent to micropaths shall be installed per MCC 12-13-15-9. 7. Landscaping is approved per the landscape plan dated 5/31/02, with two modifications: a. The six (6) Paper Birch trees shown on Sheet L-2 shall be replaced with a tree species permitted under MCC 12-13-7-1. b. No fencing over three (3) feet high, if solid, is permitted within 20 feet of any right-of-way line. There are several five-foot high fences shown adjacent to public streets on Sheet L-2 on common lots. These areas shall be constructed in conformance with MCC 11-20-2. 8. Applicant shall submit a revised Landscape Plan for approval by the P&Z Department prior to City signature on the final plat. 9. Sanitary sewer service and municipal water to this development shall be via extensions from mains being installed in previous phases. 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. FP -{l3-039 6.)...' b.' "Ii" .d- 0'; ,y~'",""NO'" , Planning & Zoning CommL_~on/l\1ayor & City Council Transmittal Date: July 3, 2003 Page 3 10. Applicant shall be required to pay Public Works development plan review, and constmction inspection fees, as determined during the plan review process, prior to signature on the final plat'per Resolution 02-374. 11. Developer shall coordinate mailbox locations. with the Meridian Post Office. 12. The applicant has indicated that this phase will be a continuation of the Settler's Inigation District pressure irrigation system being installed in previous phases, however staff believes this is an error since the pressurized irrigation system is own and maintained by the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized ilTigation systems be supplied by a year-round source 0 fw ater. If a creek 0 r w ell 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. 13. Complete the Certificate of Owners and accompanying Acknowledgment. 14. Add adjacent platted subdivision names to Sheet 2 of 4 ofthe plat. 15. Label the "RPOB" on Sheet 2 of 4, and add "UNPLATTED" along the north and west boundaries. 16. The sum of the Y2 right-of-way dimensions shown on the east end ofW. 'Welch Street don't equal the distance along the subdivision boundary. 17. Please add or revise the following plat notes: . Note #7. . ."All buildable lots, except for Lot 1 L Block 25, are for single family dwellings only. Lot 1 L Block 25 shall be designated as a future elementary school lot. . " · Also revise Note #7 to read 1.400 s.f., not 1,401. . Note #12.. ...Instrument No. . Note #13.....Instrument No. . Note #8 " .Add Lot 9, Block 24... . Add a note pertaining to the "Right to Farm Act" GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Warks Department. 2. Remove any existing domestic wells and/or septic systems within this project 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.) FP -{)3-039 su.:h:+ -/i" 3 01 'I,,"",,"".,... Planning & Zoning Commi.0nflvfayor & City Council Transmittal Date: July 3, 2003 Page 4 3. Install 250-watt and 1 aD-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Warks Depatiment and the Meridian City/Rural Fire Department to detennine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. RECOlVIMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. FP~3.039 6).,;','1 "/I" "cr,; Ced.,. Springs No3. FP