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HomeMy WebLinkAbout2003-06-24 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 24,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd )( ~ Cherie McCandless Y )( Mayor Robert Corrie 2. Adoption of the Agenda: ft,fJprPf/1!.- ar 4f~decL ~ Cidd .p'17 Bill Nary Keith Bird 3. Consent Agenda: ajJprfJV'(:. 4J a"h.-~cl.--~IhAJV<e. tv -10 S tJ If. Approve minutes of April 29, 2003 City Council and Planning and Zoning Commission Joint Workshop: ~t/'LI!./ ,B: Approve minutes of May 13, 2003 Special Joint Meeting with Ada County Commissioners: ~pr-PvtL C. Approve minutes of May 27,2003 Pre-Council Meeting: q:pN>(/~ .0. Approve minutes of May 27, 2003 City Council Regular Meeting: 4-f"flY'OfA.0 E: Approve minutes of June 3, 2003 City Council Regular Meeting: e&?prvv'<.- .Y: Approve minutes of June 3, 2003 Pre-Council Meeting: ~w:... -G. Approve minutes of June 10, 2003 City Council Regular Meeting: tz,~~ jf." Findings of Fact and Conclusions of Law for Approval: AZ 03- 006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-Q, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: ~v>e- X Findings of Fact and Conclusions of Law for Approval: PP 03- 004 Request for Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres in proposed R-8, R-40, L-Q and C-G zones for proposed Paramount Subdivision by Paramount, LLC- west of North Meridian Road and north of West McMillan Road: CtJ7p;-~:w..e, Meridian City Council Agenda - June 24, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ Findings of Fact and Conclusions of Law for Approval: CUP 03-008 Request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 townhomes, 270 apartments, community center, schools and churches in proposed R-8, R-40, L-Q and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: ajJproV'.f:.- K. Findings of Fact and Conclusions of Law for Approval: PFP 03-001 Request for Preliminary I Final Plat approval of 2 building lots on 2.46 acres in an L-Q zone for Gala Park Subdivision by Paul Aigner - 1620 Celebration Avenue: a-jJ.PT'O~ L. Findings of Fact and Conclusions of Law for Approval: 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: ajJfH" OV'e.,; M. Findings of Fact and Conclusions of Law for Approval: CUP 03-012 Request for a Conditional Use Permit for a church I preschool in a proposed L-Q zone for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: tZ-JprPfI'<-<- N. Findings of Fact and Conclusions of Law for Denial: CUP 03- 017 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: tUtp-r'Ovu .0. Waterline Easement for Idaho Central Credit Union: 4jC?I'EIOV.JL. p:' Sewer and Waterline Easement for Franklin Storage: ajtJpyo~ .JQ.. Sewer and Water Main Easement for Tuscany Development - Messina Village Subdivision No.1: al1lrt?vJL .,R. Sewer Main Easement for Tuscany Development - Messina Hills Subdivision No.1: o/fJ'Yov<.- .S': Sewer and Water Main Easement for Sutherland Farms Subdivision No.1: ~VVl-- ,if Lift Station Maintenance Agreement with Havasu Creek, LLC, for Cobre Basin Subdivision No.1: 0f?9 rt?f/\-I!.- Meridian City Council Agenda ~ June 24, 2003 Page 2 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to tile public meeting. jk License Agreement with Nampa & Meridian Irrigation District for Sewer Crossing of Finch Lateral: ~v'V?.-- )r. Change Order No.1 for South Slough Trunk Sewer Project - Brown Construction: o/j?>"V(fte.. tft 26/b77.to Agreement for Services with HDR Engineering for Phase 1 of Facilities Safety Assessl)1ent and Safety Manual Development: t2f?7rv ve... ..5 61; !i (8, .9.!! Department Reports: 5" - .w. ......... ..4. A. Finance Department: K Finance Report: - fJ"Te J -er-hcL .s: Fire Department: .:I. Bid Award for Locust Grove Fire Station: b{/ A12-PLJ tff/vM~ fi' ES r $" 74-1) q67i o~ 5. (Items Moved from Consent Agenda): 6. Ordinance No. Fence Variance Ordinance: :hvtee. 10 JId:;. BEl '2<703 ~ 7. 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: fl,4'~ ~ .TA..t~ /l--:L/2.t7C? 3 /~ 8. FP 03-034 Request for Final Plat approval of 84 building lots and 12 other lots on 23.09 acres in an R-8 (PD) zone for Champion Park Subdivision No.1 (fka Parkstone Subdivision) by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: dV/r-tJV& 9. FP 03-035 Request for Final Plat approval of 38 residential building lots and 4 office lots on 16.17 acres in an R-8 (PD) zone for Sun dance Subdivision No. 3 by Sundance Limited Company, LLC - northeast corner of North Meridian Road and East Ustick Road: r:ttJprc:>v.e....... 10. FP 03-036 Request for Final Plat approval of 93 building lots and 9 other lots on 31.14 acres in an R-8(PD) zone for Verona Subdivision No.1 by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: ~V...(....- 11. Continued Public Hearing from June 10, 2003: AZ 03-002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Colv-hh~ ;;Ik -/0 JuL;j I~ 2007 Meridian City Council Agenda - June 24, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. 12. 13. 14. 15. 1-6'. t7, Continued Public Hearing from June 10, 2003: CUP 03-001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: C&-rvf) h (A.L jJ IA. 7P 7td'JlI5; 20(/3 Continued Public Hearing from June 10, 2003: CPA 03-001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed-use-neighborhood to commercial for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Corv-hYL~ IJIIc Iv JaI'y I~ V/o3 Public Hearing: VAR 03-016 Request for a Variance to block length requirements for a block exceeding 1,000 feet for Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: ref'c/~ pilL- Public Hearing: Fire Department Plan Review and Inspection Fees: (" e:rn 'nh vc.e. /y / It.. To J 4-t ff 2-:/.-1 Zp() 3 Water, Sewer and Trash Delinquencies: '~v-<- E"'fCeCu--~ J-€.r)i~: tw t6zciJ/~ Meridian City Council Agenda - June 24, 2003 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** AS OF JUN 25 '03 08:13 PAGE. 01 01 02 03 04 05 1215 07 08 09 10 11 12 13 14 15 16 17 18 19 20 22 DATE TIME TO/FROM 06/25 07:27 PUBLIC WORKS 06/25 07:29 12084664405 06/25 07:31 8841159 06/25 07:32 2088840744 06/25 07:34 2088467366 06/25 07:36 8985501 06/25 07:38 LIBRARY 06/25 07:40 92083776449 06/25 07:42 208 388 6924 06/25 07:44 2088886854 06/25 07:46 8950390 06/25 07:48 208 387 6393 06/25 07:49 ADA CTY DEUELMT 06/25 07:52 208-888-5052 06/25 07:54 CHERRY LANE 06/25 07:56 POST OFFICE 06/25 07:59 IDAHO ATHLETIC C 06/25 08:01 887 0816 06/25 08:04 ID PRESS TRIBUNE 06/25 1218:06 208 888 6700 06/25 08:11 3810160 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 G3--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 01' 16" 004 01' 18" 004 01' IS" 004 01'16" 004 01'17" 004 1211'16" 004 01'41" 12104 01'17" 12104 01'40" 004 01'15" 004 01'16" 004 01' 16" 004 02' 19" 004 01' 17" 004 01'41" 004 02'11" 004 01'17" 004 02'37" 004 01'16" 004 1211'16" 004 02'10" 004 CITY OF MERIDIAN CMDl:I 136 136 136 136 136 136 136 136 136 136 136 136 136 136 136 136 136 136 136 136 136 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK 1. Roll-call Attendance: X Tammy de Weerd X ~ Cherie McCandless )(" )( Mayor Robert Corrie Adoption of the Agenda: ~P"C-' ar ~~ded.- - attd .Ill7 Consent Agenda: a-nrov-.t. .(~I"h.~d..--I'hA'V'G tv 7'-v SAJ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 24~ 2003 at 7:00 p.m. City Council Chambers 2. 3. Bill Nary Keith Bird A. Approve minutes of April 29, 2003 City Council and Planning and Zoning Commission Joint Workshop: ~~ B. Approve minutes of May 13, 2003 Special Joint Meeting with Ada "'_ _l ,,_... ~_~..._~..._ ___~ ** TX CONFIRMATION REPORT ** 89 113 11 12 13 14 15 16 17 18 19 28 21 22 23 24 25 26 27 28 29 38 31 DATE TIME TO/FROM 86/28 14:46 3818168 86/28 14:49 PUBLIC WORKS 86/28 14:58 12084664485 86/28 14:52 8841159 86/28 14:54 2888848744 86/28 14:56 2888467366 136/213 14:58 89855131 86/28 14:59 LIBRARY 86/28 15:131 92883776449 136/28 15:83 288 388 6924 86/28 15:85 2888886854 136/28 15:86 12884674538 86/28 15:138 8950390 06/28 15:113 Laurel 86/28 15:12 288 387 6393 136/28 15:13 ADA CTY DEUELMT 06/20 15:16 288-888-51352 86/28 15:18 CHERRY LANE 136/213 15:28 POST OFFICE 06/213 15:23 IDAHO ATHLETIC C 86/28 15:24 887 0816 86/28 15:27 ID PRESS TRIBUNE 136/20 15:29 2138 888 6788 ( \ AS OF JUN 213 '83 15:313 PAGE. 131 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 EC--S EC--S G3--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S CITY OF MERIDIRN MIN/SEC PGS 02'81" 884 131'18" 884 81'11" 804 81'11" 884 81'18" 1384 81 '11" 8134 131'89" 1384 01'31" 804 01' 89" 884 81'38" 884 01' 89" 8134 81'09" 884 131'138" 8134 131'11" 1384 131'89" 13134 132' 15" 1384 131'18" 884 81'31" 1384 02'136" 8134 131'18" 13134 132'28" 13134 01'18" 8134 81'18" 1384 CMDt:t 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 STRTUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- r~e; Q ost fOr Pv bl;o rJ r;,f-h~./ ~ 1/1a t] k8 ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 24, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda; Bill Nary Keith Bird A. Approve minutes of April 29, 2003 City Council and Planning and Zoning Commission Joint Workshop: VW')t; ~ nst tor P tJ bl iv rJ bt~<Z/ .. 111 a f} k>3 ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 24, 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 April 29, 2003 City Council and Planning and Zoning Commission Joint Workshop: B. Approve minutes of May 13, 2003 Special Joint Meeting with Ada County Commissioners: c. Approve minutes of May 27,2003 Pre-Council Meeting: D. Approve minutes of May 27,2003 City Council Regular Meeting: E. Approve minutes of June 3, 2003 City Council Regular Meeting: F. Approve minutes of June 3, 2003 Pre-Council Meeting: G. Approve minutes of June 10, 2003 City Council Regular Meeting: H. Findings of Fact and Conclusions of Law for Approval: AZ 03- 006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: I. Findings of Fact and Conclusions of Law for Approval: PP 03- 004 Request for Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Meridian City Council Agenda - JUlie 24, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Melidian. 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. J. Findings of Fact and Conclusions of Law for Approval: CUP 03-008 Request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 townhomes, 270 apartments, community center, schools and churches in proposed R-8, R-40, L-Q and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: K. Findings of Fact and Conclusions of Law for Approval: PFP 03-001 Request for Preliminary I Final Plat approval of 2 building lots on 2.46 acres in an L-O zone for Gala Park Subdivision by Paul Aigner - 1620 Celebration Avenue: L. Findings of Fact and Conclusions of Law for Approval: 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: M. Findings of Fact and Conclusions of Law for Approval: CUP 03-012 Request for a Conditional Use Permit for a church I preschool in a proposed L-Q zone for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: N. Findings of Fact and Conclusions of Law for Denial: CUP 03- 017 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: o. Waterline Easement for Idaho Central Credit Union: P. Sewer and Waterline Easement for Franklin Storage: Q. Sewer and Water Main Easement for Tuscany Development - Messina Village Subdivision No.1: R. Sewer Main Easement for Tuscany Development - Messina Hills Subdivision No.1: S. Sewer and Water Main Easement for Sutherland Farms Subdivision No.1: T. Lift Station Maintenance Agreement with Havasu Creek, LLC, for Cobre Basin Subdivision No.1: Meridian City Council Agenda - June 24, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. u. License Agreement with Nampa & Meridian Irrigation District for Sewer Crossing of Finch Lateral: V. Change Order No.1 for South Slough Trunk Sewer Project - Brown Construction: w. Agreement for Services with HDR Engineering for Phase 1 of Facilities Safety Assessment and Safety Manual Development: 4. Department Reports: A. Finance Department: 1. Finance Report: B. Fire Department: 1. Bid Award for Locust Grove Fire Station: 5. (Items Moved from Consent Agenda): 6. Ordinance No. Fence Variance Ordinance: 7. 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.LC. - 824 East Fairview Avenue: 8. FP 03-034 Request for Final Plat approval of 84 building lots and 12 other lots on 23.09 acres in an R-8 (PO) zone for Champion Park Subdivision No.1 (fka Parkstone Subdivision) by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: 9. FP 03-035 Request for Final Plat approval of 38 residential building lots and 4 office lots on 16.17 acres in an R-8 (PO) zone for Sundance Subdivision No. 3 by Sundance Limited Company, LLC - northeast corner of North Meridian Road and East Ustick Road: 10. FP 03-036 Request for Final Plat approval of 93 building lots and 9 other lots on 31.14 acres in an R-8(PD) zone for Verona Subdivision No.1 by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: 11. Continued Public Hearing from June 10, 2003: AZ 03-002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Meridian City Council Agenda - June 24, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiling accommodation fordisabiIities 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. 12. Continued Public Hearing from June 10,2003: CUP 03-001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: 13. Continued Public Hearing from June 10, 2003: CPA 03-001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed-use-neighborhood to commercial for Callister Development by Dave Callister - southwest comer of West Overland Road and South Stoddard Road: 14. Public Hearing: VAR 03-016 Request for a Variance to block length requirements for a block exceeding 1 ,000 feet for Silverstone Business Center by Sundance Investments - southeast comer of East Overland Road and South Eagle Road: 15. Public Hearing: Fire Department Plan Review and Inspection Fees: 16. Water, Sewer and Trash Delinquencies: Meridian City Council Agenda - June 24, 2003 Page 4 of 4 AU materials presented at public meetings shall become property of the City 0 f Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please conUict the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. :, t\ ".:J BEFORE THE MERIDIAN CITY COUNCIL C/C OS/20/03 C/C 06-03-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 397.11 ACRES ) FOR PROPOSED PARAMOUNT ) SUBDNISION, LOCATED WITHIN ) THE SQUARE MILE OF CHINDEN ) ROAD, MERIDIAN ROAD, ) McMILLAN ROAD, AND LINDER ) ROAD, MERIDIAN, IDAHO ) ) PARAMOUNT, LLC, ) APPLICANT ) Case No. AZ-03-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 20,2003, and continued until June 3,2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson ofthe Public Works Department, Mike Wardle, JoAnn Butler, Brian McColl, Ken Aschenbrenner, Becky McKay, Greg Johnson, David Turnbull, and Bruce Mills, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 1 OF 37 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, is approximately 397.11 acres in size and is located within the square mile of Chinden Road, Meridian Road, McMillan Road and Linder Road, Meridian, Idaho, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record ofthe subject property are: Ron and Becky Hanks, 5120 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425336040), Sheridan Kooyers, 5940 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425233800 and Parcel No. s0425233875), Meridian Joint School District No.2, 911 N. Meridian Road, Meridian, Idaho (Parcel No. s0425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713 (Parcel No. s0425110100, Parcel No. s0425120605, Parcel No. s0425141825, Parcel No. s0425141900, Parcel No. s0425233605, Parcel No. s0425233690, Parcel No. s0425233910, Parcel No. s0425325470, and Parcel No. s0425336080), and Dwaine and Sharon Wolfe, 4895 N. Meridian Road, Meridian, Idaho 83642, (Parcel No. s0425131750, Parcel No. s0425417200, and Parcel No. s0425427800). Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83704. 5. The property is presently zoned RUT and R1 (Ada County), and consists of vacant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 2 OF 37 land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential), R-40 (High Density Residential), L-Q (Limited Office), and C-G (General Retail and Service Commercial). 7. The subject property is bordered to the north by rural residential (zoned RUT and Rl, Ada County), to the south by rural residential (zoned RUT, Ada County) and the proposed Cedar Springs North Subdivision (zoned R-8), to the east by rural residential (zoned RUT, Ada County), and to the west by the Lochsa Falls Subdivision (zoned R-4) and several rural residential properties (zoned RUT, Ada County). 8. The Applicant proposes to develop the subject property in the following manner: Planned Development consisting of764 single-family building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 577,606 s.f. of office and retail space, and 32 common lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones. 9. The Applicant requests zoning ofthe subject real property as R-8, R-40, L-O and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential, Medium Density Residential, and Mixed Use - Neighborhood. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Capt. Bill Musser, Meridian Police Department in a memo dated March 19,2003, and Wendel Bigham, Joint School District No.2, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 3 OF 37 expressed in his letter dated February 12,2003, and the concerns of Robert C. Rhead expressed in his letter dated May 19, 2003. 12. Giving due consideration to the comments received from the goverrunental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shan be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 3. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that an future commercial, townhouse, and multi-family uses obtain conditional use permit approval prior to development, the construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block 34 and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13 Block 30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13 Block 37 to one dwelling per lot. 4. The applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 4 OF 37 Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action ofthe City Council taken at their June 3, 2003 meeting.) 5. The applicant shall remO'/6 Lot 57, Block 3 from the legal description (the southwest comer of the subdivision) because it docs not meet the minimum findings for an "excepted" use (MCC 12 6 3). l^~ rc'/ised legal description for the development shall be submitted to the Public 'Narks Department for review, prior tn approval. (Deleted per action of the City Council taken at their June 3,2003 meeting.) B. Adopt the Recommendations ofthe ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additionallO-feet of right-of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5- foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline ofthe right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located at the back edge of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 5 OF 37 existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: a. Dedicate by donation an additional 10- feet of right -of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline ofthe right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chin den Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22,2002 as a part of Lochs a Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260- feet west of Meridian Road, as proposed. 9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North Lange Avenue/Producer Avenue to provide a minimum offset of 1 25-feet (measured from centerline to centerline). 10. Construct: · North Cinema Way (from Chinden Boulevard to West Director Street), · West Director Street (from Meridian Road to North Cinema Way), FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 6 OF 37 · West Producer Street (from Meridian Road to North Mitchum Avenue), · West Studio Drive (from Meridian Road to McMillan Road) and · West Paramount Drive (from Linder Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 11. Construct: · West Paramount Drive (from North Arliss Avenue to North Cinema Way), · North Bergman Avenue (from West Paramount Drive to the north property line), · North Cinema Way (from West Director Street to West Colbert Street), · North Chaplin Drive (from North Cinema Way to North Cinema Way), · West Gable Street (from North Cinema Way to West Producer Street) and · West Producer Street (from North Mitchum Avenue to North Hopkins A venue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder of the internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately I,900-feet west of Meridian Road, as proposed. Install a sign at the terminus ofthe roadway stating that, I1THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 7 OF 37 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. hnprove the alley its full width and provide a minimum of back- of-curb radius of IS-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of2S-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum of back- of-curb radius of IS-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of2S-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of-way, as proposed. . On West Director Street (mid way between Meridian Road and North Cinema Way) . At the intersection of Chaplin Street and North Dietrich Avenue . At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21- foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 21. Do not construct a roundabout at the intersection of North Bergman A venue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman A venue or North Bergman Avenue will be extended at the time that this portion of the preliminary plat is final platted. 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of lOO-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 8 OF 37 23. When the District receives a fonnal application for the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of-way, as proposed. Maintain minimum ofa 21-foot street section on either side ofthe center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the artelial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Dri ve/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 9 OF 37 study. Prior to submittal of the final plat for the 201 st residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal ofthe final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as detennined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio DrivelMcMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 10 OF 37 Prior to submittal ofthe final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shaIl determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal ofthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal ofthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 11 OF 37 Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 34. Construct a southbound right turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal ofthe final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 12 OF 37 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left turn lane on West Director Drive at the West Director DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 44. Construct a combined through/southbound left turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with aU Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 13 OF 37 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall he in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the plmmed use of the property which is the subject of this application, shall require the applicant to comply with all rules, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 14 OF 37 regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Reconunendations of the Meridian Fire Department as follows: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius 0[28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions of the project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. Commercial and office 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 UPC Appendix III-A 8. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 9. All access roads within the project shall have a clear driving surface with a minimum width 0[20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. 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 approved turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 15 OF 37 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of3,21 0 residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It is requested that building separations be maintained per the Building Code in Blocks 32,33,34,35,30,31,36,37 to reduce the possibility of tires being transmitted from house to house. D. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreements will need to be signed and recorded prior to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system and agreements needs to be in place prior to the pre-construction meeting. 13. It is found that the requested zoning designations, R-8, R-40, L-O and C-G are in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 16 OF 37 general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential" and "Mixed Use Neighborhood". The proposed multi-family and commercial zoning within the subdivision are permissible under the excepted land use provisions of the MCC (12-6-3). The adopted Comprehensive Plan does not address the issue of "excepted" land uses. The City adopted the Planned Development Ordinance providing for "excepted" uses approximately 2 years prior to the adoption of the current Comprehensive Plan. The Comprehensive Plan also designates a community park and a school site within the proposed subdivision boundaries. A park has not been provided by the applicant within the project; however, the applicant has provided a 55-acre high school site and a 10-acre elementary school site within the subdivision. The Comprehensive Plan also indicates that the subject property should have a "Multi-Use" pathway running east-west through the middle of the proposed subdivision and the applicant has provided a pathway in compliance with the Comprehensive Plan. Page 54 ofthe Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". Review of the Parks Department comments shows the Departments concerns for the subdivision. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed single family residential subdivision with commercial and multi-family uses would be allowed within the requested zoning designations, if accompanied with a Conditional Use Permit for a Planned Development to allow the excepted land uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 17 OF 37 16. It is found that the land to the east (Lochsa Falls) and south (Cedar Springs North) of the property has recently been approved for development similar to the proposed subdivision. It is found that the requested zoning designations are harmonious with several recently approved developments in the North Meridian Area and should be rezoned in the requested manner. 17. It is found that the proposed uses (single family residential, commercial office, and public schools) will inevitably change the existing rural character of the subject property. The proposed uses are compatible with the Comprehensive Plan and the Future Land Use Map in accordance with MCC 12-6-3 (Excepted Uses). It is also found that the southwest corner of the development, Lot 57, Block 3 is not well integrated to the remainder ofthe development and does not comply with the required findings for "excepted" uses. 18. It is not anticipated that the proposed residential uses will be hazardous, however, it is found that the excepted uses may be disruptive to future or existing neighbors. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services if all conditions of approval are met by the applicant. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant must meet all requirements of ACHD in order to provide adequate facilities for the proposed and existing street system. Approval for the proposed subdivision cannot be recommended if the applicant does not meet ACHD requirements. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 18 OF 37 20. It is found that there will not be excessive additional requirements at public cost and for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. 21. The fact is noted that traffic and noise will increase significantly upon build-out of the proposed subdivision; however, it is not felt that the amount generated will be detrimental to the public welfare of the city if all conditions of approval are met. It is found that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. 22. It is found that the subdivision's vehicular approach off of Chinden Boulevard will need to be aligned with the existing public street (N. Fox Run Ave.) on the north side of Chinden Boulevard, or that it will need to be relocated elsewhere, in accordance with ACHD and ITD comments. If the roadway cannot be re-aligned with the existing public road, the intersection will not meet off-set requirements and will never be considered for a traffic light. The other proposed roadways will need to be improved in compliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 19 OF 37 24. It is found that services are available to the site and that the inclusion of a new elementary school and high school within the subdivision makes the annexation of this property in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character ofthe affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 20 OF 37 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of (R-8) Medium Density Residential, (R-40) High Density Residential, (L-O) Limited Office, and (C-G) General Retail and Service Commercial are defined in the Zoning Ordinance at S 11-7-2 D, F, G and K as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems ofthe City is required. (R-40) Hi2:h Density Residential District: The purpose of the R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (4) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 21 OF 37 high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. fC-G) General Retail and Service Commercial District: The purpose ofthe C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 397.11 acres to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 22 OF 37 Medium Density Residential (R-8), High Density Residential (R-4G), Limited Office (L-O), and General Retail and Service Commercial (C-G) are granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of397.11 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXA TION AND ZONING CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 3. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future commercial, townhouse, and multi-family uses obtain conditional use permit approval prior to development, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 23 OF 37 construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block 34 and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13 Block 30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13 Block 37 to one dwelling per lot. 4. The applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action ofthe City Council taken at their June 3, 2003 meeting.) 5. The applicant shall remove Lot 57, Block 3 from the legal description (the southv/est comer of the subdi'.'ision) because it Goes not moot the minimum findings fOT an "cKcepted" use (MCC 12 6 3). .\ revised legal description for the dc','clopment shall be submitted to the Public 'Vorks Department for reviev/, prior to appro'lal. (Deleted per action of the City Council taken at their June 3,2003 meeting.) B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval I. The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additionallO-feet of right-of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of2S-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of2S-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one ofthe following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 24 OF 37 b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: a. Dedicate by donation an additional IO-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chin den Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22,2002 as a part of Lochs a Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260- feet west of Meridian Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 25 OF 37 9. Relocate the intersections of West Dreyfus StreetlProducer Avenue and the North Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from centerline to centerline). 10. Construct: · North Cinema Way (from Chinden Boulevard to West Director Street), · West Director Street (from Meridian Road to North Cinema Way), · West Producer Street (from Meridian Road to North Mitchum Avenue), · West Studio Drive (from Meridian Road to McMillan Road) and · West Paramount Drive (from Linder Road to North ArUss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 11. Construct: · West Paramount Drive (from North Arliss Avenue to North Cinema Way), · North Bergman Avenue (from West Paramount Drive to the north property line), · North Cinema Way (from West Director Street to West Colbert Street), · North Chaplin Drive (from North Cinema Way to North Cinema Way), · West Gable Street (from North Cinema Way to West Producer Street) and · West Producer Street (from North Mitchum Avenue to North Hopkins A venue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder ofthe internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREIl. 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREIl. 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 26 OF 37 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum of back- of-curb radius of IS-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum of back- of-curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of25-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct tlrree roundabouts within the public right-of-way, as proposed. · On West Director Street (mid way between Meridian Road and North Cinema Way) · At the intersection of Chaplin Street and North Dietrich Avenue · At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21-foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 2 I. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman A venue will be extended at the time that this portion of the preliminary plat is final platted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 27 OF 37 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 1 DO-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. 23. When the District receives a fonnal application for the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of-way, as proposed. Maintain minimum of a 21-foot street section on either side of the center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include aU prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 28 OF 37 submittal ofthe final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal ofthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as detennined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 29 OF 37 submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 201 st residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 30 OF 37 submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 34. Construct a southbound right turn lane on Meridian Road at the West Director StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 31 OF 37 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 44. Construct a combined through/southbound left turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 32 OF 37 Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 33 OF 37 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix llI-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 The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions ofllie project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development 7. Commercial and office 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 llI-A 8. Multi-family residential on the site will require a fixe-flow of 1500 aPM plus the amount required by the fire sprinkler demand. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 34 OF 37 9. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. 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 approved turn around. 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of3,21O residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It is requested that building separations be maintained per the Building Code in Blocks 32,33,34,35,30,31,36,37 to reduce the possibility of fires being transmitted from house to house. D. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreements will need to be signed and recorded prior to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 35 OF 37 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system and agreements needs to be in place prior to the pre- construction meeting. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject ofthe application to (R-8) Medium Density Residential District, (R-40) High Density Residential District, (L-O) Limited Office District, and (C-G) General Retail and Service Commercial District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2- L\:-th- day of ~ ~UA1,e_ ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ~03-006) PAGE 36 OF 37 ROLL CALL COUNCILMAN KEITH BIRD VOTED~ VOTED ~ VOTED #J~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) p-Z4 --tl3 DATED: the City Attorney. \\\\\1111111111/ \\\ eM/II \'\\..J. O. Elflf\ II/II "" ~ <../4. II... ;::.'::::- G 0oBPOlt..q I':: '1-- ~~ ;; ~ ~ ~ G"-l6-t'3 ~ ~ SEAL Attest: ByJd4-:.R ~ C)... Dated: City Clerk :: ~ C> ~ ~ '"C' QUn "g 2 Z:\Work\M\Meridian\Metidiall I 5360M\Paramount Sub AZ 03006 PP 03004 CUP 03 OO&AZFfQ&0@er. cp>!" lS1 '. .:/t'.$ <-<- ~ ~ ~ ,.::::-.... 1//.1 OOUNT'{ \'V II"~ .11// ' \\\\' /111 Ii II 11111\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 37 OF 37 ./ 3~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR PARAMOUNT SUBDIVISION FOR 764 BUILDING LOTS AND 37 OTHER LOTS ON 397.11 ACRES LOCATED WITHIN THE SQUARE MILE OF CHINDEN ROAD, MERIDIAN ROAD, McMILLAN ROAD, AND LINDER ROAD, MERIDIAN, IDAHO BY: PARAMOUNT, LLC, APPLICANT C/C OS/20/03 Revised 06/03/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 20,2003 and continued until June 3, 2003, and Anna Powell Planning Director for the Plaruting and Zoning Department, Brad Watson of the Pubic Works Department, Mike Wardle, JoAnn Butler, Brian McColl, Ken Aschenbrenner, Becky McKay, Greg Johnson, David Turnbull, and Bruce Mills, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner II and David McKinnon Planner II for the Planning and Zoning Deparhnent, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PARAMOUNT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDNISION / (pP-03-004) page 1 of24 SUBDIVISION PRELIMINARY PLAT DECEMBER 2002, REVISED AND HANDWRITTEN DATE: 05/19/2003, PLANNED UNIT DEVELOPMENT (CONCEPTUAL SITE PLAN), JOB NO. 02-037-01, SHEET NO.1 OF 3, LOCATED IN PORTIONS OF SETION 25, T. 4N., R. 1 W., B.M., ADA COUNTY, IDAHO, J:/PARAMOUNT 0203701\Drawings\PARAM PREPLAT SHT2345.dwg, ENGINEERING - -- NORTHWEST, LLC", Paramount, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8, R-40, L-O and C-G is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D, F, G and K] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION I (pP-03-004) page 2 of24 3. It is determined that Urban Services can be made available to acconunodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician Ill, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing ofthe preliminary plat herein designated as: "PARAMOUNT SUBDIVISION PRELIMINARY PLAT DECEMBER 2002, REVISED AND HANDWRITTEN DATE: 05/19/2003, PLANNED UNIT DEVELOPMENT (CONCEPTUAL SITE PLAN), JOB NO. 02-037-01, SHEET NO. 1 OF 3, LOCATED IN PORTIONS OF SETION 25, T. 4N., R. lW., B.M., ADA COUNTY, IDAHO, J :/P ARAMOUNT_ 0203701 \Drawings\P ARAM_PREPLA T _ SHT2345.dwg, ENGINEERING NORTHWEST, LLC". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION I (pP-03-004) page 3 of24 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "P ARAMOUNT SUBDIVISION PRELIMINARY PLAT DECEMBER 2002, REVISED AND HANDWRITTEN DATE: 05/19/2003, PLANNED UNIT DEVELOPMENT (CONCEPTUAL SITE PLAN), JOB NO. 02-037-01, SHEET NO.1 OF 3, LOCATED IN PORTIONS OF SETION 25, T. 4N., R. 1 W., B.M., ADA COUNTY, IDAHO, J:/P ARAMOUNT _ 0203 701\Drawings\P ARAM_PREPLA T _SHT2345.dwg, ENGINEERING NORTHWEST, LLC", Paramount, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL / PRELIMINARY PLAT 1. Sanitary sewer and water service to this site shall be via main line extensions from mains being installed as part ofthe Lochsa Falls project. The applicant will be responsible for constructing the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing sanitary sewer and water service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION! (pP-03-004) page 4 of24 The applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3, 2002 meeting. ) 2. The applicant has indicated that a pressurized irrigation system will be provided within this development, but has not indicated who will own and maintain the system. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval, and be the applicant shall be subject to irrigation plan review fees. Please revise the plat to show how the system is going to be served (i.e. connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point cOlmection 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. 3. A detailed fencing plan shall be submitted upon application ofthe final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing adjacent to pathways are to be a maximum of 4 feet in height if solid sight obscuring material is used for fence construction, with the allowance for an additional 2 feet oflattice work to be placed on top of the solid fence.. 4. A detailed landscape plan shall be submitted with the final plat application. The detailed landscape plan shall include a 15' landscape buffer, (pursuant to the applicants request for reduced buffers between land uses), with the appropriate number of trees as required by the Landscape Ordinance, between all residential uses bordering the commercial/office (Village Center) uses on Block 40. 5. Revise the preliminary plat map to show how all existing irrigation/drainage ditches are to be treated. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION I (pP-03-004) page 5 of 24 the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. A revised plat has been submitted to the Public Works Department for review for this project. (Applicant has complied with revised Plat.) 6. Detached sidewalks shall be required along the entire subdivision frontages of McMillan Road, N. Meridian Road, Chinden Boulevard, and Linder Road and adjacent to the designated collector roadways. 7. A circulation pump/aerator or other means of preventing the inigation ponds from becoming stagnant shall be required. 8. Re-align the collector roadway on ChindenBlvd. to align withN. Fox Run to the north. If this cannot be accomplished the plat shall be revised in accordance with new ITD and ACHD recommendations. (Applicant has complied with revised Plat.) 9. Add stub streets in the following locations: (Applicant has complied with revised Plat.) A. Through Lot 20, Block 25 extending to the west, (this stub may be moved to the south, applicant to discuss with staff). B. Along the southern boundary of Lot 19, Block 7, extending to the west, (this stub may be moved to the south, applicant to discuss with staff). C. Provide an access easement or curb cut though Lot 1, Block 43, west of Lot 1 Block 42, lining up with N. Mitchum Avenue. D. Provide an access easement or a curb cut within Lot 1, Block 26, in alignment with the proposed driveway access on N. Studio Way 10. Add a micro-path in the following location: (Applicant has compiled with revised Plat.) · In between Lots 10 and 11, Block 11. (All micro-paths shall be constructed in compliance with the Landscape Ordinance, and shall be the responsibility of the developer.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDMSION / (pP-03-004) page 6 of24 11. Revise the plat notes as follows: (Applicant will added Notes to the Final Plat.) - Add a note to the plat requiring any re-subdivision of this plat to be in compliance with the most recently approved subdivision standards of the City of Meridian. - Add a note to the plat that restricts fencing adjacent to the pathways wi thin the subdivision to no greater than four feet in height if solid sight -obscuring material is used for fence construction, with the allowance of two (2) feet oflattice work to be permitted on top of the solid fence. Add a note to the plat that states the ownership and maintenance responsibilities of the pressurized irrigation system within the development. - Add a note to the plat regarding the ownership and maintenance of the common lots within the subdivision. -Add a note to the plat regarding the Right to Fann Act. 12. A revised phasing plan depicting the phasing for the retail/office, townhouses, and multi-family housing must be submitted prior to the next public hearing. (Applicant has complied with revised Plat.) 13. Phasing for the overall project may be modified by staff level approval, provided written explanation of phasing changes are provided by the applicant and final plat approval request of said phases are contiguous to previously approved phases. 14. Ten (10) copies of the revised plat has been submitted to the City Clerk's Office for this plat. GENERAL COMMENTS 1. Written comments in response to the staff report and Conditions of Approval must be submitted the Meridian's Planning and Zoning Department three days prior to public hearing. 2. Please submit a copy of the Ada County Street Name Commi ttee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 7 of24 3. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. All pathways within the proposed subdivision shall be designed III accordance with MCC 12-13-15 "Micropath Landscaping". 6. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of any proposed playground equipment. 7. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 8. 250 and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. All irrigation ditches, laterals or canals, exclusive of natural waterv.rays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 10. Please submit up to date groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 8 of24 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. 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. 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. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additionall0-feet of right-of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 9 of 24 edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one ofthe following requirements for McMillan Road: a. Dedicate by donation an additionallO-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION I (PP-03-004) page 10 of24 5. Construct West Producer Street to intersect Meridian Road approximately 2,470-feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chin den Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chinden Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22,2002 as a part of Lochs a Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260-feet west of Meridian Road, as proposed. 9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North Lange Avenue/Producer Avenue to provide a minimum offset of 125- feet (measured from centerline to centerline). 10. Construct: · North Cinema Way (from Chinden Boulevard to West Director Street), · West Director Street (from Meridian Road to North Cinema Way), · West Producer Street (from Meridian Road to North Mitchum Avenue), · West Studio Drive (from Meridian Road to McMillan Road) and · West Paramount Drive (from Linder Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 11. Construct: · West Paramount Drive (from North Arliss Avenue to North Cinema Way), · North Bergman Avenue (from West Paramount Drive to the north property line), · North Cinema Way (from West Director Street to West Colbert Street), · North Chaplin Drive (from North Cinema Way to North Cinema Way), FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AJlPROV AL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 11 of 24 · West Gable Street (from North Cinema Way to West Producer Street) and · West Producer Street (from North Mitchum Avenue to North Hopkins Avenue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder of the internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREIt. ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTURE It . 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum of back- of-curb radius FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT PARAMOUNT SUBDIVISION I (pP-03-004) page 12 of24 of IS-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of2S-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum of back- of-curb radius of IS-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of2S-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of-way, as proposed. · On West Director Street (mid way between Meridian Road and North Cinema Way) · At the intersection of Chaplin Street and North Dietrich Avenue · At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21- foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 21. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman Avenue will be extended at the time that this portion of the preliminary plat is final platted. 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of laO-square feet and designed to safely chmmel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. 23. When the District receives a formal application for the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 13 of24 time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of-way, as proposed. Maintain minimum of a 21-foot street section on either side ofthe center islands. Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary Lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall detennine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 14 of24 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201s1 residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION! (pP-03-004) page 15 of24 included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as detennined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT PARAMOUNT SUBDNISION I (pP-03-004) page 16 of24 32. Construct a southbound right turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as reconunended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 20151 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal ofthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 34. Construct a southbound right turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 17 of 24 warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 18 of24 43. Construct an exclusive northbound right turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 44. Construct a combined through/southbound left turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofldaho shall prepare and certifY all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDNISION I (pP-03-004) page 19 of24 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. .Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 20 of24 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. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. AU roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions ofthe project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix Ill-A 8. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 9. All access roads within the project shall have a clear driving surface with a mInimum width of 20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. 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 approved turn around. 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per househo ld would have a total estimated population of 3,210 residents at build out. This will generate an estimated 133 caUs for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (PP-03-004) page 21 of24 Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It is requested that building separations be maintained per the Building Code in Blocks 32, 33, 34, 35,30, 31, 36,37 to reduce the possibility offires being transmitted from house to house. D. Adopt the Recommendation of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreement will need to be signed and recorded pnor to construction of any irrigation facilities. 3. All Stonn drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreements needs to be in place prior to the pre-construction meeting. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION I (pP-03-004) page 22 of 24 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of The Idaho Transportation Department as follows: 1. The US -26 has been designated a Principle Arterial. The Idaho Transportation Department would like the City of Meridian to help preserve this corridor by recognizing the following conditions. Future right of way widths will be as follows: a) 120 feet each side of centerline (240 feet total) to provide width for a future frontage road, or b) 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. Access to a Principle Arterial Type IV will be public road intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than public road intersections) may be permitted in special cases and on a temporary basis as follows: b) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which does not access the state highway system. c) Shall be recorded at the County Recorder's Office. d) Temporary access restrictions will be noted on the permit. The access shown on the Preliminary Plat will be discussed with the developer upon receipt of a traffic impact study for this location. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 23 of 24 Building setbacks from the proposed right of way widths will allow for expansion of the highway system. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off ofthe state right of way. G. Adopt the Recommendations of the Water Department as follows: By action of the City Council at its regular meeting held on the day of U~ ,2003. L The City will likely need a well lot on the north end ofthis project. 24~ ROLL CALL COUNCILMAN BIRD VOTED ~tJ....- VOTED ~ A....- VOTED /76f~ VOTED~ VOTED - COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) Attest: \\\\11 I~ . \\\\\10,;: .fl. 9'r/~obert D. Come ,\ I ,.If...., z^ II" ", ..<.... . UJ.,,~ ".... ,.... '.." 'fA. ~...... ...::: Ci oBPORr17; . v ~ :.: ",,0 ~o ~ ~ ",. ~ SEAL _ illiam G. Berg, Jr., Ci y erk~ 7c, & g :. ~;" Q. .....C!) 0 ~ '':;. 10 os, 1S\ . x:: $ Copy served upon Applicant, The Pla},lilfiAA o~~ ~partment, Public Works "'1111111111 "I .....OUNT'l ", .1\' 1111 Department and City Attorney. "filii I ,\\\\" ,"''':1 of Ml::.f::rl.~III/ 1111/1lIll\\\ ..' .-: ^" 'ur /........ ....<. ~-\\ /~~ €~A "/ .;. \...' / .' OI~POP"'l '" '1/ ~ /. ., 6 .~ L .:::;,";-' '~o ~ Dated: ~- ~ --tl3::: _ ~ - By ddL:.AIJ~~ r;. City Clerk Z:\Work\M\Meridian\Meridian I 5360MIParamounl Sub AZ 03 006 PP 03 004 CUP 03 OO&FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PARAMOUNT SUBDIVISION / (pP-03-004) page 24 of 24 3'5 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS/20/03 Revised 06/03/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) PARAMOUNT SUBDIVISION IN ) AN R-8, R-40, L-O AND C-G ZONES, ) LOCATED WITHIN THE SQUARE ) MILE OF CHINDEN ROAD, ) MERIDIAN ROAD, McMILLAN ) ROAD, AND LINDER ROAD, ) MERIDIAN, IDAHO ) ) PARAMOUNT, LLC, ) APPLICANT ) ) Case No. CUP-03-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 20,2003 and continued until June 3, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Mike Wardle, JoAnn Butler, Brian McColl, Ken Aschenbrenner, Becky McKay, Greg Johnson, David Turnbull, and Bruce Mills, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\HT - page 1 of 42 wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 20,2003 and continued until June 3, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 20, 2003 and continued until June 3, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT and Rl (Ada County) zones and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 2 of 42 4. The property is located within the square mile of Chinden Road, Meridian Road, McMillan Road, and Linder Road, Meridian, Idaho. 5. The owners of record of the subject property are: Ron and Becky Hanks, 5120 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425336040), Sheridan Kooyers, 5940 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425233800 and Parcel No. s0425233875), Meridian Joint School District No.2, 911 N. Meridian Road, Meridian, Idaho (Parcel No. s0425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713 (Parcel No. s0425110100, Parcel No. s0425120605, Parcel No. s0425141825, Parcel No. s0425141900, Parcel No. s0425233605, Parcel No. s0425233690, Parcel No. s042523391O, Parcel No. s0425325470, and Parcel No. s0425336080), and Dwaine and Sharon Wolfe, 4895 N. Meridian Road, Meridian, Idaho 83642, (Parcel No. s0425131750, Parcel No. s0425417200, and Parcel No. s0425427800). Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83704. 6. Applicant is Paramount, LLC, whose address is 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713. 7. The subject property is currently zoned RUT and R1 by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential), R-40 (High Density Residential), L-O (Limited Office) and C-G (General Retail and Service Commercial) before the City Council. The zoning districts ofR-8, R-40, L-O and C-G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of764 single-family residences, 73 townhomes, 270 apartments, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 3 of 42 community center, schools and churches in proposed R-8, R-40, L-O and C-G zones for Paramount Subdivision. The R-8, R-40, L-O and C-G zoning designations are within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential with a portion of the subdivision located within a neighborhood center. The requested commercial uses are not in compliance with the Future Land Use Map; however, the commercial uses may be permitted as excepted land uses per MCC 12-6-3. The Comprehensive Plan does not address the issue of excepted uses, however, the ordinance was in place prior to the adoption ofthe Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Capt. Bill Musser, Meridian Police Department in a memo dated March 19, 2003 and Wendel Bigham, Joint School District No.2, expressed in his letter dated February 12,2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the hnpact Area Boundary. 13. Giving due consideration to the comment received from the governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 4 of 42 subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. This conditional use permit shall be valid for a period of eighteen months, pursuant to MCC 12-17-4. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the planning and Zoning Commission) as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition ofthe Conditional Use Permit. Additionally, the applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3, 2003 meeting.) 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. A new detailed Conditional Use Permit will be required prior to development of any ofthe officelretail/multi-family housing within the Paramount Subdivision. 4. Temporary sales/information trailers shall be subject to the following conditions: a. The proposed subdivision is permitted to have no more than two temporary sales trailers on-site. b. The landscaping and irrigation (in accordance with the Landscape Ordinance) shall be provided in the front yard of the sales trailer shall be completed prior to occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 5 of 42 c. The trailer shall be skirted with material that is similar in color and material of h rest of the trailer. d. The applicant shall be responsible for providing adequate off street parking. e. One wall sign is allowed for the temporary sales trailer. The sign shall be limited in size to 18% ofthe wall area. No other signs shall be permitted. f. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. g. Sanitary sewer service and domestic water service may be requested for the proposed use. Should a hook-up be requested, an assessment for sewer and water service will be determined during the building pennit application process. h. Applicant must provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. i. The trailer must conform with all setbacks as set forth in the Paramount Subdivision conditional use permit and preliminary plat. j. The Timeframe for the sales and information trailers is for the duration of the Paramount Project. Immediate removal of any approved trailers is required upon completion of project sales. k. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Paramount phases is approved without a CUP modification. A new Certificate of Zoning Compliance and building permit for all future trailer locations must be submitted to the City for each future location, but a CUP should not be required for each future trailer location. 5. The applicant shall provide cross walks at the three N. Cinema Way intersections at W. Colbert St., W. Charlton St. and W. Paramount Drive that will provide pedestrian access to the proposed community center. 6. Fencing adjacent to Lot 10, Blockl5, Lot I Block 29, Lot 1 Block 24 and Lot 1 Block 38 shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet oflattice work to be placed on top of the solid fence. 7. A planned sign program shall be required for the commercial portions ofthe property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 6 of 42 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions of the project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. Commercial and office 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 Ill-A 8. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 9. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. 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 approved turn around. 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of3,21O residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 7 of 42 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It is requested that building separations be maintained per the Building Code in Blocks 32,33,34,35,30,31,36,37 to reduce the possibility of fires being transmitted from house to house. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of HeaIth & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additionallO-feet of right-of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 8 of 42 c. Do not dedicate additional right-oE-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one ofthe following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one ofthe following requirements for McMillan Road: a. Dedicate by donation an additional lO-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline ofthe right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 9 of 42 7. Construct West Paramount Drive approximately 2,420-feet south of Chin den Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22, 2002 as a part of Lochsa Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260- feet west of Meridian Road, as proposed. 9. Relocate the intersections of West Dreyfus StreetIProducer Avenue and the North Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from centerline to centerline). 10. Construct: · North Cinema Way (from Chinden Boulevard to West Director Street), · West Director Street (from Meridian Road to North Cinema Way), · West Producer Street (from Meridian Road to North Mitchum Avenue), · West Studio Drive (from Meridian Road to McMillan Road) and · West Paramount Drive (from Linder Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 11. Construct: · West Paramount Drive (from North Arliss Avenue to North Cinema Way), · North Bergman Avenue (from West Paramount Drive to the north property line), · North Cinema Way (from West Director Street to West Colbert Street), · North Chaplin Drive (from North Cinema Way to North Cinema Way), · West Gable Street (from North Cinema Way to West Producer Street) and · West Producer Street (from North Mitchum Avenue to North Hopkins A venue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder of the internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 10 of 42 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum of back- of-curb radius of I5-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum of back- of-curb radius of I5-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of25-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of-way, as proposed. · On West Director Street (mid way between Meridian Road and North Cinema Way) · At the intersection of Chaplin Street and North Dietrich Avenue · At the intersection of Cagney Street and North Dietrich A venue The roundabouts shall be designed with a minimum of a 21-foot street section on either side ofthe center islands. The applicant will be required to dedicate sufficient right-of- way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 11 of 42 21. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman Avenue will be extended at the time that this portion of the preliminary plat is final platted. 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 1 DO-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. 23. When the District receives a formal application for the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of-way, as proposed. Maintain minimum of a 21-foot street section on either side of the center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 12 of 42 and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal ofthe final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 13 of 42 analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that th~ platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20 I sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right turn lane on Meridian Road at the West Producer StreetiMeridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 14 of 42 required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 34. Construct a southbound right turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20 I st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 15 of 42 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left turn lane on West Director Drive at the West Director DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director DrivelMeridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 44. Construct a combined through/southbound left turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building pennit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 16 of 42 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 17 of 42 regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreement will need to be signed and recorded prior to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreements needs to be in place prior to the pre- construction meeting. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features for this project. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential" with a portion ofthe subdivision located within a Neighborhood Center. It is found that the proposed residential, school and church uses are hannonious with and in accordance with the Comprehensive Plan. The requested commercial uses are not in compliance with the future Land Use Map; however, the commercial uses may be permitted as excepted land uses per MCC 12- 6-3. The Comprehensive Plan does not address the issue of excepted uses, however the ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 18 of 42 was in place prior to the adoption of the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow several land use exceptions in addition to the aforementioned reduced lot sizes, reduced street frontages, and reduced setbacks. The applicant is proposing just over 50 acres ofretaiI/office land use exceptions. Within the 50 acres, the applicant estimates "approximately" 577,606 square feet of office and retail space. Conceptual approval ofthese uses is requested as part of this application. The Comprehensive Plan designates the entire 50-acre land use exception area as "Medium Density Residential". The Comprehensive Plan also shows a Neighborhood Center on Ustick Road, between Meridian Road and Linder Road. Approximately ~ of the center is located on Paramount property, intended for higher-density residential uses of at least 8 dwelling units per acre. The commercial node at the heart of the Neighborhood Center is not located on Paramount property. The land use designation within the center is Mixed Use- Neighborhood, the lowest intensity mixed use classification, which allows for up to 10 acres and 100,000 square feet of non-residential uses (i.e. retail and office). The adopted Comprehensive Plan anticipated that the neighborhood center would contain the entire commercial square footage for the square mile upon which it was located. Furthermore, in January 2002, the Planning and Zoning Department completed an effort to study the economic viability of the proposed Neighborhood Centers with Edward Starkie of Urban Economic Advisory Services. The conclusion of that study was that each square mile in the North Meridian area "will support approximately 43,000 square feet of retaiL" This would indicate a need for one [1 00,000 square foot] center each 2.25 square miles, or an average oD.3 acres of retail space per square mile. The proposed retail/office land use exception far exceeds the square footage intended for the neighborhood center adjacent to the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 19 of 42 The approval of the proposed 50 acres and 577,606 square feet of office/retail land use exceptions will likely have the effect of rendering the commercial neighborhood center shown on the Comprehensive Plan economically unviable. The sheer scale of the proposed retail/office land use exceptions appears to be more regional than neighborhood in scale. If the project is approved as a Planned Development, it will be excluded from several of the minimum requirements of the MCC. 16. That the proposed residential subdivision use will be harmonious with the intended character of the area, but will dramatically change the existing rural character of the general vicinity, with the exception of Lochsa Falls and Cedar Springs North subdivisions that lie adjacent to the proposed development. The amount of commercial property proposed by the applicant is far greater than anticipated by the Comprehensive Plan and is not harmonious with the intended residential character of the general vicinity. 17. It is found that the proposed subdivision will have a large impact, but not necessarily adverse impact on other properties within the vicinity. It is not anticipated that the project's overall impact will be adverse to the other properties within the general vicinity. 18. It is found that the proposed development can be adequately served by the essential public facilities and services, if the requirements of ACHD, the Fire Department and the City are met by the applicant. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. 20. It is found that there will be an increase in traffic and noise in the general vicinity FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 20 of 42 if the subdivision is approved, but that approval ofthe subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare ofthe City and the subdivision's neighbors. 21. It is found that the proposed collector off of Chinden may create significant interference with traffic on the surrounding public streets. It has already been recommended that this street be re-aligned with the public street to the north. Review of the ACHD report for this project will provide additional information. ACHD recommendations should be adopted to avoid interference that may result fro the proposed subdivision. 22. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. 23. It is found that the office/commerciallhigh density residential located on the east, southeast and western portion of the proposed subdivision are related to the primary use (residential) of the development (R-8). The officelretail uses can provide services (i.e. medical, dental, optical, etc. . .) and sundries (i.e. food, clothing, etc. . .) that will be complementary to the residents of the subdivision, and will provide employment opportunities as well. The proposed multi-family housing will provide a mix of housing products and income levels within the proposed subdivision. The mixing of residential uses and commercial uses will encourage the office development to be constructed in a manner that will be pedestrian friendly in design. The proposed medium-density housing will provide an immediate consumer base for the office/commercial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 21 of 42 The proposed retail/office located at the southwest comer of the proposed subdivision is not in compliance with the City of Meridian's Comprehensive Plan. This section of retail/office does not connect with the residential portion ofthe subdivision. This portion of the subdivision is only accessible by car for residents within the proposed subdivision. It is not found that this portion of the subdivision is strongly related to the primary residential use. 24. It is found that the office/multiple-family housing/commercial uses make up approximately 17% of the total area of land included in the planned development. It is found that the size and intensity ofthe excepted uses are within the guidelines and provisions of the MCC. 25. It is found that the excepted uses (office and commercial) will be phased and constructed in a manner that justifies their inclusion as part ofthe project's primary residential uses. 26. First, it is found that the office/retail/multi-family uses located in the southeastern portion ofthe proposed subdivision are in proximity to and within convenient walking distance for parts of the overall development. The proposed retail/office use located in the southwest comer of the subdivision is not located in close proximity to the residential uses within the subdivision and is not within convenient walking distance of the residential uses within the subdivision. It is found that all other office/retail/multi-family housing excepted uses are within convenient walking distance for many of the residents within the proposed subdivision. 27. It is found that the retail/office uses located in the southwest comer ofthe proposed subdivision are not accessible to residents of the proposed subdivision through a main access or an interconnected street system. With the exception of the retail/office uses located at the southwest comer of the subdivision, it is found that the site design incorporates FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 22 of 42 interconnectivity though shared vehicular access points. The applicant has provided a pathway system and an interconnected roadway system for access to the excepted uses from the residential uses. 28. It is found that the proposed retail/office uses in the southwest comer of the proposed subdivision are not provided with adequate pedestrian and bicycle connections with the remainder of the development. It is also found that all other excepted uses are provided with connections that are accessible to pedestrians and to the residential portion of the development. 29. It is found that the proposed retail/office uses on the southwest comer of the subject property are located in a manner that will facilitate access from existing arterial roadways only and do not provide any interconnectivity with the rest ofthe subdivision. A detailed layout of the buildings has been submitted as a conceptual plan. 3 O. It is found that the landscaping is consistent throughout the proposed development. Architectural and building bulk concepts will need to be submitted with a new detailed conditional use permits for each of the future office, commercial and multi-family uses. 31. It is found that the proposed office and retail uses, when combined, equal over half a million square foot of possible office/retail space. It is not believed that the scale of the office and retail uses is appropriate to the size of the overall development. The Comprehensive Plan depicts a 100,000 square foot maximum for commercial square footage within this entire square mile. It is further found that the proposed development is a very large subdivision with a variety of commercial and residential uses that fit within the MCC guidelines for excepted uses within a PD, and that the excepted uses utilize less than the 20% of the land within the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 23 of 42 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlalUling Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (J.e. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a PlalUling and Zoning Commission by ordinance pursuant to Idaho Code Section 67 -6504 which the City Council ofthe City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part ofa zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 24 of 42 d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establislunent of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), High Density Residential District (R-40), Limited Office (L-O), and General Retail and Service Commercial (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code g 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 25 of 42 public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code g 11-17 -6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 26 of 42 AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of764 single-family residences, 73 townhomes, 270 apartments, community center, schools and churches in proposed R-8, R-40, L-Q and C-G zones for Paramount Subdivision located within the square mile of Chinden Road, Meridian Road, McMillan Road, and Linder Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. This conditional use permit shall be valid for a period of eighteen months, pursuant to MCC 12-17-4. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff(as modified by the planning and Zoning Commission) as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements ofthe preliminary plat as a condition of the Conditional Use Permit. Additionally, the applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action ofthe City Council taken at their June 3, 2003 meeting.) 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. A new detailed Conditional Use Permit will be required prior to development of any ofthe officelretail/multi-family housing within the Paramount Subdivision. 4. Temporary sales/information trailers shall be subject to the following conditions: a. The proposed subdivision is permitted to have no more than two temporary sales trailers on-site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 27 of 42 b. The landscaping and irrigation (in accordance with the Landscape Ordinance) shall be provided in the front yard of the sales trailer shall be completed prior to occupancy. c. The trailer shall be skirted with material that is similar in color and material of h rest of the trailer. d. The applicant shall be responsible for providing adequate off street parking. e. One wall sign is allowed for the temporary sales trailer. The sign shall be limited in size to 18% ofthe wall area. No other signs shall be permitted. f. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. g. Sanitary sewer service and domestic water service may be requested for the proposed use. Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application process. h. Applicant must provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. i. The trailer must conform with all setbacks as set forth in the Paramount Subdivision conditional use permit and preliminary plat. j. The Timeframe for the sales and information trailers is for the duration of the Paramount Project. Immediate removal of any approved trailers is required upon completion of project sales. k. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Paramount phases is approved without a CUP modification. A new Certificate of Zoning Compliance and building permit for all future trailer locations must be submitted to the City for each future location, but a CUP should not be required for each future trailer location. 5. The applicant shall provide cross walks at the three N. Cinema Way intersections at W. Colbert St., W. Charlton St. and W. Paramount Drive that will provide pedestrian access to the proposed community center. 6. Fencing adjacent to Lot 10, Blockl5, Lot 1 Block 29, Lot 1 Block 24 and Lot 1 Block 38 shall be limited to 4 feet in height ifsolid fencing material is used, with the allowance for an additional 2 feet oflattice work to be placed on top of the solid fence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 28 of 42 7. A planned sign program shall be required for the commercial portions of the property. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The proj ect which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions of the project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. Commercial and office 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 8. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 9. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. 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 approved turn around. 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of3,21O residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 29 of 42 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 14. It is requested that building separations be maintained per the Building Code in Blocks 32,33,34,35,30,31,36,37 to reduce the possibility of fires being transmitted from house to house. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one ofthe following requirements for Meridian Road: a. Dedicate by donation an additionallO-feet of right-of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-feet from the centerline ofthe right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 30 of 42 b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: a. Dedicate by donation an additionall0-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 31 of 42 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chin den Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22,2002 as a part of Lochs a Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260- feet west of Meridian Road, as proposed. 9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North Lange Avenue/Producer Avenue to provide a minimum offset of 125- feet (measured from centerline to centerline). 10. Construct: · North Cinema Way (from Chinden Boulevard to West Director Street), · West Director Street (from Meridian Road to North Cinema Way), · West Producer Street (from Meridian Road to North Mitchum Avenue), · West Studio Drive (from Meridian Road to McMillan Road) and · West Paramount Drive (from Under Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 11. Construct: · West Paramount Drive (from North Arliss Avenue to North Cinema Way), · North Bergman Avenue (from West Paramount Drive to the north property line), · North Cinema Way (from West Director Street to West Colbert Street), · North Chaplin Drive (from North Cinema Way to North Cinema Way), · West Gable Street (from North Cinema Way to West Producer Street) and · West Producer Street (from North Mitchum Avenue to North Hopkins A venue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder of the internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 32 of 42 approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Extend North Bergman Avenue as a stub street to the north property line approximately I,220-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16~foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum of back- of-curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side ofthe alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of25-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum of back- of-curb radius of IS-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22~feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of-way, as proposed. · On West Director Street (mid way between Meridian Road and North Cinema Way) · At the intersection of Chaplin Street and North Dietrich Avenue · At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21-foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 33 of 42 way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 21. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman Avenue will be extended at the time that this portion of the preliminary plat is final platted. 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. 23. When the District receives a formal application for the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of-way, as proposed. Maintain minimum of a 21-foot street section on either side of the center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as detennined by ACHD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 34 of 42 additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio DriveIMeridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 35 of 42 auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal ofthe turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sL residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right turn lane on Meridian Road at the West Producer StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 36 of 42 warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal ofthe final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20 I sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 34. Construct a southbound right turn lane on Meridian Road at the West Director StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 37 of 42 impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive northbound left turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive southbound right turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 44. Construct an exclusive northbound right turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Construct a combined through/southbound left turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 46. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 47. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 48. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 38 of 42 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 39 of 42 an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. G. Adopt the Recommendations of Settlers' Irrigation District as follows; 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreement will need to be signed and recorded prior to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreements needs to be in place prior to the pre- construction meeting. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code g 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 40 of 42 in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2.{--/6 day of J~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~ VOTED ~ VOTED 116~ COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~ - VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: G~24--tJ3 MOTION: APPROVED:~ DISAPPROVED: Me~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ page 41 of 42 .0,',\\1\\\111111111/1/ \."",^,~ Of MEf1!(/I/I/ .\::. '(j.~ --- ~A./~ Attest: .$ < orPOPuq ;>; . v ~ it; .;:,.0 <.<0 ~ tf ,... ~ - - - - - - :; SEAL r- ... 7~ !?;:;- ~ - Gu ",c.;l 0 ' ~ '0 ~r 1S\ . ~ $ --:,. 'A:J :'?- " ..... ~ Cou...-v ~ "........ /11/1 N I I' \\,\ . . . II/f/Jllt lillI'" . Copy served upon Applicant, Plannmg and Zonm~ Depill1llient, Public Works \ 1\111 I" I{ II Department and the City Attorney. \\\\\\ Of MEA! III/II ........" ""...... .t()J..., 1,..--:,. " ,'" -1/1 ..... .:2 (J O?,PORA "J: 1/.....-;-, ~ if;) . ('6 ~ 6---2 /' -tfJ "7 D ed:~ f?.7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - page 42 of 42 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR PARAMOUNT SUBDIVISION IN AN R-8, R-40, L-O, AND C-G ZONES, LOCATED WITHIN THE SQUARE MILE OF CHINDEN ROAD, MERIDIAN ROAD, McMILLAN ROAD, AND LINDER ROAD, MERIDIAN, IDAHO PARAMOUNT, LLC, APPLICANT C/C OS/20/03 Revised 06/03/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-008 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on May 20, 2003 and continued until June 3,2003, under the provisions of Meridian City Code g 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of764 single-family residences, 73 townhomes, 270 apartments, community center, schools and churches in proposed R-8, R-40, L-O and C-G zones for Paramount Subdivision located within the square mile of Chinden Road, Meridian Road, ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 1 of 16 McMillan Road, and Linder Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. This conditional use permit shall be valid for a period of eighteen months, pursuant to MCC 12-17-4. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the planning and Zoning Commission) as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition ofthe Conditional Use Permit. Additionally, the applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3, 2003 meeting.) 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. A new detailed Conditional Use Permit will be required prior to development of any of the office/retail/multi-family housing within the Paramount Subdivision. 4. Temporary saleslinformation trailers shall be subject to the following conditions: a. The proposed subdivision is permitted to have no more than two temporary sales trailers on-site. b. The landscaping and irrigation (in accordance with the Landscape Ordinance) shall be provided in the front yard of the sales trailer shall be completed prior to occupancy. c. The trailer shall be skirted with material that is similar in color and material of h rest of the trailer. d. The applicant shall be responsible for providing adequate off street parking. e. One wall sign is allowed for the temporary sales trailer. The sign shall be limited in size to 18% of the wall area. No other signs shall be permitted. ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 2 of 16 f. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. g. Sanitary sewer service and domestic water service may be requested for the proposed use. Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application process. h. Applicant must provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. i. The trailer must conform with all setbacks as set forth in the Paramount Subdivision conditional use permit and preliminary plat. j. The Timeframe for the sales and information trailers is for the duration of the Paramount Project. Immediate removal of any approved trailers is required upon completion of project sales. k. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Paramount phases is approved without a CUP modification. A new Certificate of Zoning Compliance and building permit for all future trailer locations must be submitted to the City for each future location, but a CUP should not be required for each future trailer location. 5. The applicant shall provide cross walks at the three N. Cinema Way intersections at W. Colbert St., W. Charlton St. and W. Paramount Drive that will provide pedestrian access to the proposed community center. 6. Fencing adjacent to Lot 10, Blockl5, Lot 1 Block 29, Lot 1 Block 24 and Lot 1 Block 38 shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet oflattice work to be placed on top of the solid fence. 7. A planned sign program shall be required for the commercial portions of the property. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 3 of 16 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. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions of the project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. Commercial and office 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 8. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 9. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. 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 approved turn around. 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of 3,210 residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 4 of 16 13. It is requested that building separations be maintained per the Building Code in Blocks 32,33,34,35,30,31,36,37 to reduce the possibility of fires being transmitted from house to house. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additionallO-feet of right-of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 5 of 16 2. The applicant shall do one of the following requirements for Linder Road: a. Dedicate by donation an additional 23-feet of right-of-way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: a. Dedicate by donation an additionallO-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of28-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 6 of 16 7. Construct West Paramount Drive approximately 2,420-feet south of Chin den Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May 22,2002 as a part of Lochsa Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260~ feet west of Meridian Road, as proposed. 9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from centerline to centerline). 10. Construct: · North Cinema Way (from Chinden Boulevard to West Director Street), · West Director Street (from Meridian Road to North Cinema Way), · West Producer Street (from Meridian Road to North Mitchum Avenue), · West Studio Drive (from Meridian Road to McMillan Road) and · West Paramount Drive (from Linder Road to North ArUss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right-of-way. 11. Construct: · West Paramount Drive (from North Arliss Avenue to North Cinema Way), · North Bergman Avenue (from West Paramount Drive to the north property line), · North Cinema Way (from West Director Street to West Colbert Street), · North Chaplin Drive (from North Cinema Way to North Cinema Way), · West Gable Street (from North Cinema Way to West Producer Street) and · West Producer Street (from North Mitchum Avenue to North Hopkins Avenue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder of the internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides ofthe roadway within 50-feet of right-of-way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the terminus of the roadway stating that, I1THIS ROAD WILL BE EXTENDED IN THE FUTURE". ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 7 of 16 14. Extend North Cinema Way as a stub street to the south property line approximately 2;050-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, lITHIS ROAD WILL BE EXTENDED IN THE FUTUREIt. 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTURElI. ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTUREIt. 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum of back- of-curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. limprove the alley its full width and provide a minimum of back- of-curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of-way, as proposed. · On West Director Street (mid way between Meridian Road and North Cinema Way) · At the intersection of Chaplin Street and North Dietrich Avenue · At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21-foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of- way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 8 of 16 21. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman A venue or North Bergman A venue will be extended at the time that this portion of the preliminary plat is final platted. 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. 23. When the District receives a formal application for the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 ofthis report. 24. Construct a number of islands within the public right-of-way, as proposed. Maintain minimum of a 21- foot street section on either side of the center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal ofthe final plat for the 201 5t residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20 I 5t residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 9 of 16 applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal ofthe final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 5t residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 5t residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 5t residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 10 of 16 auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20 I st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 st residential lot, or the platting ofthe first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 11 of 16 and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal ofthe final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 34. Construct a southbound right turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 sl residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 12 of 16 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left turn lane on West Director Drive at the West Director Dri ve/Meridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 44. Construct a combined through/southbound left turn lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 13 of 16 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 14 of 16 an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreement will need to be signed and recorded prior to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreements needs to be in place prior to the pre- construction meeting. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 15 of 16 By action of the City Council at its regular meeting held on the 4- 7A 2- - dayof J~ ,2003. R~~M "d o ert . orne, ayor Ity 0 en lan \11111 1I1111i1111 \\\ ...- Me- III ,"\\~I Or u:::./TID 11/// " ..\, '4. .-;.. :::" c} 00.P0R..1l; :.-v ~ 2 ~0 <"0 ~ ~ ~ ~ g ~ - SEAL - 7. & .- ~Qu ,OJ 0::: S "10 oSr 15\ ' ~ $ /'// ;<1 ~"<{- ".:::- Copy served upon Applicant, the Planning'tL}l1ij'(Z{onirtg D~l*i"funent, Public Works Department 'lIlt \\\ and City Attorney. 1111111111\\\ Attest: 1\111111111111 \\\1\ n..~ Illf ,\\\ ---\ Of liVit.IT!() If// ,,,,\ {- . '4. //.-;.. ,"' (;dO?'POR..tj Yb /~ ,0 -<, ~ ~ 0 S- f ~ \ QTiiAL :: ~~H:~ = >(;, &::: \ 00' ,\0 0 ~ S, 15\ ' .;e. $" "~,. C. \<::) 't- ,,~ <':" OUNT'l \ \" ('/fll . \\\\\ 111111111111\\\\ ByJ~A~,~ City Clerk ' Dated: 6-26 - t)'3 Z:\Wol'k\M\Meridian\Melidian15360M\Paramounl Sub AZ 03006 PP 03004 CUP 03 OO&OrderCUP,doc ORDER CONDITIONAL USE PERMIT (CUP-03-008) page 16 of 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN f C' IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY/FINAL PLAT FOR ) GALA PARK SUBDIVISION, LCOATED AT ) 1620 CELEBRATION AVENUE, MERIDIAN, ) IDAHO ) ) ) ) ) ) ) ) BY: PAUL AIGNER, APPLICANT C/C 06/03/02 CASE NO. PFP-03-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 3, 2003, and Brad Hawkins-Clark Planner III for the Plmming and Zoning Department, appeared and testified at the hearing, and the City Council having received a report from Steve Siddoway Planner II for the Planning and Zoning Department and Bruce Freckleton, Engineering Teclmician III, and the City Council having received as part ofthe record ofthis matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "PRELIMINARY PLAT, GALA PARK SUBDNISION, A RESUBDNISION OF LOT 1, BLOCK 2, RESOLUTION SUBDNISION NO.1, SITUATED IN THE NW 14 OF SECTION 20, T. 3N., R. IE., RM., CITY OF MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT PROJECT # 02-200, GALA PARK SUBDNISION, SHEET SHTS 1, HANDWRITTEN DATE: 14 FEB 03, DESIGNED BY: DES, DRAWN BY: JHM, PLOT DATE: PD, DRAWING FILE NAME: DWG, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROY AL OF PRELIMINARY /FINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER - (PFP-03-001) page 1 of 9 ANDERSON-DAVID & ASSOCIATES, INC. - LAND SURVEYING SERVICES", Paul Aigner submitted for preliminary/final plat approval, and which prelimimuy/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12- 3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned L-O Limited Office, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 G] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the development within the City's Capital Improvement Program and ifthe conditions which are requested by the Planning and Zoning Administrator and the Engineering Tec1mician III are met there will be public financial capability of supporting services for the proposed development. 5. The development, ifbuilt in accordance with the conditions and as proposed, will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER - (PFP-03-001) page 2of9 not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's atten60n. 6. It is found that the Recommendation to City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary/Final Plat of the applicant as evidenced by "PRELIMINARY PLAT, GALA PARK SUBDNISION, A RESUBDNISION OF LOT 1, BLOCK 2, RESOLUTION SUBDNISION NO.1, SITUATED IN THE NW 14 OF SECTION 20, T. 3N., R. IE., RM., CITY OF MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT PROJECT # 02-200, GALA PARK SUBDNISION, SHEET SHTS 1, HANDWRITTEN DATE: 14 FEB 03, DESIGNED BY: DES, DRAWN BY: JHM, PLOT DATE: PD, DRAWING FILE NAME: DWG, ANDERSON-DAVID & ASSOCIATES, INC. - LAND SURVEYING SERVICES", has been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from Steve Siddoway Planner IT for Planning and Zoning Department, and Bruce Freckleton, Engineering Technician Ill, dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELlMINARYIFINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER - (PFP-03-00l) page 3 of 9 Hearing Date: May 1, 2003, listing 9 Site Specific Comments (preliminary/final plat), a true and correct copy of which is attached hereto and marked Exhibit IIN', and consisting ofthree pages, and by this reference incorporated herein, with the additional requirements from the City Council from their meeting of June 3,2003, and the requirements are as follows, to-wit: 1. For clarification, Lot 2, on the east, shall require a Conditional Use Permit for any future business development. A. Adopt the Recommendations of the Plmming and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS - PRELIMINARY /FINAL PLAT 1. Complete the Certificate of Owners and accompanying Acknowledgment (Sheet 2 of the final plat). 2. Graphically depict a 10-foot wide landscape buffer easement on the plat adjacent to South Celebration A venue and East Gala Street. The easement may be crossed by approved vehicular access points. 3. Sanitary sewer and water service to this development shall be via service line extensions from the existing City of Meridian mains adjacent to the project. 4. Pressurized irrigation within this development will be from the existing system that was installed as part of the Resolution Subdivision. 5. Add or revise the following final plat notes: (1.) .. .Idaho Code Section 31-3805. as it pertains to iITigation water. (6.) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. (7.) All lot lines common to public right-of-ways, and the exterior subdivision boundary have a 10-foot wide permanent public utilities, drainage and irrigation easement, unless dimensioned otherwise. However, this shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER - (PFP-03-001) page40fg not preclude the construction of proper hard surfaced dri veways for access to each individual lot. (8.) The bottom elevation of structural footings shall be set a minimum of 12- inches above the highest established normal ground water elevation. 6. Provide CCR's or provide evidence that this subdivision will be subject to the terms and conditions set forth in the original Resolution Subdivision. 7. Please modify the text of section comer descriptions to make them more legible. 8. Please make the exterior subdivision boundary line weight heavier, and the easement lines dashed. Confirm that the line weights and styles match what is shown in the legend. 9. Ten (10) copies of a revised plat was submitted to the City Clerk's Office for this plat. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Locate any driveways on Celebration A venue and Gala Street a minimum of 50- feet from any public street intersection (measured near edge to near edge). Pave all driveways on Celebration Avenue and Gala Street to their full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway. 2. Direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER - (PFP-03-001) page 5 of9 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARYIFINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER- (PFP-03-001) page 6 of 9 II. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propel1y unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix Ill-A to service the 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. All roads intemal fire lanes and entrances shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minilllulll width of20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. All fire lanes shall have an obstructed driving width of20' available at all times. D. Adopt the Recommendations of Central District Health Dept as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans Illust be submitted to anel approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY /FINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER - (PFP-03-001) page 7 of 9 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations ofNampa & Meridian lITigation District as follows: 1. A Land Use Change application must be filed with the lITigation District. 2. All storm drainage must be retained on site. All laterals and wasteways must be protected. The developer must comply with Idaho Icode 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: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guarallteei ng the completion of off-site and required on-site improvements; and FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER - (PFP-03-00 I) page 8 of 9 A..f~ "T By action of the City Council at its regular meeting held on the 27 -day of o~ 2003. By: W~~- ROBERT D. CORRIE Mayor, City of Meridian Attest: By: JI~P~, 9-- City Clerk & ~ -- Q "Q) 0 2" ~ ~O. vSr 15\ . ~.f '/ '.f <"\ ~ " // 0 ~ \' //111 OUNTi, \\'\\.... Copy served upon Applicant, the Planning ~Ht!l/rZ;(j):ning\[)epartmel1t, Public Works Depfmn1enl . \\1111 Ill/III and City Attorney. '\\\\\ Of MER!'!'. 1111/ " A --t UIA '/ " ,'" -1.1. "/ ~'(j o?-.POA41: . v 'S 6-26 _.?J '2 :: _.,..0 ~o ~ Dated: - - V:J ~ ~- ~ William G. Berg, Jr., City Clerk Z:\Work\M\Meridian\Meridian 15360M\Gala Park Sub PFP 03 OOl\PreLimPlatFinalPlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - GALA PARK SUBDIVISION BY: PAUL AIGNER - (PFP-03-001) page 9 of 9 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live CITY COUNCIL MEMBERS TammydeWeerd Keith Bird Cherie McCandless William LM. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433' FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 :MEMORANDUM: LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 PUBUC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 887-1297 PLAJ.'>OO:NG AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 Hearing Date: May 1, 2003 To: Mayor, City Council and Planning & Zoning Commission Steve Siddoway, Planner n ~~ ~ Bruce Freckleton, Senior Engineering Tech ~ From: RECEIVED APR 2 5 2003 Gala Park Subdivision City Of Meridian City Clerk Office · Preliminary/Final Plat Approval of a Two (2) Lot Subdivision on 2.46 Acres in an L-O Zone, by Paul Aigner (File No. PFP-03-001). Re: We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, Paul Aigner, has applied for Preliminary/Final Plat approval of a two (2) lot office (L~O) subdivision on 2.46 acres of land located in Resolution Business Park at the intersection of Overland Road and Celebration Ave., approximately 'lS mile east of Locust Grove Road. The site is located on existing Lot 1, Block 2 of Resolution Business Park, which is currently vacant. The site is owned by Millenium Pediatric Associates, LLC. The proposal is to subdivide the existing 2.46 acre lot into two lots (1.22 acres and 1.24 acres). The minimum lot size for the L-O zone is 7,000 square feet (or 0.16 acres), so the proposed lots are still well above the minimum lot size. The applicant's intent is to construct a pediatric clinic on Lot 1 of the resubdivision. The applicant has provided a copy of the proposed site plan with this plat application. The site plan was recently approved as a conditional use permit on January 14, 2003 (CUP-02.034). Condition 12.1 of the Findings of Fact and Conclusions of Law for Resolution Business Park (CUP-OO-0!7) requires that all "future phases of the project shall require separate Conditional Use Permits for each phase...." Thus, lot 2 must also be developed under the Conditional Use process, unless the condition is modified by Council. Landscaping along Overland Road, irrigation., sanitary sewer & water servlces, and other required subdivision improvements have already been installed to the site. EoUt;b:t " AU loP.; Planning & Zoning Corr1-~lssion!Mayor & City Council May 1, 2003 Page 2 Landscaping along Overland Road, irrigation, sanitary sewer & water services, and other required subdivision improvements have already been installed to the site. LOCATION The property i s located on the south side 0 f 0 verland Road, a pproximately halfway between Locust Grove Road and Eagle Road. SURROUNDING PROPERTIES North: Vacant land, zoned C-G. South: Vacant land, zoned L-O in Resolution Business Park and Mountain View High School, zoned R-4. West: Vacant land, zoned L-O in Resolution Business Park. East: Vacant land, zoned RUT (Ada County). PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the fo Howing: a. The conformance of the subdivi.sion with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use map designates the property as Commercial. Clinics and professional offices are permitted land uses under the Commercial designation. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer services were stubbed to the proposed lots as p art ofthe Resolution Subdivision improvements. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. PFP-03.QO I E>c-h:b:+ "fl" a o~ 3 Gala Pork.PFP Planning & Zoning COnlL..ssion/Mayor & City Council May 1, 2003 Page 3 e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff fmds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Councilor Commission's attention. SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT 1. Complete the Certificate of Owners and accompanying Acknowledgment (Sheet 2 of the final plat). 2. Graphically depict a lO-foot wide landscape buffer easement on the plat adjacent to South Celebration Avenue and East Gala Street. The easement may be crossed by approved vehicular access points. 3. Sanitary sewer and water service to this development shall be via service line extensions from the existing City of Meridian mains adjacent to the project. 4. Pressurized irrigation within this development will be from the existing system that was installed as part of the Resolution Subdivision. 5. Add or revise the following fmal plat notes: (1.) . ..Idaho Code Section 31-3805. as it pertains to irrigation water. (6.) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. (7.) All lot lines common to public right-of-ways. and the~terior subdivision boundary have a lO-foot wide permanent public utilities. drainage and irrigation easement. unless dimensioned otherwise. However. this shall not preclude the construction of proper hard surfaced driveways for access to each individual lot. (8.) The bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal ground water elevation. 6. Provide CCR's or provide evidence that this subdivision will be subject to the terms and conditions set forth in the original Resolution Subdivision. 7. Please modify the text of section comer descriptions to make them more legible. 8. Please make the exterior subdivision boundary line weight heavier, and the easement lines dashed. Confirm that the line weights and styles match what is shown in the legend. 9. Ten (10) copies of a revised plat shall be submitted to the City Clerk's Office at least ten days prior to the next public hearing for this plat. PFP-l)J.oo I Ed: b,t" {1" 3 01'3 Gala Park.PFP BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF 4.738 ACRES FOR CHRIST LUTHERAN CHURCH FROM R-4 TO L-O, LOCATED AT 1406 W. CHERRY LANE, MERIDIAN, IDAHO CHRIST LUTHERAN CHURCH, Applicant. C/C 06-03-03 ) ) ) ) ) ) ) ) ) ) Case No: RZ-03-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 4.738 acres having come on for public hearing on June 3,2003, at the hour of7:00 o'clock p.m., and Council having received the report ofWcmdy Kirkpatrick Planner II for the Planning and Zoning Department, and Dirk Spackman, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for June 3, 2003, before the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ-03-005) PAGE 1 OF 19 City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300) of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 3, 2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance ~th all notice and hearing requirements set forth in Idaho Code SS67-6509 and 67-6511, and Meridian City Code SSI1-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 4.738 acres in size and is located at 1406 W. Cherry Lane, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner of record of the subject property is Christ Lutheran Church, 1406 W. Cherry Lane, Meridian, Idaho. 6. The Applicant is owner of record. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R~4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-005) PAGE 2 OF 19 7. The property is presently zoned as R-4, and contains an existing church building. 8. The Applicant requests the property be rezoned to Limited Office. (L-O). 9. The proposed site is bordered to the north by Meridian Assembly of God Church (zoned L-O), to the south by Cherry Lane and across Cherry Lane by vacant land (zoned C-N and R-8), to the east by The Corner at the Vineyards (zoned C-N), and to the west by Dunten Place Subdivision (zoned R-8). 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: As its current use as a church and also a preschool. 13. The Applicant's requested rezoning of the subject real property as L-O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Public/Quasi-Public. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code g 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ-03-005) PAGE 3 OF 19 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character ofthe same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establislunent of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-005) PAGE 4 OF 19 A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. Staff has determined that the rezone request would meet each of the twelve (12) Findings required by Ordinance 11-15-11. 3. If rezoned to L-O, the subject lot would conform to the minimum lot size and minimum frontage of the zone. 4. The existing site does not conform to all of the current standards of the Landscape Ordinance, specifically the required buffer between land uses parking lot landscaping requirements. Staff recommends that the site not be required to come into full compliance until such time as the parking lot is significantly modified per Ordinance 12-13-11-4. 5. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. CONDITIONS OF APPROVAL (REZONE) Staffrecommends the following be made conditions of the Rezone: 1. The existing parking lot landscaping will be subject to ordinance 12-13-11-4 and upgraded to meet current standards upon any significant parking lot replacement per said ordinance. 2. The existing sign shall be granted legal, non-conforming status and become subject to the provisions of ordinance 11-14-8.B. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 4. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 5. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ-03-00S) PAGE 5 OF 19 6. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations ofthe ACHD as follows: Site Specific Conditions of Approval A. The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed and construct a sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way ded~cated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #197), if funds are available. If ACHD funds cannot be secured, the applicant shall do one of the following: a. Dedicate an additional 23-feet (or 13-feet if the sidewalk is constructed in an easement) of right-of-way for Linder Road abutting the site by donation (or through a development impact fee offset agreement) and construct a 5-foot wide (minimum) sidewalk on Linder Road located a minimum of 41-feet from the centerline of the roadway. Provide an easement to the District for any portion of the sidewalk that is constructed outside of the new right-of-way. b. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road located a minimum of 41-feet from the centerline of the roadway with an easement provided to the District. C. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-00S) PAGE 6 OF 19 located at the back edge of the existing right-of-way, as determined by District staff. Accomplish all required improvements to properly accommodate existing drainage and utilities. 2. Pave any driveways on Cherry Lane or Linder Road a minimum of 30-feet into the site beyond the edge of pavement. All driveway(s) shall be constructed as curb return type driveways with IS-foot curb radii. Direct lot or parcel access to Linder Road and Cherry Lane is restricted. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. way. Any existing irrigation facilities shall be relocated outside of the right-of- 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance ofbuildiug permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R~4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-00S) PAGE 7 OF 19 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 4. The fire lanes shall have a clear driving surface, available at all times, which is 20' wide. UFC 902.2 16. The Comprehensive Plan designates the property as "Public/Quasi-Public". Churches are a quasi-public use. The requested L-O zoning is harmonious with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ-03-005) PAGE 8 OF 19 "Public/Quasi-Public" designations and is in accordance with the overall goals and policies of the Comprehensive Plan. 17. It is found that the proposed zoning amendment complies with the intended zone(s) supported by the Future Land Use Map. The property is not intended for another rezone in the future. 18. It is found that the existing church development and the proposed preschool are in accordance with the uses that may be permitted in the proposed L-O zone. Any other use would have to be considered under the appropriate zoning review process. 19. The current status of the church as legally non-conforming makes the property a good candidate for rezoning. Without a rezone the existing church cannot be modified or expanded without an approved Conditional Use Permit (MCC 11-5-5A). The proposed rezone will bring the church into compliance with Meridian's Zoning Ordinance. 20. It is found that the existing church use is appropriate and harmonious with the existing area. The proposed preschool, may be harmonious with the existing and intended character of the same area, if constructed and operated appropriately. Any uses other than the church and preschool use will require further zoning approval, as determined by the Schedule of Use Control in the City's Zoning Ordinance. 21. It is foul1,l thatthe rezone to L-O should not be disturbing to existing or future neighboring uses. 22. It is found that the proposed uses will be adequately served by all essential public services and facilities. 23. It is found that the requested uses will not create excessive additional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ-03-005) PAGE 9 OF 19 requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 24. It is found that the proposed L-O zoned property will not involve uses, activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 25. It is found that the proposed use will not interfere with general traffic patterns on any public streets. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. 27. It is also found that the zoning amendment would be in the best interest of the City by bringing an existing non-conforming use into conformance with Meridian's zoning ordinance. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03~005) PAGE 10 OF 19 fL-O) Limited Office District: The purpose of the L-O District is to permit the establislunent of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nomesidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a mitten commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code SI1-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development ofthe subject property. 7. g 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any ofthe zoning districts as shown on the Official Zoning Map, the following shall apply: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-005) PAGE 11 OF 19 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. S 11-15-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-005) PAGE 12 OF 19 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establislunent of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 4.738 acres as its current use as a church and also a preschool, subject to the terms and conditions of this Order hereinafter stated; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ-03-00S) PAGE 13 OF 19 2. The following special terms and conditions of use and development relate to this application to-wit: A Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. Staff has determined that the rezone request would meet each of the twelve (12) Findings required by Ordinance 11-15-11. 3. If rezoned to L-O, the subject lot would conform to the minimum lot size and minimum frontage of the zone. 4. The existing site does not conform to all of the current standards of the Landscape Ordinance, specifically the required buffer between land uses parking lot landscaping requirements. Staff recommends that the site not be required to come into full compliance until such time as the parking lot is significantly modified per Ordinance 12-13-11-4. 5. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. CONDITIONS OF APPROVAL (REZONE) Staff recommends the following be made conditions of the Rezone: 1. The existing parking lot landscaping will be subject to ordinance 12-13-11-4 and upgraded to meet current standards upon any significant parking lot replacement per said ordinance. 2. The existing sign shall be granted legal, non-conforming status and become subject to the provisions of ordinance 11-14-8.B. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 4. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 ofthe City of Meridian Zoning and Development Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ-03-00S) PAGE 14 OF 19 5. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 6. All construction shall conform to the requirements ofthe Americans with Disabilities Act. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval A. The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed and construct a sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance # 197), if funds are available. If ACHD funds cannot be secured, the applicant shall do one of the following: a. Dedicate an additiona123-feet (or 13-feet if the sidewalk is constructed in an easement) of right-of-way for Linder Road abutting the site by donation (or through a development impact fee offset agreement) and construct a 5-foot wide (minimum) sidewalk on Linder Road located a minimum of 41- feet from the centerline of the roadway. Provide an easement to the District for any portion of the sidewalk that is constructed outside ofthe new right-of-way. b. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-005) PAGE IS OF 19 located a minimum of 4I-feet from the centerline of the roadway with an easement provided to the District. c. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road located at the back edge of the existing right-of-way, as determined by District staff. Accomplish all required improvements to properly accommodate existing drainage and utilities. 2. Pave any driveways on Cherry Lane or Linder Road a minimum of30-feet into the sit.:. heyond the edge of pavement. All driveway(s) shall be constructed as curb return type driveways with I5-foot curb radii. Direct lot or parcel access to Linder Road and Cherry Lane is restricted. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. all design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-005) PAGE 16 OF 19 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fIfe-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 4. The fire lanes shall have a clear driving surface, available at all times, which is 20' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH I (RZ-03-005) PAGE 17 OF 19 wide. UFC 902.2 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject ofthe application to (L-O) Limited Office District (Meridian City Code 9 11-7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage ofthe Ordinance, provided for in Section 2 ofthis Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes ofthe official Zoning Maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on J?vrvL 24-,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ-03-005) PAGE 18 OF 19 COUNCILWOMAN CHERIE McCANDLESS VOTED /Ji;.Jewf-- COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 6-24--{J3 VOTED - MOTION: APPROVED: )( DISAPPROVED: f?52t~~ Mayor Robert D. Corrie ,\I\lllIllJl//11 \,1 III ...,...\\ ~I OF MElT;/'> /11// ...... ....'\ '\ v/., /, ....' ,-" ~ ~ .2 '-' cpf\POR.Ij I'. '1,;...:;. ~ ~ ~A ~ _ v_ - - - - - - - - - - - - - - . - Attest: BY:~~#~~ City Clerk c, & ~ -:;:. 7. 00 .....0 2 ~() \5'''1S1". ,p$ ~ ~ ~' ~ 'l a ~)l' ...."" /// OUNT" 'I ", II11 I \. \\" 11I1 111\ I/{II tlll\1 \\\llItlIIJU,/ Copy served upon Applicant, the Planning and Zoning Department, Public Works De'rui'M~fitME'f?I/~"I//" ~-;Z,,\~\:'J v/. ,,,- and the City Attorney. .:::;.:::-' c} ~PORA ~1-- '/--:;. ::: cP '1~ -;. ~ ~ () ~c. - - ~ ~ 6-ZI-tJ3 ~ SEAL ~ - -y & ;::. vQ. ....Qj 0 .::- ":;.""7-^ U8/1s'\ . ~ '.$, ~ ~A ~ ~, -// -y ^ ,('l' ....., // ~~ou ..f 'v...'"" 1//1 NT l' \",-" If I II" 11trrUIII\\11 ' William G. Berg, Jr., City Clerk Dated: Z:\Work\M\Meridian\Meridian I 5360M'Christ Lutheran Church RZ 03005 CUP 03 012\FfsCls0rderREZ,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4.738 ACRES FROM R-4 TO L-O BY: CHRIST LUTHERAN CHURCH / (RZ--03-00S) PAGE 19 OF 19 .f'" \ '- BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHURCH I PRESCHOOL IN AN L-O ZONE, LOCATED AT 1406 WEST CHERRY LANE, MERIDIAN, IDAHO CHRIST LUTHERAN CHURCH, APPLICANT C/C 06/03/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 3,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Dirk Spackman, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 3, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 1 of 18 ( or purchasers of record within three hundred feet (300') ofthe external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 3,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code g 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1406 W. Cherry Lane, Meridian, Idaho. 5. The owner of record of the subject property is Christ Lutheran Church, 1406 W. Cherry Lane, Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned R-4. An application for Rezone to L-O is currently pending before the City of Meridian. The zoning district ofL-Q is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 2 of 18 8. The proposed application requests a conditional use permit for a church/preschool in an L-O zone. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL (CONDITIONAL USE PERMIT) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 3 of 18 1. Existing Parking Lot The existing landscaping will be subject to ordinance 12-13-11- 4 and upgraded to meet current standards upon any significant parking lot replacement per said ordinance. 2. Street Buffer: A 25-foot wide, minimum, landscape buffer shall be required along Cherry Lane. 3. One tree per 35' shall be planted along Cherry Lane. 4. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 5. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 7. A drainage plan designed by a State ofldaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 10. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 4 of 18 11. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 12. Per Ordinance II-I7-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building pennits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A ofthe Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 4. The fire lanes shall have a clear driving surface, available at all times, which is 20' wide. UFC 902.2 C. Adopt the Recommendations of Central District Health Department as follows: I. Plans will be required to be submitted for review for a childcare center. D. Adopt the Recommendations ofthe ACHD as follows: Site Specific Conditions of Approval The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. I. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed and construct a sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 5 of 18 building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #197), iffunds are available. If ACHD funds cannot be secured, the applicant shall do one of the following: a. Dedicate an additional 23-feet (or 13-feet if the sidewalk is constructed in an easement) of right-of-way for Linder Road abutting the site by donation (or through a development impact fee offset agreement) and construct a 5-foot wide (minimum) sidewalk on Linder Road located a minimum of 41-feet from the centerline of the roadway. Provide an easement to the District for any portion of the sidewalk that is constructed outside of the new right-of-way. b. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road located a minimum of 41- feet from the centerline of the roadway with an easement provided to the District. c. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road located at the back edge of the existing right-of-way, as determined by District staff. Accomplish all required improvements to properly accommodate existing drainage and utilities. 2. Pave any driveways on Cherry Lane or Linder Road a minimum of30-feet into the site beyond the edge of pavement. All driveway(s) shall be constructed as curb return type driveways with 15-foot curb radii. Direct lot or parcel access to Linder Road and Cherry Lane is restricted. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 6 of 18 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 7 of 18 E. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application must be filed for review prior to final platting. 2. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the District. F. Adopt the Recommendations of Sanitary Services as follows: 1. A more extensive review and detail needs to be submitted for review. 13. It is found that the site is large enough to accommodate the proposed use (preschool) and related features that would be required by the ordinance. 14. The current Comprehensive Plan shows the property as "Public/Quasi-Public". Proposed zoning is L-O; daycare centers require a CUP in the L-O zone according to the Zoning Schedule of Use Control. It is found that the proposed use and plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staff report are met. 15. It is found that the proposed development will not adversely change the essential character of the general vicinity and will be harmonious with the intended character of the same area. 16. It is not believed that the proposed use will adversely affect other property in the vicinity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 8 of 18 17. It is found that the proposed development will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. ACHD has stated that the project is expected to generate less than 10 new vehicle trips per day on surrounding streets. School drop-off/pickup vehicle trips are considered by ACHD as "pass-by" traffic that is likely to have already been on the roads anyway, and are therefore not considered to be adding congestion. 20. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. 21. It is found that a natural or scenic feature may be lost, damaged or destroyed by issuance of this conditional use permit. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 9 of 18 under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be hannonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establislunent of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 10 of18 facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Limited Office District (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code g FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 11 of 18 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan ofthe City of Meridian, which was adopted December 21, 1993, Ord. 629, January4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a church! preschool in an L-O zone located at 1406 W. Cherry Lane, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 12 of 18 CONDITIONS OF APPROV AL (CONDITIONAL USE PERMIT) 1. Existing Parking Lot The existing landscaping will be subject to ordinance 12-13-11-4 and upgraded to meet current standards upon any significant parking lot replacement per said ordinance. 2. Street Buffer: A 25-foot wide, minimum, landscape buffer shall be required along Cherry Lane. 3. One tree per 35' shall be planted along Cherry Lane. 4. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 5. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4.C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 10. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 13 of 18 11. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 12. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 4. The fire lanes shall have a clear driving surface, available at all times, which is 20' wide. UFC 902.2 C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans will be required to be submitted for review for a childcare center. D. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed and construct a sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTJNG CONDITIONAL USE PERMIT page 14 of 18 building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #197), iffunds are available. If ACHD funds cannot be secured, the applicant shall do one ofthe following: a. Dedicate an additional 23-feet (or 13-feet if the sidewalk is constructed in an easement) of right-of-way for Linder Road abutting the site by donation (or through a development impact fee offset agreement) and construct a 5-foot wide (minimum) sidewalk on Linder Road located a minimum of 41-feet from the centerline of the roadway. Provide an easement to the District for any portion of the sidewalk that is constructed outside of the new right-of-way. b. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road located a minimum of 41-feet from the centerline of the roadway with an easement provided to the District. c. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road located at the back edge of the existing right-of-way, as determined by District staff. Accomplish all required improvements to properly accommodate existing drainage and utilities. 2. Pave any driveways on Cherry Lane or Linder Road a minimum of30-feet into the site beyond the edge of pavement. All driveway(s) shall be constructed as curb return type driveways with] 5-foot curb radii. Direct lot or parcel access to Linder Road and Cherry Lane is restricted. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 15 of 18 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing py the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHDright-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 16 of 18 E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application must be filed for review prior to final platting. 2. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the District. F. Adopt the Recommendations of Sanitary Services as follows: 1. A more extensive review and detail needs to be submitted for review. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code g 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 17 of 18 review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the 2 ~ ./~ day of :7~ , 20af 3 ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~a.-- COUNCIL WOMAN TAMMY deWEERD VOTED ~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED /J/;~ COUNCILMAN WILLIAM L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: b - 2-4--1) 3 MOTION: APPRO~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\1\\111 lU1I111 ", r:: ~J!"" II, ",,\, Or IVICFf/r-..'III/ " ~" <-'.'-<1 ,..,.. ~' r). opC'=:>. '. -1.1/ /~ " V GOP t~1~..... ~ 2 ,'-:- <6 -:;:. ::: Dat d: ~ 6 - 26 --0 3 SEAL := ;;:., J:? ~ ~r> 'Qu '" 0 ~ \ ('l'~ ~r 1S\ . -:f-.f Z:\ Work\M\Meridian\Melidian 1 53601\1\Chen)' Lane Chri~ltl;' tfui'rchlM-W03 'Q~'Oi-02 7\FlClsCUP02-027 .doc <'//*. \.,.." Ul ~ ~ t \\\\\ 'i!/II;Ii! :illlll FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 18 of 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL IN AN L-O ZONE, LOCATED AT 1406 WEST CHERRY LANE, MERIDIAN, IDAHO CHRIST LUTHERAN CHURCH, APPLICANT C/C 06/03/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-0n ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the June 3,2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a church/preschool in an L-O zone located at 1406 W. Cherry Lane, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROV AL (CONDITIONAL USE PERMIT) 1. Existing Parking Lot The existing landscaping will be subj ect to ordinance 12-13-11- 4 and upgraded to meet current standards upon any significant parking lot replacement per said ordinance. ORDER CONDITIONAL USE PERMIT (CUP-03-0I2) PAGE 1 OF7 2. Street Buffer: A 25-foot wide, minimum, landscape buffer shall be required along Cherry Lane. 3. One tree per 35' shall be planted along Cherry Lane. 4. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 5. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 6. All construction and site improvements shall conf01l11 to the requirements of the Americans with Disabilities Act. 7. A drainage plan designed by a State ofldaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 557, 10- ]-9]) for all new off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. AU parking lot lighting shal1 be in accordance with Ordinance 11-13-4.C. 9. All signage shall be in accordance with the standards set forth in Section 11- [40 fthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 10. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 11. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter ORDER CONDITIONAL USE PERMIT (CUP-03-012) PAGE 2 OF7 of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 12. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building pemlits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 4. The fire lanes shall have a clear driving surface, available at all times, which is 20' wide. UFC 902.2 C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans will be required to be submitted for review for a chi Idcare center. D. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed and construct a sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a ORDER CONDITIONAL USE PERMIT (CUP-03-012) PAGE 3 OF7 building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #197), if funds are available. If ACHD funds cannot be secured, the applicant shall do one of the following: a. Dedicate an additional 23-feet (or 13-feet if the sidewalk is constructed in an easement) of right-of-way for Linder Road abutting the site by donation (or tlu-ough a development impact fee offset agreement) and construct a 5-foot wide (minimum) sidewalk on Linder Road located a minimum of 4l-feet from the centerline of the roadway. Provide an easement to the District for any portion of the sidewalk that is constructed outside of the new right-of-way. b. Do not dedicate any additional right-of-way on Linder Road and construct a 5-foot wide (minimum) concrete sidewalk on Linder Road located a minimulll of 41-feet frolll the centerline of the roadway with an easement provided to the District. c. Do not dedicate any additional right-of-way on Linder Road and construct a 5- foot wide (minimum) concrete sidewalk on Linder Road located at the back edge ofthe existing right-of-way, as determined by District staff. Accomplish all required improvements to properly accommodate existing drainage and utilities. 2. Pave any driveways on Cherry Lane or Linder Road a minimum of30-feet into the site beyond the edge of pavement. All driveway(s) shall be constructed as curb return type driveways with 15-foot curb radii. Direct lot or parcel access to Linder Road and Cherry Lane is restricted. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. ORDER CONDITIONAL USE PERMIT (CUP-03-012) PAGE 4 OF7 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387 -6280 (w i th fi Ie numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the propelty which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property un less a wai ver/variance 0 f sa id ORDER CONDITIONAL USE PERMIT (CUP-03-0 12) PAGE 5 OF 7 requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application must be filed for review prior to final platting. 2. All laterals and wasteways must be protected. Alllllunicipal surface drainage must be retained on site. If any surface drainage leaves the site, the District lllLlst review drainage plans. The developer must comply with Idaho Code 3] -3805. It is recommended that irrigation water be made available to all developments within the District. F. Adopt the Recommendations of Sanitary Services as follows: 1. A more extensive review and detail needs to be submitted for review. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-] 7 -8, a copy 0 f which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-03-012) PAGE 6 OF 7 By action of the City Council at its regular meeting held on the ,1:-!h 2.tr - day of J~ ,2003. ~(~~ Robert D. Corrie, Mayor City of Meridian Attest: By.dI~A~,~. City Clerk Dated: 6 - z6----tJ 3 .- Z:\Work\M\Meridian\Meridian 1 5360M\Christ Lutheran Church RZ 03005 CUP 03 012\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-012) PAGE 7 OF7 BEFORE THE MERIDIAN CITY COUNCIL !. ..1.) {,/" '" IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) A CARL'S JR. IN A C-G ZONE, ) LOCATED ON THE CORNER OF MAIN ) STREET AND MERIDIAN ROAD, MERIDIAN) IDAHO ) ) ) ) ) ) BY : CLAYTON JONES, APPLICANT. C/C 06/03/03 CUP-03-0I7 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 3, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of7:00 o'clock p.m., and the Council having received the record of this matter :from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and the minutes of that hearing, and Anna Powell Planning Director for the Planning and Zoning Department, Billy Ray Strite, John Nelson, Jonathan Gibbs, Phil Atteberry, Dan Skinner, and JoAnn Butler, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. I (CUP-03-017) PAGE 1 OF 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements ofLC. 9967-6509 and 67- 6512 and g9 11-2-416 E and 11-2-418 E. 3. The proposed location of the appllcant's business is at the former KFC site, on the corner of Main Street and Meridian Road, (the northern corner of the intersection of Meridian Road, 1st Street and Central Drive), Meridian, Idaho. The owner of record of the subject propeliy is G & H Enterprises II, P.O. Box 10998, Boise, Idaho 83719-0008. The applicant is Clayton Jones for Carl's Jr., 3413 N. Cole Road, Ste. 128, Boise, Idaho. 4. The City Council recognizes the concerns of Patrick McKeegan expressed in his letter dated Apri129, 2003. 5. The following uses surround the subject property: North - a Taco Bell restaurant, South - A&W/KFC restaurant, East - Central Valley Corporate Center, and West - Redlin Photography Studio, all with a C-G zoning. 6. The proposed use would be for a Carl's Jr. restaurant with a drive-through window in a C-G zone. The proposed restaurant would replace the existing building that formerly housed the Kentucky Fried Chicken restaurant, located between the existing Taco Bell and the new A&W/KFC restaurants. When the new A&W/KFC restaurant received approval for ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-017) PAGE 2 OF 7 their conditional use permit, one of the conditions of approval was to abandon the drive-through use of the existing KFC building (File No. CUP-OI-021, FF/CL 12.2, pg 5.). While the proposed application is for the construction of a new building and the new drive-through will be constructed in a different location than the previous drive-through, the intent of the condition of approval was to prohibit a second drive-tlu-ough on the property. The applicant is required to apply for a Planned Development because the proposed KFC building will be the second structure on the subject parcel. The MCC requires a Planned Development to provide two amenities as a part of a Planned Development. These amenities can either be two of the amenities listed in Section 12-6-2 of the MCC or other amenities appropriate to the size and use of the development as proposed by the applicant and approved by the Commission and Council. Applicant proposed a "Welcome to Meridian" sign as an amenity, a raised delineated pedestrian walk out to East 1st Street from the back side of the drive-tlu-ough, and a memorial bench with a three-flag setup for the site. The KFC/A&W restaurant was approved by Council before amenities were required by Planned Developments. 7. There is much concern about the configuration of the proposed drive-through for the restaurant. The configuration requires pedestrian customers of the restaurant to walk across the drive-through ofthe restaurant to access the entrance to the restaurant. Putting pedestrians in the pathway of vehicles creates a potentially dangerous situation for pedestrians. 8. One of the previous issues, CUP-02-026, pertained to the access off of Meridian Road. Negotiations have been made with ACHD, and a directional left-right and raised median have been approved by the Ada County Highway District ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLA YTON JONES FOR CARL'S JR. I (CUP-03-0!7) PAGE 3 OF 7 9. Another previous issue, CUP-02-026, was over the site congestion, and the applicant's new design would tear down the existing KFC building and constmct a new building, and also to allow for more parking spaces. The applicant has reduced the square footage with the new design to seat 44 customers, and increasing parking to 55 spaces. 10. Applicant proposes that the design of the new drive-through would lessen the amount of customers needing to park and enter the restaurant building, as the drive-through would provide faster service. Additionally, the applicant is proposing to use decorative wrought iron railings on both sides ofthe drive-through with a raised delineated walk with flashers, with signage, for pedestrian safety. 11. The applicant proposes as its amenities the following: a) a raised, delineated pedestrian walk out to East 15t Street from the back side of the drive-through; b) a memorial bench with a three-flag setup; and c) and a "Welcome to Meridian" sign. 12. Business owners of Taco Bell and the new A&W/KFC located between the proposed use, already experience traffic congestion at certain times of the day and night, and the proposed use would significantly impact the traffic and add additional congestion to the area. Additionally, the new design of the drive-through blocks the crosswalk, since the design proposes to have the crosswalk access the drive-through and therefore, safety of the pedestrians then becomes an issue. 13. More likely than not, the additional proposed use with a drive-through, in the same lot area would increase the problems cited above. 14. The size of the site along with compatibility, including changes to the present ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-017) PAGE 4 OF 7 area, are of major concern. CONCLUSIONS OF LAW 1. The proposed use would be detrimental to other businesses in the same block because of the traffic congestion it would create. 2. The proposed use would be detrimental to customers because of the design of the drive-through and having the customers walk across the drive-through access and this use would create safety problems. 3. The site is not large enough to accommodate the proposed use. 4. That the design and operation will not be compatible with the existing or intended character of the general vicinity and that such use would adversely change the essential character of the same area due to traffic congestion. 5. That the proposed use would be served adequately by essential public facilities and services. 6. That the proposed LIse would not create excessive additional cost for public facilities. 7. That the proposed use would involve activities or processes, and conditions of operation that would be detrimental to persons, property, or the general welfare by reason of excessive production of traffic and noise ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLA YTON JONES FOR CARL'S JR. / (CUP-OJ-017) PAGE 5 OF 7 named applicant is denied the requested conditional use pel111it. The City Council ofthe City of Meridian hereby adopts and approves this Decision and Order of Denial. Dated this Z 4f!2 day of - d tvrJl- ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~-.../ COUNCILWOMAN TAMMY deWEERD VOTED ~ COUNCILWOMAN CHERIE McCAND LESS VOTED IJ-I:J~ COUNCILMAN WM. L. M. NARY VOTED flee<- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: &-21--03 VOTED - MOTION: APPROVED: IX DISAPPROVED: ~ \\\\l\\Ill1uMp,Y,or Robert D. Corrie \\\ c: M~o III "" ~I 0.- --II'!/) 11// ,.... ;t..... _ ~ // ........~, 0 ~T1r '/ '(j ol('..f' A"lJ; ~ 2" ~G {b ~ ff~. ~ - - - - - - - - -: -:~.~ 8 ~ ::. '-h "Ql 0 2 .... ..," 'U" ... . -..:: .... ~i'A'\.)J1S\. '<..~ ~ '-"-A ~ " ~/ ~f en -rJ.p "v..... /1111 .....UN ~ , , X"~"~ ORDER OF DENIAL OF APPLICATION FoiIIIIIlIIIlIlIH\\\ CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. I (CUP-03-017) Attest: PAGE 6 OF 7 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: Jfdh-::~ ~'tf- City Clerk . Dated: cG-- 2~--tP 3 Z:\Work\M\Meridian\Meridian 15360M\Carl's Jr. cUP 03 017\FFCLOrdCUPDenia 06 [2 03.doc ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-017) PAGE 7 OF 7 June 20,2003 MERIDIAN CITY COUNCIL MEETING June 24, 2003 APPLICANT Public Works Department REQUEST Waterline Easement for Idaho Central Credit Union: ITEM NO. 5--0 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo / Easement ~ Date: Phone: Materials presented at public meetings shall b acome property of the City of Meridian. ." " ~ ^ I , ? ~ @iN of: Merieiicfn lBuoli@ WorKs [)e~f., " ' , ' ,,' , Memo To: Sharon Smith From: Gary D. Smith, PE @C: file Date: June 9, 2003 Re: Waterline Easement - Idaho Central Credit Union RECEIVED JUN 1 1 2003 City Of Meridian City Clerk Office Sharon: Attached is a waterline easement for this project. Please place it on the next available City Council Consent Agenda. The property owners have signed the easement as Grantors. & . Page 1 From the desk of... Gary D. Smlfh, PE Public Works Director Meridian Pubftc Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 Uq/~~/U~ l~:qU ~AX ~U~3449002 . LOMBARD CONRAD !4J003 WATER MAIN EASEM~"NT TIllS INDENTURE, made this..h day of ~ 20 OJ between "1d.tL.t.l D LVL tT,y . the parties ofthe first part, and hereinafter called the Grantors) and the City of Meridiao) Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it win be necessary to maintain. service and subsequently cormectto said pipeline itom time to time by the Grantee; NO W. THEREFORE, in consideration of tJ.'1e benefits to be received by the Grantors, and other good lI11d valuable consideration, the Grantors do hereby glve, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, replac.."1llcnt of a water main over and across the following describe<!. property; (SEE AIT ACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water Hne and their alHed facilities, together with their maintenance. additional coImection thereto, repair and replacement at the convenience of the Grantee, with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee. it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction. making repairs, perfollIling other maintenance or making subsequent connection to the water line, Grantee shalt restore the area. of the easement and adjacent property to that existent prior to undertaking such construction. repairs and maintenance. However. Grantee shaH not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in vlolatjon of this easement. THE GRANTORS hereby covenant and agree that they will not place of allow to be placed any permanent structures, trees, brus~ or perennial shrubs or flowers within the area described for this easement, which would interfere with the use ofsajd easement, forthe purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and essement hereby granted shall become part of, or I ie within the bOlmdaries of any pUblic street" then, to such extent, such rigbt~of-way and easement heteby granted which lies within such boundary thereof or which is a part thereof, shatl cease and become nuJJ and void and of no further effect and shall be completely relinquished. Water Main Easemem Page: 1 EASMT WTR..doc C'"VI/?D\.....I ?~~hPp>- 01 ~bc1~8880c 5~~OM JliHnd ~~ ~E:60 to, 62 ~d~ 04/29/03 15:40 FAX 2083449002 LOMBARD CONRAD ~004 ** to-30bd i~l.Ol. ** THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and descnoed traot ofland, and that they have a good and lawful right to convey said easement. and that they will wa.rrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever_ IN W1TNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year fi~t herein above written. GRANTOR: WBt-- WI Pre<JiQ~t Secretary STATE OF IDAHO ) ) 53 County of Ada ) On this ~ day of ~ ~.Jc9~before me, the wtdersigned, a Notary Puhlic in and for said State, personally appear ~ \'\.--\ ()f Q m and . known 01' identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. REOF,I have hereunto set my hand and affixed my official S/$l1he day and year fist -tY\~ JJr\~ NOTARY PUBLlC FOR IDAHO Residing at RxrJ.d \~ Commission Expires: . I~ GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg. City Clerk Approved By City Council On: Water Main Easement Page 2 EASMT WTR.doc f:0/f:0'd c005vvf: 01 ~6cl~8880c S~~OM Jliand ~~ r:Z:60 f:0. 6c ~d~ PROJECT: DATE: SHEET: 02100 April 1, 2003 1 of 1 IDAHO CENTRAL CREDIT UNION WATERLINE EASEMENT A parcel ofland situated in the NW1I4 of Section 11, T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho, being a portion of Parcel 2 of Record of Survey No. 5565, Instrument No. 101106269, Ada County records, included within a strip of land 20.00 feet in width lying 10.00 feet on each side of the following described centerlines: COMMENCING at the northwest comer of said Section 11 as sho'Wll on said survey, from which comer the north ];4 comer of said section bears S.89003' 40)'E., 2653.23 feet; thence, along the westerly line of Section 11, A) S.OooOO'OO"W., 51.84 feet; thence, B) S.89007'31"E., 75.49 feet to a point on the southerly right-oi-way line ofW. Cherry Lane; thence) along said southerly line, continuing, C) S.89007' 31 "E., 156.53 feet to the northeasterly comer of Parcel 1 of said survey; thence, along the easterly line of said Parcell, D) S.00008'40''W., 60.17 feet to the POINT OF BEGINNING; thence, 1) N.89003'40)'W., 81.06 feet; thence, 2) N.44003 '40"W., 25.44 feet; thence, 3) N.89003'40"W., 78.71 feet; thence, 4) N.00056'20''E., 16.99 feet to the POINT OF TERMINATION. H: 021 OO\\\'Pfiles\Exh- W ater- Ease.doc ~ ; 2 ~ V' !!! 8 ~ = ~ = ~ Q = a ~ ~ ~ 0 :z: 0 El ~ ~ 0 g; I .<:( '-' ~O c;: 0 e:; 5 z>- a 01- ::l: ~ _2 V> .., 1-:) :z: 00 '"'" .., z Wu 8 CO (J1 '" LL<:( = "" .., O~ :z: .., ~ "" .q. =' " eo "-..Z V> ;;; ~ ~<:( V' ~Ci n ;:s ~ ZiX 0 "" I--f = W 0 "" CO w::2: ~ N '" I <5 I-LL 0 I--f "" zO = ~ "" ~ >- ~ a at: = >< z ZU a <:( 5 = ~ ....J :5 LL~ = l't; = om ~ -l - 0 w;i '-' <.<> u~ :z: ~ 0:::0::: z <:( <:5 0... - e5 :z: <:(Z g "" n 0 ~ , s; "" g :;2 4- a >- "" ~ "- ~ ~ '" !!! 5 I ~ ;:s 8 g E5 I = ~ "" ~ ::l: ~ 8 9 ( (I) CO 0'1 <::> 0 "" lr a 0'1 N U w~ I") <::> Z I '" ,;,; {.;) z'<t" I fil <( - I") Z .J r-- '" [L n I") ~ co1 til oco :r:o l:il ~'" ..., Z "" - L.JX , {.;) ..., lIllll <( I Z lr <5 l..L. ..., a l:il e CD . W w. ~ Z > CO lr Cl CO 0 :l 0::: '" I - - l E-< (I):;;: '" 0:: wI 0 -'I") "" ::J", "' " I 01") ~ Z . CD I <C Zco ;h ~ Vl ~ 0 ~ n: Z '" ::r: W:c .. I ~'~'~ E- Wu w ~ ~, ' 0 Z Z S -r--o ~ 0 ~ r::: :r: '"" E- "" 0>- W O'l D... :.: :;st: J .a::::! oCtO >- Ul< ~ II. :> i:t: ;;l Cf.)1O ~~ 010 ~ Z Q' i:t:O < oZ ~I u w ~ Z ;:....}W i:t: WI- ::J 0:: 0 - 0:: :;t. ~ J oz 0::: -w w ~ 8 ,'~'~I ~::2: ~ ::r: 0, w ~ U CO f o if) (fl N<:( wI- ~ w 0 o~ C)w 0 (!) ~::2: ~z f- - W if)....J -if) -0::: 0<:( Xw NW WI- <:( ~ 0 0 '<t" C\l MO - aVOH 3:1IW N3.L - N o o '" o o o ~iI[ ......oftf 9l:E1>:1>, EQ-un[-EQ '6Mp-uS23-JBleM-41<3\:>Moav.J\f\OOllO\:H June 20, 2003 MERIDIAN CITY COUNCIL MEETING June 24,2003 APPLICANT Public Works Department REQUEST Sewer and Waterline Easement for Franklin Storage ITEM NO. 3-? AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo / Easement ~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. @itY, of tv\eri.aiqm BtJl9li€ W~rKs DerPf., :~~ ','" : ,', Memo To: Sharon Smith From: Gary D. Smith, PE CC: file Date: June 17,2003 Re: Water & Sewer Easement - Franklin Storage RECEIVED JUN 1 8 2003 City Of Meridian City Clerk Office Please insert the attached easement in the next available City Council Consent Agenda. The Grantors have signed the document. Thanks/j-. Gary if From the desk of... Gary D. Smith, PE Public Works Director Meridian Pubfic Works Department 660 E. Watertower Lane. Suite 200 Meridian. Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 . Page 1 . ,~ , " " "' ~<,. i" .' < )," ~ CitY 0" Men~ian Y:.,~ -'.~ ~ :' "._,:~. - ~ :. PublicWorJ(s.iDept~,.: " ,~', ~'.~ ':~;":~"'~"';'~'_w!.~,X .', of".', Memo From: Gary Smith, P.E. John Boyd :?u=. File To: cc: Date: Re: 6/9/2003 Franklin Storage - Water and Sewer Easement Attached is a water and sewer easement for Franklin Storage Units. I have reviewed them for accuracy and find them presentable for City Council action. If you need any more information on this matter please do not hesitate to contact me. From the deskoL John Boyd Engineering Tech . n Meridian Public Works Department 660 E. Watertower Ln. , Suite 200 Meridian, Idaho 83642 Ph: (208) 898-5500 Fax: (208) 89B-9551 . Page 1 SANITARY SEWER AND WATER LINES EASEMENTS THIS INDENTURE, made this _ day of , 20_, between Osborne Enterprises, the party of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; \VITNESSETH: WHEREAS, the Grantors desire to provide sanitary sewer and water lines across the premises and property hereinafter particularly bOlll1ded and described; and WHEREAS, the sanitary sewer and water lines are to be provided through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the rights-of-way for an easement for the operation and maintenance of sanitary sewer and water lines over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water lines and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and rights-of-way lll1to the said Grantee, its successors and assigns forever. SEE A TT ACHED EXHIBITS A AND B. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees, or brush placed within the area described in this easement. THE GRANTORS hereby covenants and agree that they will not place or allow to be placed any permanent structures, large trees, or brush within the area described fortbis easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that he is lawfully seized and possessed of 1006 San Sewer-Wat Easement.doc the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed their signature the day and year first herein above written. '?(to~ ~ ~9'-tJ 5 ACKNOWLEGMENT: STATE OF IDAHO ) ) ss. County of Ada ) On this iI- day of ~ ' 20 ~h~~re me, the undersigned, a Notary Public in and for said State, rsonally appeared ~ ~ ...; , known or identified to me to be the person who executed the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CITY OF MERIDIAN ACCEPTANCE: Robert D. Corrie, Mayor Attest By William G. Berg, City Clerk Date Approved by City Council 1006 San Sewer-Wat Easement.doc EXHIBIT."A~' . FRANKLIN STORAGE MERIDIAN SANITARY SEWER AND WATER LINE EASEMENTS June 6, 2003 Two easements located in the NW % of the NW %, Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; COMBINED SANITARY SEWER AND WATER LINE EASEMENT Commencing at the Northwest corner Section 17,1. 3 N., R 1 E., B.M., Idaho, thence N 89032'15" E 1154.54 feet along the north line of the NW % of Section 17 to a point; Thence S 00002'52" E 48.00 feet to a point on the proposed south right of way of Franklin Road, the Real Point of Beginning of this' description; Thence S 00002'52" E 18.15 feet to a point; Thence S 89057'08" W 16.00 feet to a point; Thence S 00002'52" E 20.00 feet to a point; Thence N 89057'08" E 16.00 feet to a point; Thence S 00002'52" E 202.03 feet to a point; Thence N 89057'08" E 32.00 feet to a point; Thence N 00002'52" W 44.26 feet to a point; Thence N 89057'08" E 10.00 feet to a point; Thence N 00002'52" W 10.00 feet to a point; Thence S 89057'08" W 10.00 feet to a point; Thence N 00002'52" W 89.34 feet to a point; Thence N 89057'08" E 22.00 feet to a point; Thence N 00002'52" W 20.00 feet to a point; Thence S 89057'08" W 22.00 feet to a point; 1 006-ss-w Thence N 00002'52" W 76.80 feet to a point on said south right of way; Thence S 89032'15" W 32.00 feet along said south right of way to the Real Point of Beginning of this description. WATER LINE ONLY EASEMENT Commencing at the Northwest corner Section 17, T. 3 N., R 1 E., 8.M., Idaho, thence N 89032'15" E 1154.54 feet along the north line of the NW % of Section 17 to a point; Thence S 00002'52" E 288.18 feet to the Real Point of Beginning of this description; Thence S 89057'08" W 128.91 feet to a point; Thence S 00002'52" E 519.63 feet to a point; Thence N 89057'08" E 20.00 feet to a point; Thence N 00002'52" W 77.02 feet to a point; Thence N 89057'08" E 6.00 feet to a point; Thence N 00002'52" W 20.00 feet to a point; Thence S 89057'08" W 6.00 feet to a point; Thence N 00002'52" W 380.23 feet to a point; Thence N 89057'08" E 6.00 feet to a point; Thence N 00002'52" W 20.00 feet to a point; Thence S 89057'08" W 6.00 feet to a point; Thence N 00002'52" W 2.39 feet to a point; Thence N 89057'08" E 187.00 feet to a point; Thence S 00002'52" E 198.01 feet to a point; Thence S 89057'08" W 11.00 feet to a point; Thence S 0.0002'52" E 20.00 feet to a point; Thence N 89057'08" E 11.00 feet to a point; Thence S 00002'52" E 280.99 feet to a point; 1 006-ss-w Thence N 89057'08" E 20.00 feet to a point; Thence N 00002'52" W 519.00 feet to a point; Thence S 89057'08" W 98.09 feet to the Real Point of Beginning of this description. See Record of Survey No. 5573 for additional data of record. Michael E. Marks, P.L.S. NoA998 1 006-ss-w 7 B 1S5f:;f- . - t LINE TABLE 11 N 69'57"06" E 6.00' L2 H 0lr02'52" W 20.00' U S 89'57'0Il" W 6.00' L~ H 69'57'06' E 6.00' 1.5 H 0lr02'S2' W 20.00' LEi S 69"57'06' W 6.00' L7 H Olr02'52' W 2.39' LS S 69"57'06" W 11.00' 1.9 S Olr02'52' E 20.00' LION 89"57'06' E 11.00' LI1 S 89'57'00' II 16.00' L12 N 89'~1'00" E 16.00' L13 N 8!1'~1'00" E 10.00' LH S 89'~7're" II 10.00' L1~ H 89'57'18' E 22.00' L16 S 89'S7'OO" W 22.00' BRIGGS ENGINEERING, INC. ~ (BRI~GS ) (208)344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 EXHIBIT uBu FRANKUN ROAD N W32'W E 132.1.OJ' W ,1/ 1 6 . - . -I' - . r-- . --0 '11~'- I ,.SOO'02'52"[ , . . '" ~ ;02'52' E~I' .:~~.~~:r - ---L - ---r I 16.15' ....::.;:.:.;:.:.::J '" (::::(::: :::.:(::::::::: oJ l;! . S 00'02'52' E............... .... . ::::":":.' :a 20.00' L12 ..::::;:::~::::::j l!t ~ I I. l:f~::::~::::::~~1i' "" I ;}............... l"ll;! I PARCEL a NiJ~~~~~:Hr:~~~( &~ I s s ~I.:...'.~....... :z: -= I ~ $....::.:::f:::::j rB a I .., tb.....:::... ~ II . ~~:::::::~:~:::f~~ SANITARY SEWER 'I[P;'::::::: 14 AND WATER 4'""t ~:~::~:~:::~:.,'.;. ~, u . f :::::::::.::;::::;: ~ Olr02'52' W .- - - S 89"57'M' if ~;:;':':';':'IT"~: i>i. S $57'06" VI 128.91' .:~~.: 66.09' 1----- . --...., 1 L7~ - - - 187.00-'- - - l 1.5 N 89'57'lla" E I L~ I I :~ ----:: 1 1 WATER ONLY ~ 1 1 '" 1 1 '" I 1 ~ 1 1 ~ PARCEL 2 ~ 1 1 r.; ~I I~ :::1 1& I ! ~ 1 1 la 1.9 1 I I~ 11 1 , 1 I 1'" SEE R,O.S. NO.5573 I I I 1 I 1 1 1 1 ~ 1 1 1 I", ~I 1 II I~ 1 1 ",I [; I ~I 1 ~ ~ I L2 ::: 1 1 [ LI I 1 I~ [ 1 I' 1 1 L.J LJ 20.00' 20.00' H $51'06' E H 89'57'06" E GRANTOR: OSBORNE ENTERPRISES 960 BROADWAY AVE., SUITE 505 BOISE, IDAHO, 83706 CITY OF MERIDIAN SANITARY SEWER AND WATERLINE EASEMENTS FRANKUN STORAGE SITE LOCA1ED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 17, T.3N., R.1E., 8.M., ADA COUNTY, IDAHO DESIGN DRAFT MEM SCALE NTS DATE 6/06/03 DWG.NO. 1006 '" REVISION SHEET 1 OF 1 EXHIBIT June 20, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department June 24, 2003 ITEM NO. ;3-& REQUEST Sewer and Water Main Easement for Tuscany Development - Messina Village 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 / Easement ~r Contacted: Date: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. RECEI D~ JUN 1 9 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City c~c;b0 From: Brad Watson, P.E.p^, (.. CC: File, Gary Smith, PE, City Clerk Date: 6/18/03 Re: Proposed Agenda Items for June 24 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 24 City Council agenda, on the Consent Agenda, for Council's consideration: ~1) Sanitary Sewer and Water Main Easement for Tuscanv Development (Messina VilIaqe Subdivision No.1). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Village Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Tuscanv Development (Messina Hills Subdivision No.1). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Hills Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision No. 1. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Lift Station Maintenance AQreement with Havasu Creek, LLC for Cobre Basin Subdivision NO.1. This agreement provides for City of Meridian operation and maintenance of a private temporary lift station in Cobre Basin Subdivision No. 1 . Page 1 Recommended Council Action: Approve the Lift Station Maintenance Agreement Havasu Creek, LLC for Cobre Basin Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 5) License Aoreement with Nampa & Meridian Irrigation District for Sewer Crossino of Finch Lateral. This document is a three-party license agreement for construction and subsequent operation of a sewer line under the Finch Lateral (aka South Slough). Saray Company (John Ewing) will construct the sewer line and once it is accepted by the City of Meridian, the license agreement will apply to us. A similar agreement between NMID, the City of Meridian and the LOS Church on S. Locust Grove Road was approved by City Council earlier this year. Recommended Council Action: Approve the License Agreement with Nampa & Meridian Irrigation District for sewer crossing of the Finch Lateral and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of _, 20_between Tuscany Development. Inc., the parties of the first part) and hereinafter called the Grantors, and the City of Meridian) Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW) THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE A TT ACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area 21108 ss-off. doc described for this easement, which would interfere with the use of said easement, for the pUl.1'oses stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) ss County of Ada ) On this / J day of ~A h ~ ,2003, before me, the undersigned, a Notary Public in and for said State) personally appeared Gregory Johnson , known or identified to me to be the president of Tuscany Development, Inc. that executed the within instrument, and acknowledged to me that such corporation executed the same. .........~ .a~J~ a~DJq"'.;>q ,," po,. L 13 "., "'....:..v-<;;.. "ooo;...,p,m:Y-WITNESS WHEREOF) I have hereunto set my hand and affixed my official seal the day '" ~~ 0" o.~-4 ~ ! ~ 0.... <<' At> ,... ~u y~ar fist above written. . ::~. ~O'" .1\..( ~ ~ I"oi . -..;;-- . .J.,. l!lJ ~ : ~.__ : 1" : ~ 7<: G:::: ';; ... PUB\..\: :0:; ~ I). . 1:.; ~::j, .J'l Do ~.o ~ .r-'.'/ -'1-,-).. ~A o-.(lOQ.o. -("\ ~ .."';~~ '<J 1'E OIl ~Y^...,,<. "'-':''''-...__~.._..n~\~:' " NOTARY-PUBLIC FOR IDAHO ~R 'd' LtCC5( ~n_l eSl mg ~~ =1-- &CJ...Cl Commission Expires: '? /30/ ocr=' at GRANTEE: CITY OF MERIDIAN 211 08 55-off. doc Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: 21108 ss-off. doc EXHIBIT "A" DESCRIPTION FOR OFFSITE SANITARY SEWER EASEMENT MESSINA VILLAGE SUBDIVISION NO.1 February 13, 2003 An easement for sanitary sewer line construction, operation and maintenance, located in the S % of the NW % of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southwest corner of the NW % (W % corner) of Section 29, T3N., R1 E., 8.M., thence N 0014'24" E 694.15 feet along the west line of said Section 29 to the BEGINNING POINT of this easement centerline description; Said easement being 30 feet in width,centered on the following described line: Thence S 89045'36" E 633.09 feet to a point; Thence N 81046'39" E 295.21 feet to a point; Thence N 83023'45" E 158.20 feet to a point; Thence S 89042'49" E 158.08 feet to a point; Thence S 80001 '02" E 217.30 feet to a point; Thence N 81027'53" E 69.04 feet to a point on the westerly right-of-way of the Eight Mile Lateral; Said easement leaving grantors property and crossing lands owned by the Nampa Meridian Irrigation District: Thence continuing N 81027'53" E 60.14 feet to a point on the easterly right-of-way of the Eight Mile Lateral; Said easement re-entering grantors property: Thence continuing N 81027'53" E 140.64 feet to a point; Thence S 08032'07" E 121.76 feet to a point; Thence S 26041'29" E 200.43 feet to a point; Thence S 45016'13" E 220.15 feet to a point; 21108off-ssease.des.doc Thence S 75020'11" E 67.25 feet to a point; Thence S 89045'36" E 222.35 feet to a point Thence N 69047'39" E 94.32 feet to a point; Thence N 49020'55" E 90.06 feet to a point; Said easement being 60 feet in width, centered on the following described line: Thence continuing N 49020'55" E 30.00 feet to a point; Thence S 40039'05" E 30.00 feet to a point; Said easement being 30 feet in width, centered on the following described line: Thence continuing S 40039'05" E 296.25 feet to a point; Said easement being 60 feet in width, being 31.75 feet left and 29.25 feet right and adjacent to the following described line: Thence S 81040'07" E 64.55 feet to a point Said easement being 30 feet in width, centered on the following described line: Thence continuing S 81040'07" E 53.50 feet to a point; Thence S 89037'43" E 1067.24 feet to a point; Thence N 00021 '39" E 160.60 feet to a point; Thence S 89038'21" E 295.00 feet to a point; Thence S 00021 '39" W 61.34 feet to a point; Thence S 44038'02" E 69.74 feet to a point; Thence S 89037'43" E 442.68 feet to a point on the west line of proposed Messina Village No.1, the ENDING POINT of this easement centerline description. Michael E. Marks, P.L.S. No.4998 21108off-ssease.des.doc ro;g Qo Ul .-.. !"?i' ~ ~~ ~ :J: '" .... 0:;0 .... s:.b 00 Z '-J (,JO 0 .--.J 0 0:;0 {J>O e; o :;0 )>- ~ ~ s:: (/) Z 0 -i ~ Ul fTl N ~ ........-i fTl ("l ........ o v. I I J ~ -0.... ~"':j;:- IS ,gp' . . "0 0-----_0 "",,' --- 0010)1-- ._,_, '~'ST ( ~~ ~ I ----71lr----=-~... ' ~ ~ I I~~ !Ii-=------::.:-l.-'-.~.-.-.- ~ I ~~ II"" Q I ~"'" 11"l Z C5 II.... G) ~~ 1\1 ~ I , ~::j ::", I 1 III e: I It I-' 118 II - III 1\ '\\ '" \\\ ~ ~ \l~t;. _;\~f'~ Ill""l' i-> "'-'\' o_ti\ L '11 III :z ~l'~~ ~ .",tlt@~ !::i "'2>/1 -"l. 1::", -"211 '" .'J == 'II I'T1 ~O-r// '" ~fl .....~ ~ {1,/-"... ~ ------= 1- --- - - .........G ~-- -:;;."to.\.\<';;' \ 1 ' :r- ~':;" \ '-, " /..&. .-_31' "z ~:%& Go /:::?,..-__:J ~ ~ 0/ ~~/ff/" VI "';::; ~ Q,;j;;/ '" '" - Sl d '" ,,>',a,~ '" 15~ ~'" ~ ~ (tl"mti: ~~ ~~ J'T1 ["1'1 I( _;-l~ -<D -.... S '" ::,1 ~L- ,,; '~:... ~~I: z-' :0:. ""':. ~5111 ","" _ en I I (Q~ :z ~llG~ to~ \~V-~ ~ ~ ~\"., ::'-'-" ....< ~:z: )~T-:'!5 ~ /d /.... 8 ~ .t>};-)<...... tI) ~cn ..g ~~/ ~q 8' q . r'li" ~fS ~ ,(', <>g g --- t I' ',,,, . . I I '<II tit '" ~ II -: i If is 0- II 0:>-" III "'4. ~ I: : ~ II(/) ~ V. 1\llllg ~ tie::;: . II""! E r ti 111 . 'I'" il~ :I:~ I t - tll :z I I ~ ::-~ :Il~~ I L..'3.!C' ~_........:;:"l lIt <II i!~~ '118,.;' . I tl -- I 1.0=-=,,1 ,,; . "'(rK".... I I ~I:\ ~'" ,II:! ....1\1~"''l:O I ~\TI:;!I I '-'~ -~ "'l2:"'II....1s:J - 1~~"'lIJ g ~ en ..1t . =E ~~!tll ,." 5a all I I ~ I I ...., L ""t........ 19-i-l.~"" MESSINA VILLAGE III ---------- NO.1 1Il II III t I j t -< ; i o fTl (fJ 6 z 5 00 ~~ O( -(f) g ~ ~ (J) ~x t':l )- m Z o z (f) - ~ 0 t':l -i ~~ ~ ~ ~;:t:::o -< 0...... ~....... ~ (J) J!. f',.) 0 (l1 b ~;( ~ J>Vl t':l ;0 tTl(f.l g ~ (f.l (11 cO Z )- zz> en ~ f',.) (11 !P ~ ~ 6-1 (l1 ?f~ z of () -i ?Dt:l:J ;;;:2: ~!=> aJ ~ ~ o ::e N 0 Z o 9 OJ ~ iT! I ::0 I ~l ~ I I ~ I "- .... ~ I I h lr- fT1 X I CD -; ~ a1 ~ ~ -+--~ ~ ------ n J I I J EA<lLt IlllAI> J 1'--- WATER EASEMENT THIS INDENTURE, made this _ day of _, lO_between Tuscany Development, Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities) together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However) Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial slrrubs or flowers within the area 21108 wtr. doc described for this easement, which would interfere with the use of said easement, tor the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-ote-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofllie first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) On this / d day of -:J G: )"l ~ , 20 QJ before me, the undersigned, a Notary Public in and for said State, personally appeared Gregory Johnson ; known or identified to me to be the president of Tuscany Development, Inc. that executed the within instrnment, and acknowledged to me that such corporation executed the same. \)JN~~~S WHEREOF, I have hereunto set my hand and affixed my official seal the day .."> ,fJ.:'A'"e'j//"~ ."",..">_~ ~~J.!~>~ove written. :; ..... 0" .; 71-;.. ~ ~ ~...., a .. l.. --:: ~ .,: "': ....\OT;\b .. 8 ':. '; : \.- ""r \ :. ; ~ . = J, * : ~..... : * : , 0 ^ C.. .... ,(- tJB L'\. : S -<J'j -Q ~~ ~ ..?> 0" o. 0 ~ ~"$' f "Oooo.olJo, -'\~ ~~" 'Ii 0 F li) ~f;.",.."> . ~_",~'YJ-"Q.'t\i ~L~~O Residing ~/kJ -J J...,lo Commission Expire;: --?- /<3 D / o? at GRANTEE: CITY OF MERIDIAN 21108 wtr. doc Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: 21108 wtr. doc DESCRIPTION FOR OFF-SITE WATERLINE EASEMENT MESSINA VILLAGE SUBDIVISION NO.1 May 10, 2003 An easement of land located in the NE X of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of Section 29, Township 3 North, Range 1 East, Boise Meridian; thence N 89036'44" W 716.20 feet along the north line of said NE X to a point on the centerline of Victory Road, the BEGINNING POINT of this centerline description; Said easement being 20 feet wide, 10 feet on each side of the following described line: Thence S 00028'30" W 96.03 feet to a point; Thence S 12044'15" W 103.50 feet to a point; Thence S 25000'00" W 126.78 feet to a point; Thence S 12044'15" W 60.70 feet to a point; Thence S 00028'30" W 169.30 feet to a point; Thence N 89036'44" W 587.55 feet to a point; Thence N 66034'24" W 50.94 feet to a point; Thence S 23025'36" W 758.22 feet to a point; Thence S 21034'24" W 35.62 feet to a point; Thence S 66034'24" E 129.74 feet to a point; Thence S 78005'47" E 40.33 feet to a point; Thence S 89037'11" E 222.82 feet to a point on the westerly boundary of Messina Village Subdivision No.1, the END POINT of this description. Michael E. Marks, PLS 4998 211080s wat.des.doc I-~ I I I "- I ............. I I I I , I -J.__ "I', I --l- I , NUMBER L1 L2 L3 L4 L5 L6 L7 L8 L9 LlO L11 L12 L13 DIRECTION N 89'36'44" W S 00'28'30" W S 11'44'15" W S 25'00'00" W S 12'44'15" W S 00'28'30" W N 89'36'44" W N 66'34'24" W S 23'25'36" W S 21'34'24" E S 66"34'24" E S 78'05'47" E S 89'37'11" E BRIGGS ENGINEERING, INC, 'E.1Xi~NEERIN(; [BRIGGS] I . (208)344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 EXHIBIT "B)' VICTORY ROAD 20 21 W -.J (j <( w DISTANCE 716.20' 96.03' 103.50' 126.78' 60.70' 169.30' 587.55' 50.94' 758.22' 35.62' 129.74' 40.33' 222.82' PERMANENT 20' WATER EASEMENT REVISION PROPOSED MESSINA VILLAGE SUBDIVISION No.1 LOCATED IN THE NE 1/4 OF SECTION 29. T.3N., R.1E., S.M. MERIDIAN, ADA COUNTY, IDAHO SHEET 1 OF 1 DESIGN DWG.NO. 21108 211080S-WAT.dw DRAFT MEM SCALE DATE 06/11/03 nts June 20, 2003 MERIDIAN CITY COUNCIL MEETING June 24,2003 APPLICANT Public Works Department ITEM NO. 3 - ~ REQUEST Sewer Main Easement for Tuscany Development - Messina Hills 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 / Easement vU nr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. R CEIVED~ JUN 1 9 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City C~cb/ 7 From: Brad Watson, P.E. P /C l1..../ CC: File, Gary Smith, PE, City Clerk Date: 6/18/03 Re: Proposed Agenda Items for June 24 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 24 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Tuscanv Development (Messina Village Subdivision No.1). Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Village Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. * 2) Sanitary Sewer MeI \V6lzr Main Easement for Tuscanv Development (Messina Hills Subdivision No.1). Typical sewer .elRQ ":a!8r main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Hills Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision No. 1. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision NO.1 and authorize the Mayor to sign and City Clerk to attest. 4) Lift Station Maintenance Agreement with Havasu Creek, LLC for Cobre Basin Subdivision No.1. This agreement provides for City of Meridian operation and maintenance of a private temporary lift station in Cobre Basin Subdivision No. 1 . Page 1 Recommended Council Action: Approve the Lift Station Maintenance Agreement Havasu Creek, LLC for Cobre Basin Subdivision NO.1 and authorize the Mayor to sign and City Clerk to attest. 5) License Aoreement with Nampa & Meridian IrriQation District for Sewer Crossing of Finch Lateral. This document is a three-party license agreement for construction and subsequent operation of a sewer line under the Finch Lateral (aka South Slough). Saray Company (John Ewing) wjll construct the sewer line and once it is accepted by the City of Meridian, the license agreement will apply to us. A similar agreement between NMID, the City of Meridian and the LOS Church on S. Locust Grove Road was approved by City Council earlier this year. Recommended Council Action: Approve the License Agreement with Nampa & Meridian Irrigation District for sewer crossing of the Finch Lateral and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. CD Page 2 SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of _) 20_between Tuscany Development, Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sewer Main Easement 20101SSEASE Page 1 any permanent structures, trees, brush) or perennial slrrubs or "flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement) and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO) ) ss County of Ada ) On this /2 day of 3 Lf 1\ ~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Greg Johnson , known or identified to me to be the president of Statewide Construction, Inc. that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WJ'Jijt:p:MSS,}VHEREOF, I have hereunto set my hand and affixed my official seal the day ~~~f~hX~~ written. .:' :--.V ..... ....I"'~-2" ~ $' ~ ... -.. ~ :: :::; ~ o~ AR }" if. 'a .. .c; .. ..::,.' .. ~ .. : . ~ - .~.. ~ . -- .- .. . ~....- ,a.. : ... ~V"" .. .."... -;. * o. pun:\.> .0 0 :: ~ .0. ...0 ~ ..~ .. .C\ " .. "'""" ":>" Vj> 0..".."..... \5' "" .:> "''''''''4 <1 'FE or .."''''...... oJ.JS.J'J!irl :::'ll:in"~'I). NOTARYPUBUCFORIDAHO '~~~ c(~ Residmg ~ _~.]) Commission Expires: 1) /30)0 '& at GRANTEE: CITY OF MERIDIAN Sewer Main Easement 2010 1 SSEASE Page 2 Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sewer Main Easement 20101 SSEASE Page 3 EXHIBIT "A" DESCRIPTION FOR OFFSITE SANITARY SEWER EASEMENT MESSINA HILLS SUBDIVISION NO.1 June 13, 2003 An easement for sanitary sewer line construction, operation and maintenance, located in the S % of the NW ~ of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of the NE ~ (East 'X corner) of Section 29, T3N., R 1 E., B. M., thence N 0027'45" E 1184.59 feet along the east line of said Section 29 to a point; Thence N 90000'OO"W 1503.70 feet to a point on the southerly boundary of Messina Hills Subdivision No.1, the BEGINNING POINT of this easement centerline description; Said easement being 30 feet in width, centered on the following described line: Thence S 00021 '39" W 869.24 feet to a point on the centerline of an existing sanitary sewer main line, the ENDING POINT of this easement centerline description. Michael E. Marks, P.L.S. NoA998 20614off-ssease. des. doc . / /1/( / f / ------j I 1;// ----- -----;/(' f........ / . I /IIL _ _ (-----I MESSINA HILLS SUBDIVISION NO.1 I @ II \, '--.... ----- _____ I ... '. . II 1';---... ~_____~_~___________[ I / 1-......... ~ =rr----- ~ESSTNAVrCLAG~SUBDI vi 5 teN-- I; ........j / I "~I!,r-- -----------~ ~ / I ( L-__--,.__.,--_I_ ---1 ( / '- '" i ~~ : 1 -( I,;; I _-=-::_~~_~9___~"-~p~~~~"-"- -~---~--f-----l i --> 1---.....; / I o\~ ~: ::~ r- _ _ /" NO.1 I ....... ----- -I -- ----- ......z_\\t.\G r ~~:: ::~ J -t-, - - -II (~-(- -1- - T - I' i ..... G;\~T" - -1. :. .:. I , I N ~ - ~::~ ~---< :' .......~/ / I 1-_ t::::{1 l-,-_---j I 'I I I ~ !-.. / {- ~:..:J _ _ _ I , /. ....... f / / J::::~ l- - - -j J ~ -t ~ ...J -r-..J. I ~ / I ....... / '::::{ I ----1, , I I I ' ---r ( 'r ~ I '.., I I \ I I /-1 _. ~~ ~~j ~ _ _ -1 I l ' J I I . , -\ '---.. I r 'It:: ::1 I --\ - - ~ -L - --L _ ~ ~ I I '-- ----- L.. / / ~ I,: .:. ,/' ...\ ,..5 --. ----- ----- . ~" '.i L /' ':::, ~. <t ' / 7' - L 92 I:: ::J - - -r- fl~ I - r - -, - rr- _ Q 00 I / I ---, ----- - 1. - --:1d , I y0~U / , I I I <(;: , I r - t.:.J L / I , / I I / 0 I ;.. I (- _~,::,:'J ---1 II O::w / ----- 1-- / / I I" z ~:::~ I l- - - .L -. - -L T -L -r ~ / w: 'I ----- --L / 1m: .J I , I -; I- ...J l{) / r_i- I I !'l~n~ L---1 \ I f II -f--- o.<t, / / I-+- -- + _N t:: ::~ I L _ _ \ , I II I ~ ~ I ......./ I cf:. .:. L \ . , -'--...1 I ~ I ~H ---1 vL-L-L__JJ I 0 I ....... J---.... - - -?,,",:5~ ,fJ} ~U i '_ I ~ _ I _ ~~~- Z I --." .\~€- --l __ _ -..J ~: .:~ - - - --t- - -I r (8~~ I / \.f'~~ --, - ~:... I I I Wi ' / Y/ r---,_ t::::!L 'I J C! I / / I '-i-ll::':.l ---1-~--j __ ' - --f... / I / I :~: :~j I 0 ~f.'\ ,I 1 ! i ----- ----{ ~I I I IHJ ~ _ I _ ~ l- -1 ~~ ,,( r I I /' ~ - I _I r - t- - '.', -------------=r=------------l , , ~~~ ~ ' .~ ~ I I I I ' f)7]:)(I SIN G -l ! I I I 'IE E. ~ I I I I I I I J i I MAl N iLl N E 3~"::--=--~-=-=-~=-=-!:!.=.=~= ! -----::=--=--~=--:!-=-~_=_~=___J i i - - --r - - )''-,-,-l-----r-' ! I I r-J-r-I-~--J , / " J I , , I , , I ,~__-l / I I I I., I I I I , I I " f---:----'---L..---L-L-......l...- 29!28 - - ~L - -L.. _1 --L. _ _1-.J _ _ ---1-------____________---4 ~ ~-COR~ER EXHIBI,T . "B" ( BRIGGS ENGINEERING, INC. ~ ( 8RI,GGS ) PERMANENT 30' SANITARY SEWER EASEMENT REVISION (208)344-9700 1800 w. OVERLAND ROAD BOISE. IDAHO 83705 PROPOSED MESSINA HILLS SUBDIVISION No.1 LOCATED IN THE NE 1/4 OF SECTION 29, T.3N., R.1E" 8.M. MERIDIAN, ADA COUNTY, IDAHO SHEET 1 OF 1 DESIGN DRAFT SCALE MEM nts DATE DWG.NO. 06/13/03 20614 206140FF SSS.dw June 20, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department June 24, 2003 ?J-S ITEM NO. REQUEST Sewer and Water Main Easement for Sutherland Farms 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 I Easement .yU ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED~ JUN 1 9 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City C~C;b h.J From: Brad Watson, P.E. P /C (.. CC: File, Gary Smith, PE, City Clerk Date: 6/18/03 Re: Proposed Agenda Items for June 24 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 24 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Tuscanv Development (Messina VilIaQe Subdivision No.1). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Village Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Hills Subdivision No.1). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Hills Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. *---3) Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision No. 1. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Lift Station Maintenance AQreement with Havasu Creek, LLC for Cobre Basin Subdivision NO.1. This agreement provides for City of Meridian operation and maintenance of a private temporary lift station in Cobre Basin Subdivision No. 1 . Page 1 Recommended Council Action: Approve the Lift Station Maintenance Agreement Havasu Creek, LLC for Cobre Basin Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 5) License Aoreement with Nampa & Meridian Irrigation District for Sewer Crossinq of Finch Lateral. This document is a three-party license agreement for construction and subsequent operation of a sewer line under the Finch Lateral (aka South Slough). Saray Company (John Ewing) will construct the sewer line and once it is accepted by the City of Meridian, the license agreement will apply to us. A similar agreement between NMIO, the City of Meridian and the LOS Church on S. Locust Grove Road was approved by City Council earlier this year. Recommended Council Action: Approve the License Agreement with Nampa & Meridian Irrigation District for sewer crossing of the Finch Lateral and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this J lth day of \fUNe:.., 2063 between 5LJ~f~ F'a\M Uc., the parties ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County) Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration) the Grantors do hereby give) grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities) together with their maintenance) repair and replacement at the convenience of the Grantee) with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.SW.doc Page 1 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~~--C President Secretary STATE OF IDAHO ) ) ss County of Ada ) On this J J .t/, day of ::n" vv:2.. , 20_, before me, the updersigned, a Notary Public in and for said State, personally appeared Trevor C f.cl,.zr-h and , known or identified to me to be the President and Secretary, respectively) of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. M ~ tit.......,'.. 1c "tt p'~ ~.." ..,y '0. 1$~ ~##. .' . ~ '-I ....~ ~. l~~/ ..... \. NOTARY PUBLIC FOR IDAHO i (. ~01AR.)- \ -L \ · ~ .'1". ()'D i * _.- "i 1 Residing [X) JSe" I \ }l>UB\..~O': Commission Expires: iO~#-o.s- II' _;.;&;' Sanitary S~~~ ~.:.;~ement Page 2 EASMT.SW'~~ei 1'1> Oil \'V ......... ." Q ..... "",.....,,, at GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sanitary Sewer and Water Main Easement EASMT.SW.doc Page 3 June 20,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department June 24, 2003 ITEM NO. 3-T REQUEST Lift Station Maintenance Agreement with Havasu Creek, LLC, for Cobre Basin 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 / Agreement ~ Contacted: Date: Phone: Materials presented at public meetIngs shall become property of the CIty of Meridian. ( RECEl E JUN 1 9 2003 City Of Meridian City Clerk Office "! To: Mayor Corrie & City c~cb0 From: Brad Watson, P. E. P ^' l. CC: File, Gary Smith, PE, City Clerk Date: 6/18/03 Re: Proposed Agenda Items for June 24 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 24 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Tuscanv Development (Messina Villaqe Subdivision No.1). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Village Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main. Easement for Tuscanv Development (Messina Hills Subdivision No.1). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Hills Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision No. 1. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision No. 1 and authorize the Mayor to sign and City Clerk to attest. ~4) Lift Station Maintenance AQreement with Havasu Creek, LLC for Cobre Basin Subdivision No.1. This agreement provides for City of Meridian operation and maintenance of a private temporary lift station in Cobra Basin Subdivision No. 1 . Page 1 Recommended Council Action: Approve the Lift Station Maintenance Agreement Havasu Creek, LLC for Cobre Basin Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 5) License Aqreement with Nampa & Meridian Irriqation District for Sewer Crossinq of Finch Lateral. This document is a three-party license agreement for construction and subsequent operation of a sewer line under the Finch Lateral (aka South Slough). Saray Company (John Ewing) will construct the sewer line and once it is accepted by the City of Meridian, the license agreement will apply to us. A similar agreement between NMID, the City of Meridian and the LOS Church on S. Locust Grove Road was approved by City Council earlier this year. Recommended Council Action: Approve the License Agreement with Nampa & Meridian Irrigation District for sewer crossing of the Finch Lateral and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Q Page 2 Lift Station Maintenance Agreement This Agreement is entered into this 4thday of June) 2003) by and between the CITY OF MERIDIAN (hereinafter "Meridian)>) and Havasu Creek LLC., an Idaho limited liability company, (hereinafter referred to as "Havasu"). WITNESSETH WHEREAS, Havasu has made application to Meridian to rezone and annex that certain parcel of real estate to be known as Havasu Creek Subdivision and to develop that subdivision as more particularly described on its initial application; and, WHEREAS, Meridian has granted Havasu's application subject to all of the terms and conditions of a Findings of Fact and Conclusions of Law entered into on January 7th 2003; and, WHEREAS, one specific condition of the Findings of Fact and Conclusions of Law requires Havasu to install a sewage lift station in order to properly move sewage from a collection point in the subdivision to connect to the White Trunk Sewer Line of the Meridian Sewer System, which lift station must be monitored and maintained to prevent malfunctions; and, WHEREAS, Meridian has the capability and the expertise to monitor and maintain this lift station because it does the same with other lift stations at other projects and subdivisions, and will agree to do the same for Havasu for a fee equivalent to its costs and expenses; and, WHEREAS, Havasu intends to form a non-profit corporate homeowners association to be known as Havasu Creek Homeowners Association, Inc. (hereinafter the "Association") and said association will pay Meridian's fees for monitoring, repairing, and maintaining this lift station after construction byHavasu and assignment of this Lift Station Maintenance Agreement thereto and, if assignment is not made) Havasu shall be responsible for Meridian's fees to monitor, repair, and maintain this lift station; NOW, THEREFORE, In consideration ofthe mutual benefits, the parties agree as follows: 1. The above recitals are contractual and binding. 2. Scope of Meridian's duties: Meridian shall provide the following periodic maintenance services to the Cobre Basin lift station: A. Daily operations monitoring and biweekly wet well surface cleaning. Page 1 of 5 B. Periodic line maintenance and wet well floor maintenance in accord with Meridian's normal schedule C. Emergency response to telemetry relayed breakdown messages. D. In the event routine repairs exceeding One Hundred Dollars and No Cents ($100.00) are needed, Meridian shall notify Havasu, who shall then make, or contract for, the repairs at Havasu's separate cost. Meridian is currently charging $15.75 labor and $15.00 vehicle per hour for routine repairs. E. In the event emergency repairs are necessary, Meridian shall cause those repairs to be made at Havasu's expense. Cost for emergency repairs shall be based on time and materials in correcting the problem. Time will be at the rate of Thirty-One Dollars and Fifty Cents ($31.50) per hour for two (2) personnel or at the then published hourly rate for services by Meridian wastewater maintenance personnel during regular hours (8:00 a.m. - 5:00 p.m. Monday through Friday) and Forty-Nine Dollars and Fifty Cents ($49.50) per hour for two (2) personnel for non-regular hours, or at the then published rate for non- regular hours. A service vehicle rate is charged at Fifteen Dollars and No Cents ($15.00) per hour in addition to the personnel charge. NOTE: Emergency repair call-outs require the use of two (2) employees for safety Purpose. F. These rates are subject to periodic negotiation not more frequently than once per year or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 3. Scope ofHavasu's duties: A. In addition to bearing the cost of installing the sewage lift station, Havasu shall install an alarm system in accord with City Standards which shall cause a telemetry relayed breakdown signal to be relayed to the Meridian City Wastewater Department which shall then give rise to the duties in Section 1. B. Havasu shall pay all utility costs incurred in operating the lift station, including water, power, and telephone. C. Havasu shall pay to Meridian routine maintenance charges as follows: i. Initially, one visit per day lift station monitoring and biweekly wet well surface cleaning at Two Hundred Forty-Five Dollars and No Cents ($245.00) per month. At a future time in the development of this subdivision, when sewage flow into the lift station has increased to a point where, in the opinion of the City Wastewater Superintendent, two daily visits and weekly wet well Page 2 of5 cleaning are required, the monthly maintenance charge shall increase to Three Hundred Forty Dollars and No Cents ($340.00) per month. ii. Periodic line and wet well floor cleaning at One Hundred Thirty-Five Dollars and No Cents ($135.00) per cleaning, as necessary or in accord with Meridian's normal cleaning schedule. These rates are subject to periodic negotiation not more frequently than once per year, or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 4. Havasu shall indemnify and hold Meridian harmless from any and all losses, claims, actions, judgments for damages or injury to persons or property, and losses and expenses caused by, or arising from, operation and maintenance of the lift station and not caused by the negligent conduct of Meridian or its employees. 5. All sums of money due to Meridian shall be paid within thirty (30) calendar days of the date of invoice. 6. This agreement may be terminated by either party upon sixty (60) days written notice. 7. In the event that the sewage collection system serviced by this sewage lift station can subsequently be connected directly to a gravity sewer line connecting to a main sewer trunk line, making the lift station unnecessary, then the lift station may be abandoned and all of the equipment shall belong entirely to Havasu or its assignee. 8. The duties and rights of Havasu may be assigned by Havasu to the association. Page 3 of5 Havasu Creek) LLC. Member: ~ ~ M Goldsmith STATE OF IDAHO, ) :ss. County of Ada. ) pv'- } On this -1- day of ( jlVLl., 2003, before me, the underfl:,.ed, a Notary Public in and for said State, personally appeared f/.A.a.yPf &tilJstUJ , known and identified to me to be the member of Havasu Creek L.L.G. that executed the mstrument or the person who executed the instrument on behalf of limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~J JJMdMM Notary Public for Idaho Residing at~, Idaho Commission expires: ~1 ",'U""", ,.., M I" (SEAL) ,..,,, Cp.. J. /lei) or""" ...... (; - ............ OA ."-:. ~ ~ Jlr ~y " .. CQ .. '=' = I.QI ,\\OTA.t L ~ \ :~ r 0: - ...... . : * . = ~ .oUB\.\(.. i \<.p I '...~ AO~ "'" .. 1'. "'"- '\.p .... ""'" 1: OF \'0 ~ .......... I" ...... I,........., Page 4 of5 CITY OF MERIDIAN Robert D. Corrie, Mayor Attest: William G. Berg, Jr., City Clerk STATE OF IDAHO) ) ss County of Ada ) On this day of ,20_, before me) a Notary Public in and for said State, personally appeared Robert D. Corrie and William G. Berg, Jr., mown or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively, and to be the persons whose names are attached to the foregoing instrument and aclmowledged to me that they executed the same for said City of Meridian. IN" WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Page 5 of5 June 20, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department June 24, 2003 ITEM NO. 3~lL REQUEST License Agreement with Nampa & Meridian Irrigation District for Sewer Crossing of Finch Lateral: 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 Affached Memo I Agreement ~ Contacted: Date: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. RECEl JUN 1 9 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City c~c;.b 0 From: Brad Watson, P.E.P^, t- ee: File, Gary Smith, PE, City Clerk Date: 6/18/03 Re: Proposed Agenda Items for June 24 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 24 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Tuscanv Development (Messina Village Subdivision NO.1). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Village Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Tuscanv Development (Messina Hills Subdivision No.1). Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Tuscany Development (Messina Hills Subdivision No.1) and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision No. 1. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sutherland Farms Subdivision NO.1 and authorize the Mayor to sign and City Clerk to attest. 4) Lift Station Maintenance Agreement with Havasu Creek, LLC for Cobre Basin Subdivision NO.1. This agreement provides for City of Meridian operation and maintenance of a private temporary lift station in Cobre Basin Subdivision NO.1 . Page 1 Recommended Council Action: Approve the Lift Station Maintenance Agreement Havasu Creek, LLC for Cobre Basin Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. *- 5) License Aareement with Nampa & Meridian Irriaation District for Sewer Crossina of Finch Lateral. This document is a three-party license agreement for construction and subsequent operation of a sewer line under the Finch Lateral (aka South Slough). Saray Company (John Ewing) will construct the sewer line and once it is accepted by the City of Meridian, the license agreement will apply to us. A similar agreement between NMIO, the City of Meridian and the LOS Church on S. Locust Grove Road was approved by City Council earlier this year. Recommended Council Action: Approve the License Agreement with Nampa & Meridian Irrigation District for sewer crossing of the Finch Lateral and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of ,2003, by and among NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State ofIdaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642; and SARA Y COMPANY 1500 Eldorado, Boise, Idaho 83704, party or parties of the second part, hereinafter collectively referred to as the "Licensee", W I I N ~ S. .s. ~ I H: WHEREAS, Licensee is the owner of real property and/or right-of-way for a sanitary sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FINCH LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses Licensee's property and/or right-of-way as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, City of Meridian, by execution of this agreement, agrees to assume the maintenance and operation of the facilities constructed affecting said ditch or canal or the District's easement in the manner and under the terms and conditions hereinafter set forth after it provides fmal approval, in writing, and to be bound by the terms and conditions of this agreement and the City of Meridian agrees to assume the obligations and responsibilities as the Licensee which are imposed by this agreement once it provides final approval of the construction and installation.; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance vvith the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold hannless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work perfonned and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the tenns of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees LICENSE AGREEMENT - Page 2 to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable underthe circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the Districtto the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold hannless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. I L Licensee shall place no structures or landscaping of any kind above within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully LICENSE AGREEMENT - Page 3 resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions ofthis License Agreement. Licensee also agrees to pay any fees incurred in connection with the recordation of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. third party. This agreement is not intended for the benefit of any third party and is not enforceable by any 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in theneuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. LICENSE AGREEMENT - Page 4 NAMPA & MERIDIAN IRRIGATION DISTRlCT By Its President ATTEST: Its Secretary CITY OF MERIDIAN By ATTEST: SARAY COMPANY ~ By ATTEST: ~tl~) STATE OF IDAHO ) ) ss: County of Canyon ) On this_day of ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Ralph B. Wissell and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRlCT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. LICENSE AGREEMENT - Page 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this _ day of ,2003, before me, the undersigned, a notary public in and for said state, personally appeared and , known to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at My Commission Expires: STATE OF IDAHO County of ~ ) )ss. ) On this / /~ day of ./ ......."'-i:..- , 2003, before me, the undersigned, a notary public in and for said state, personally appeared J 0 ~.. j::? f w w......5 and , known to me to be the and , respectively, of the SARAY COMPANY, the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certilicate first above written. ~ . __ ~;.O ,ZkJ-- Notary Pubhc for I cf e~ M Residing at A <l( (c., I d 41t.~ My Commission Expires: 7/ 1& 0'4 /' ~ ("J-U-8 A ~ Engineers Surveyors Planners Project No.: 11911 Date: April 30, 2003 CITY OF MERIDIAN EXHIBIT "A" A CENTER LINE DESCRIPTION OF THE PROPOSED SANITARY SEWER ACROSSSARAY CO. TRACT FALLING WITHIN THE fiNCH LATERAL RIGHT-Of-WAY . . , A center Line description Located in the Southeast 1;.4 of the Northeast 1;.4 of Section 5, Township 3 North, Range 1 East, Ada County, Idaho, represented on the attached exhibit and being more particuLarly described as folLows: .. . . , Commencing at a found brass cap marking t~e Northeast corner of Section 5, from which the East 14 corner of Section, 5 bears South 00035'47" West,.2,611.55 feet; thence aLong the EasterLy boundary of Section 5, South 00035'47" West, 1 ,640. 59feet; ~hence North 89024'13" West, 70.00 feet to the WesterLy right-of-way of Eagle Road, and the proposed center Line of the proposed sanitary sewer, the POINT OF BEGINNING; . . i. thence aLong said center Line, North 10019'33" West, 52.99 feet to the Northeasterly right-of-way of the Finch lateral, the POINT OFTERNlINUS. . END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH I taj : Lhc F:\projectmanagers\PHK\11911\ 11911-Sur\Descriptions\FinchLicenseCenterline.doc Exhibit1\.'-: 'pa-ge 1 * (. .0. N. 1 I -........... ----- ----- 1" = 50' --- ~ ~ ~ "" ~ ~ "" "" ~ 32 33 5 4 3: "0, ~uJ loci n<;- " ill o . o~ {/l S: ........... 0::: N1 Oi 9'33"W 52.99' _N89"24'J.}"W _ 70.00' (/) o <{ o a:: w -l l') ~~ I "- I S: ........... 0::: PROPOSED (j:; SANITARY St:WER 3: ........... 0::: s ........... 0::: "- " \ ~ ('"J 'U.B .. =---" ENalNEERS . SURVEYORS. PLANNERS EXHIBIT A-1 CITY OF MERIDIAN, IDAHO PROPOSED SANITARY SEWER SARA Y CO. TRACT FINCH LATERAL RIGHT OF WAY NW 1/4, SECTION 4, T3N, R1E, BM F: \ProjeclMonager\PHK\11911-Dro\dwg\11911-SARAYCO- TRACT.dwg 4/30/03 Rvn;h;f- 71 ............-- .... Finch Lateral in NE114~ 8.5, T.3N, R.1E~ 8.M., Ada County~ Idaho (August 1994) Exhibit B ( EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct, install and maintain a sanitary sewer line within and acros s the District's eas ement for the Finch Lateral, all within Licensee's real property and/or right-of-way, described in Exhibit A and the right-of-way for Eagle Road, located near the intersection of Eagle Road and Leslie Drive in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of three sheets: sheet lentitled "Eagle Road Sewer Extension, Saray Company, Title Sheet," bearing engineer's stamp dated April 8, 2003; sheet 2entitled "Eagle Road Sewer Extension, Saray Company, Legend, General Notes and Details," bearing engineer's stamp dated April 8, 2003; and sheet 3entitled "Eagle Road Sewer Extension, Saray Company, Sewer, Plan and Profile," bearing engineer's stamp dated April 8, 2003. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and aclmowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder oftitle to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. The parties expressly agrees that the City of Meridian shall not be considered the Licensee under the terms of this agreement until the City of Meridian provides final approval, in writing, of the construction and installation of the sewer line described in Exhibit C of this agreement and takes over the operation and maintenance of said sewer line. Until such time as the City of Meridian provides final approval in writing, the covenants, conditions and obligations of this agreement shall be binding upon Saray Company and its agents. At such time as the City of Meridian does provide final approval of the construction and installation of the sewer line, the parties agree that Saray Company shall be released from any obligations, conditions or covenants of this agreement, and Saray Company shall no longer be considered the Licensee under the terms of this agreement. e. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's LICENSE AGREEMENT - Page 7 easement for the Finch Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easement for the Finch Lateral is 80 feet, 40 feet to either side of the centerline. f. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 8 June 20,2003 MERIDIAN CITY COUNCIL MEETING June 24, 2003 APPLICANT Public Works Department ITEM NO. 3 - V REQUEST Change Order No.1 for South Slough Trunk Sewer Project - Brown Construction: 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 (0 b11. '2--0 ( 4f Contacted: Date: Phone: Materials presented at public meetings shalf become property of the City of Meridian. ( ~ ,~-"" ? , GitM 'of Meri[Jia~:" '.,': '^, : PuBlic ,W~IMS' 'l)~e~~>~' .':: " .":' "~'", . ~. /" : _" <f:' 'i ~ '"~"', -? , .("; '." > em RECEIVED JUN 1 9 2003 To: Brad Watson From. Lenard Grady If);' cc: Gary Smith Date: 6/19/2003 Re: Proposed Agenda Items for June 24, 2003 City Council Meeting City Of Meridian City Clerk Office -n::- The Public Works Department respectfully requests the following items be placed on the June 24 City Council consent agenda: South Slouqh Construction - Change Order #1 This contract was awarded to Brown Construction for $1,404,404.40. Part of this contract includes a bore under Eagle Road at Ustick. After pot-holing near the designed bore termination area (south-east of Ustick and Eagle), it was determined that it is impractical to locate the bore in this area. A revised bore length and orientation has been designed and the detailed cost adjustment is attached. The proposed change order is for a net increase of $26,677.10. Expected completion date is currently July 31. Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the $267677.10 Change Order #1 with Brown Construction for the Sough Slough Truck Extension Project and authorize the Mayor to sign it Facilities Safety Assessment and Safety Manual Development Attached is a contract for $64,518 with HDR for Phase I of II of this project. Phase II will be completed next year for a proposed additional cost of $26,744.00. Only two consultants responded to the RFP due to the specialized nature of project. Once complete, the Waste Water Treatment Plant, the Water Department, and the Public Works Inspectors will have a safety manual with policies and procedures based on a site facilities assessment. Attached is the contract. Fromthedeskof... Recommended Council Action: The Public Works Department recommends that City Council approves the $64,518.00 contract with HDR Engineering, INC. for Lenard Grady S1alfEngineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-]297 gradyl@Ci.meridian.idus . Page 1 ( the Facilities Safety Assessment and Safety Manual Development and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. ,. Page 2 C) z~ oe::: -0 ~m wo ~<( ><0 We::: ):::::.::: Zo :J- o:::~ ~(/)- :r:J:(( C) e::: : :Jo~ ou..z ...l(/)W (/)w:::E :rC):r ~ZO :J<(~ o:r~ (/)0<( I~ zU):u: <(oe::: OOw -11.0 lXOa:: W>O :::Ea::W u..<(C) Q:EZ ~:E<( _:J:r 0(/)0 >- ~ "<:l ti u .!;; Q) "<:l l!:! l!:! Q) Q) ::> 'C 'C 0 "ED <3 l!:! l!:! .c <II .!;; <: W "<i 0 0 '" ..Q ..Q E .5 "<:l <II '" 0 .2 .2 "0 Q) 0 0:: Z .c .c 2 0 0:: ..I<: m 1:>> .c ..I<: <.> 0 U; <: <: <: '" .9 "" i= ~ .B2 <: E <D '" 0 => a. "<:l "<:l <.> Q) => ~ <: <: .s <.> .... '0 () m t'll '" 0 .... en en "<:l 1i .... '" Cf,) '" t'll W <: <: Q) .s t'll Q) "iii '(;; "<:l Q) C Q) .... 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June 20. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department June 24, 2003 ITEM NO. 3-W REQUEST Agreement for Services with HDR Engineering for Phase 1 of Facilities Safety Assessment and Safety Manual Development: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Agreement IJ;.~ .t /10 dv6( 4~ ~ I ~ ? I~,r~ &t h I (tVrV VV Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. . " , ' CitY of Meriaia~ ' Public W()~s:'D~~~.,', ,", , ~ ,,? "? . , ? ~.,. . . ? v" ",. ~~."" ~ . "" ' Mem RECEIVED JUN 1 9 2003 To: Brad Watson From: Lenard Grady If) 1. cc: Gary Smith Date: 6/19/2003 Re: Proposed Agenda Items for June 24, 2003 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests the following items be placed on the June 24 City Council consent agenda: South Slouah Construction - Chanae Order #1 This contract was awarded to Brown Construction for $1,404,404.40. Part of this contract includes a bore under Eagle Road at Ustick. After pot-holing near the designed bore termination area (south-east of Ustick and Eagle), it was determined that it is impractical to locate the bore in this area. A revised bore length and orientation has been designed and the detailed cost adjustment is attached. The proposed change order is for a net increase of $26,677.10. Expected completion date is currently July 31. ~ Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the $26,677.10 Change Order #1 with Brown Construction for the Sough Slough Truck Extension Project and authorize the Mayor to sign it Facilities Safety Assessment and Safety Manual Development Attached is a contract for $64,518 with HDR for Phase I of II of this project. Phase II will be completed next year for a proposed additional cost of $26,744.00. Only two consultants responded to the RFP due to the specialized nature of project. Once complete, the Waste Water Treatment Plant, the Water Departmentt and the Public Works Inspectors will have a safety manual with policies and procedures based on a site facilities assessment. Attached is the contract. From !he desk of... Recommended Council Action: The Public Works Department recommends that City Council approves the $64,518.00 contract with HDR Engineering, INC. for Lenard Grady Sta!fEngineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 gmdyl@Ci.meridian.id.us . Page 1 the Facilities Safety Assessment and Safety Manual Development and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. " Page 2 SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INe. FOR PROFESSIONAL SERVICES THIS AGREE.MENT is made as of this 16th day of June.12003, between the City of Meridian ("OWNER") a municipal corporation through its Public Works Department, with principal offices at 660 E Water Tower Lane, Suite 200, Meridian, Idaho 83642- 2300, and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with offices at 418 South 9th Street, Suite 301, Boise, Idaho 83702, for services in connection with the project known as Facilities Safety Assessment and Safety Manual Development ("Project") ; WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of lump sum. The amount of the lump sum is $64,518.00. Agreement for Professional Services 1 1-1999 Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perlorm the services described within the time periods stated in Exhibit A. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. SECTION VI. RESPONSIBILITIES OF THE OWNER Owner shall provide documents for review by HDR as detailed in Exhibit A, Scope of Work. Agreement for Professional Services 2 1-1999 IN" WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. "OWNER" BY: NAME: Robert D. Corrie TITLE: Mayor ADDRESS: ATTEST: BY: NAME: William G. Berg, Jr. TITLE: City Clerk HDR ENGINEERING, INe. "ENGINEER" BY: '1V7 MfLcJoJJu Mara Foley NAME: TITLE: Vice President ADDRESS: 418 South 9th Street, Suite 301, Boise, Idaho 83702 Agreement for Professional Services 3 1-1999 EXHIBIT A SCOPE OF SERVICES For Facilities Assessment & Safety Manual Development Project For THE CITY OF MERIDIAN 1.0 BACKGROUND The Public Works Department has a need to develop a Departmental Safety Manual for their facilities whIch includes wells, a wastewater treatment plant, and construction projects. A facilities assessment of existing facilities is the first step in achieving the development of a safety manual. The City has requested that HDR assist the City in developing this safety manual. 2.0 SCOPE OF SERVICES Task 1: Water Department Facilities Assessment The purpose of this task is to visit specific facilities to assess general applicability of Occupational Safety and Health Administration (OSHA) regulations and Best Management Practices (BMPs) that are recommended by OSHA or other national consensus standards. The purpose in identifying observed conditions associated with Water Department facilities and operations is to aid in the development of the Safety Program, and it is not intended that all conditions will be identified. Review of items regulated by agencies such as the United States Environmental Protection Agency, American Disabilities Act, and local building codes other than the National ElectrIC Code are beyond the scope of the assessment. Older electrical installations will be reviewed for National Electric Code (NEe) violations. Water Division facilities to be included in the assessment will consist of 16 well houses, 2 water storage tanks, meter vaults, valve vaults, and a water tower. Since numerous similar meter vaults and valve vaults are located throughout the City, it is anticipated that 5 meter vaults and 5 valve vaults will be assessed. It is anticipated that four Water Division employees will be interviewed, and that the interviews will be conducted during the facility visits. Brad Kruger, HDR's safety profeSSIonal, will fly in from Omaha and spend three days reviewing Water Division facilities and conducting interviews, and will be assisted part-time by Dan Ayers of HDR and Clay Bingham of Taylor Engineering. Clay Bingham will provide the NEC review of Water Division facilities of older installations such as older well pump stations. Task 2: Wastewater Department Facilities Assessment The purpose of this task is to visit specific facilities to assess general applicability of OSHA regulations and BMPs that are recommended by OSHA or other national consensus standards. The purpose in identifying observed conditions associated with Wastewater Department facillties and operations is to aid in the development of the Safety Program, and it is not intended that all violative conditions will be identified. Review of items regulated by agencies such as the United States Environmental Protection Agency, American Disabilities Act, and local building codes other than the National Electric Code are beyond the scope of the assessment. Older electrical installations and hazardous areas will be reviewed for NEC violatIons. City of Meridian HOR Engineering, Inc. -1- Facilities Assessment and Safety Manual Consulting Services Scope of Services 6/16/2003 Wastewater Division facilities to be included in the assessment will consist of the Wastewater Treatment Plant (WWTP), the collection system, and lift stations. The WWTP facilities to be reviewed include the laboratory, maintenance facility, influent screens, aeration basins, clarifiers, sludge digestion facilities, centrifuge dewatering facilities, sludge drying beds, the sand filters, UV disinfection facilities, and sludge land application facilities. A minimum of ten lift stations, including two primary types of lift stations used by the City, will be assessed. It is anticipated that one operator from each area, including the sludge farm, will be interviewed during the WWTP facility assessment. Brad Kruger, HDR's safety professional, will fly in from Omaha and spend five days reviewing Wastewater Division facilities, and will be assisted part-time by Dan Ayers of HDR and Clay Bingham of Taylor Engineering. Clay Bingham will provide the NEC review of Wastewater Division facilities of older installations or hazardous areas. Task 3: Construction Site Inspector Assessment Water and Engineering construction inspection employees pertorming activities while working at contractor controlled construction sites will also be included in the safety assessment. The assessment will not include any contractor or subcontractor activities. It is anticipated that site visits will be conducted at one Water Division construction site and one Engineering Division site. Interviews with Water Division and Wastewater Division construction inspection employees will be conducted at the time of the site visits. Task 4: Assessment Report Development The results of the health and safety assessment will be analyzed to identify subject areas that should be addressed in the Safety program. The results of the assessment will be included in a draft Health and Safety Assessment Summary Report, and five draft copies will be submitted. Upon receipt of the City's comments, the Health and Safety Assessment Summary Report will be finalized; ten final copies will be submitted. This report will give the City a baseline assessment on which to build the safety program. Task Sa: Written Program Development ~ Policies Based on results of the assessment, and consultations with Department personnel, HDR will develop a Health and Safety Program Manual (Manual), which includes written procedures that address employee health and safety requirements per OSHA parts 1910, 1926 and applicable and appropriate ANSI guidance. The manual will be organized in two parts, it is anticipated that the first part shall include: · Policy Statement · Health and Safety Organization · Personnel Responsibilities · Employee Training · Health and Safety Equipment · Accident Notification & Investigation . Substance Abuse Policy . Safety Program Enforcement City of Meridian HDR Engineering, Inc. -2- Facilities Assessment and Safety Manual Consulting Services Scope of Services 6/16/2003 HDR will need to receive detailed information from the City in order to complete Part 1 of the Manual. One significant piece of information is what type of Health and Safety Management Structure the City anticipates utilizing to implement the Health and Safety Program. HDR anticipates developing a list of required information and discussing various options during the Kick-Off meeting. Task 5b: Written Program Development - Procedures (Optional task, not included in this Scope of Services) The second part shall include Health and Safety Procedures, each addressing a specific hazardous task or situation. A fullllst of Procedures will be finalized during the Health and Safety Assessment; however, the following Procedures are currently anticipated: . Permit Required Confined Space Entry . Ladder Safety . Slip, Trip, and Fall Protection . Electrical Safety . Excavation Safety . Hazard Communication . Lockout! Tagout . Bloodborne Pathogens . Traffic Safety . Personal Protective Equipment . Emergency Action Plan . Noise (Hearing Conservation) . Portable Fire Extinguishers . H eat Stress . Cold Stress . First Aid/ CPR . Defensive Driving . Violence in the Workplace . Biological Hazards . Medical Monitoring · Powered Platforms, Manlifts, and Vehicle Mounted Work Platforms City of Meridian HDR Engineering, Inc. -3- Facilities Assessment and Safety Manual Consulting SelVices Scope of Services 6/16/2003 · Chemical Hygiene Plan for Laboratories · Machinery and Machine Guarding · Welding, Cutting, and Brazing · Gantry Cranes · Powered Industrial Trucks · Motor Vehicles and Material Handling Equipment A draft list of procedures shall be submitted to the Department for review and comment prior to initiating Procedure development. However, in order to facilitate development of a Safety Manual, Procedure development addressing known or obvious specific hazardous tasks or situations will be initiated prior to finalizing the list of procedures. Development of Part 1 of the Safety Manual will occur throughout the project. HDR anticipates meeting with key personnel from each Division, during the Kick-Off Meeting, to receive input on the format and content of the Procedures. The recommendations from this meeting will be incorporated into the Procedures as long as OSHA or BMP compliance is maintained. In order to further facilftate the development of the Manual, a copy of each draft Section/Procedure will be submitted bye-mail to the Department for review and comment upon completion, rather than waiting until all draft Procedures have been completed. A draft Safety Program Manual, addressing the initial comments will be prepared and submitted, for final Department review and comment. Upon receipt of the final comments, the comments will be incorporated and 10 copies of the final Safety Manual, along with an electronic copy on one or more CDs will be delivered to the Department. The electronic copy will be written in Microsoft Word (latest version). Task 6: Project Management The purpose of this task is to manage and to coordinate project technical resources to a leve] of service and responsiveness consistent with the project schedule and budget. HDR will develop and update project schedule, develop and update a Project Management Plan, develop and update budgetary controls, provide monthly invoicing and progress reports, manage subconsultant agreements, coordinate with the project team on project management issues, and identify staffing requirements. HDR's Project Manager will also assist the City in coordinating required meetings. These are anticipated to include an initial Kick-Off Meeting and monthly progress meetings. HDR's Project Manager and Safety Professional will attend the Kick-Off Meeting, while HDR's Project Manager will attend the monthly progress meeting. If additIonal staff is required during the monthly progress meeting, they will be available by teleconference. Task 7: Quality Assurance/Quality Control HDR will develop a Quality Assurance/Quality Control plan as part of the Project Management Plan prior to commencing work. HDR's Jim Woolcott will be assigned the QAlQC task lead to ensure that all deliverables are reviewed and comments incorporated prior to distribution to the City. QAlQC Task Leader will conduct reviews of all project deliverables, or assign senior engineers to conduct reviews of specialized support discipline work. City of Meridian HDR Engineering, Inc. -4- Facilities Assessment and Safety Manual Consulting Services Scope of Services 6/16/2003 3.0 DELlVERABLES HDR will provide draft and final copies of the Assessment Report, and draft and final copies of the Safety Manual. 4.0 SCHEDULE Notice to Proceed: June 16, 2003 Kick-Off Meeting: June 23, 2003 Water Department Facilities Site Visits: June 24 - 26, 2003 WatertWastewater Construction Site Visits: June 27, 2003 Wastewater Department Facilities Site Visits: July 7-11,2003 Draft Facilities Assessment Report Completion: August 15, 2003 Receive City Comments on Draft Assessment Report: August 29, 2003 Final Facilities Assessment Report Completion: September 12, 2003 Draft Safety Manual - Policies: September 26,2003 Receive City Comments on Draft Safety Manual - Policies: October 17,2003 Final Safety Manual - Policies: October 31, 2003 Draft Safety Manual - Procedures (Optional): December 1, 2003 Receive City Comments on Draft Safety Manual (Optional): December 19, 2003 Procedures Safety Manual Completion (Future): January 16, 2004. 5.0 PAYMENTS TO HDR Payment for Basic Services: For the scope of services described in Section 2, Scope of Services, total compensation will be a lump sum of $01".2G2.e8, and as detailed in the following table: If 6.rr. fif8 OV " . Task Amount 0i-Water Department Assessment $7015 02-Wastewater Department Assessment 11 ,463 03-Construction Assessment 1,749 04-Assessment Report 27,529 05a-Safety ProQram Development - Policies 9,002 City of Meridian HDR Engineering, Inc. -5- Facilities Assessment and Safety Manual Consulting Services Scope of Services 6/16/2003 OS-Proiect Manaqement - Assessment/PoHcies 3,140 07-QAlQC - Assessment/Policies 4,620 Total $64,518 05b-Safety Manual- Procedures (Optional). Includes costs for Project management and Qual1ty $2S,744 Control Payment for Additional Services: Compensation for additional services such as the optional safety Procedure development and follow-on training will be on the basis of a Lump Sum or Per Diem as agreed upon before the initiation of any such services. HDR will not perform any Additional Services activities without written authorization from the Public Works Department. City of Meridian HDR Engineering, Inc. -6- Facilities Assessment and Safety Manual Consulting Services Scope of Services 6/16/2003 EXHIBIT B TE~1S AND CONDITION HDR Engineering, Inc. Terms and Conditions for Consulting Services 1. STANDARD OF PERFORMANCE The standard of care for all consulting and related services performed or fumished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances aUhe same time and in the same locality. CONSULTANT makes no warranties, express or implied, under this Agreement or othelWise, in connection with CONSULTANT's services. 2. INSURANCE CONSULTANT agrees to procure and maintain, at its expense, ~or~.ers' Compensation insurance as required by statute; Employer's LiabIlity of $250;000; Automobile Liability insurance of $1,000,000 combined single limit for bodily' injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance ot $1,000,000 per claim for protection against claims arising out of the periormance of services under this Agreement caused by negligent acts, errors, or omissions for which CONSULTANT is legally Hable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be fumished to the OWNER. CONSULTANT agrees to indemnify OWNER for the claims covered by CONSULTANT's insurance. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by CONSULTANT are made on the basis of information available to CONSULTANT and on the basis of CONSULTANTs experience and qualifications, and represents its judgment as an experienced and qualified professional. However, since CONSULTANT has no control over the cost of labor materials equipment or seNices furnished by others, or overthe contract~r(s') methods of determining prices, or over competitive bidding or market conditions, CONSU L TANT does not guarantee that proposals, bids or a,ctual project or construction cost will not vary from opinions of probable cost CONSULTANT prepares. 4. CONSTRUCTION PROCEDURES CONSULTANT's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for periorming work in accordance with applicable contract documents . CONSULTANT shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. CONSULTANT shall not be responsible for the acts or omissions of the contractor or other parties on the project. CONSUL T ANT shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of CONSULTANT beyond those set forth in this Agreement. OWNER agrees to include CONSULTANT as an indemnified party in OWNER's construction contracts for the work, which shall protect CONSUL TANTto the same degree as OWNER. Further. OWNER agrees that CONSULTANT'shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where CONSULTANT's services are performed. 6. SERVICES AND INFORMATJDN OWNER will provide all criteria and information pertaining to OWNER's requirements tor the project, including design objectives and constraints, space, capacity and performance requirements, f1exibJlity and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-fumished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineer or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by CONSULTANT. The OWNER agrees to bearfull responsibility for the technical accuracy and content of OWNER-furnished documents and services. . In pertorming consultant and related services hereunder, it is understood by OWNER that CONSULTANT is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attorney, Insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative wil! examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by CONSULTANT, and wlll obtain the advice of an allomey, insurance counselor or other. consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by CONSULTANT. 7. SUCCESSORS AND ASSIGNS OWNER and CONSULTANT, respectively, bind themselves, their partners, successors, assigns, and iegal representatives to the covenants of this Agreement. Neither OWNER nor CONSULTANT will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the dher. 8. RE.USE OF DOCUMENTS All documents, including all reports, drawings, specifjcations, computer software or other items prepared or fumished by. CONSULTANT pursuant to this Agreement, are instruments of service.with respect to the project. CONSULTANT retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended wifl be at OWNER's sole risk and without liability or legal exposure to CONSULTANT, and OWNER will defend, indemnify and hold harmless CONSULTANT from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT. 9. TERMINATION OF AGREEMENT OWNER or CONSULTANT may terminate the Agreement, in whole or in part, by giving seven (7) days writien notice, if the other party substantially fails to fulfil! its obligations under the Agreement through no fault of the terminating party. Where the method ot payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of tennination. An equitable adjustment shall also be made to provide for termination settlement costs CONSULTANT incurs as a result of commitments that had become firm before termination and for a reasonable profitfor services performed. ' 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by tlie other party as a waiver of any subsequent breach of the same provision, term or condition. . (11/2001) 11. INVOICES CONSULTANT will submit monthly invoices for services rendered and OWNER will make prompt payments in response to CONSULTANT's invoices. CONSULTANT will retain receipts for reimbursable expenses in general accordance with Internal Revenue,Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWN~R disputes any items in CONSULTANT's invoice for any reason, Including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promplly notify CONSULTANT o~ the dispute and request clarificalion and/or correction. After any ?Ispute has been settled, CONSULTANT will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. . OWNER recognizes that late payment of invoices results in extra expenses for CONSULTANT. CONSULTANT relains the right to assess OWNER interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of CONSULTANT's invoices are not paid when due, CONSULTANT also reserves the right, after seven (7) days prior written notice, to suspend the periormance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The part[es agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change Is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensalion shall be in accordance with applicable'paragraphs and sections of this Agreement. Any proposed fees by CONSULTANT are estimates to perform the services required to complete the project as CONSULTANT understands il10 be defined, For those projects involving conceptuElI or process development services, activities often are not fully definable in the initial planning. ]n any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. CONSULTANT will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the 'services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLUNG AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to-proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, CONSULTANT agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATER]ALS OWNER represents to CONSUL TANTthat, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to CONSULTANT the existence of all such hazardous materials, Including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that CONSULTANT's scope of services do not include services related in any way to hazardous materials. In the event CONSULTANT or any other party encounters undisclosed hazardous materials, Terms & Conditions tor Consulting Services 2 CONSULT ANT shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials', and CONSULTANT may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to Identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (if) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that CONSULTANT is performing professional services for OWNER and that CONSULTANT Is not and shall not be required to become an "arranger," "operator," "generator," or ''transporter'' of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with CONSULTANT's services under this Agreement If CONSULTANT's services hereunder cannot be periormed because of the existence of hazardous materials, CONSULTANT shall be entitled to lerminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless CONSULTANT, its officers, directors, partners, employees, and subconsultants from and against aH costs, losses; and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributabie to bodily Injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (iil nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negflgence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between CONSULTANT and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or ,modified only by a written instrument duly executed by the parties, 17. LIMITATION OF LIABILITY CONSULTANT's and its employees' totalliabHityto OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the periormance of services or any other cause, including CONSULTANT's and its employees' professional negligent acts, errors, or omissions, shaH not exceed the greater of $50,000 or the total compensation received by CONSULTANT hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless CONSULTANT and its employees from any liability above such amount 18. LITIGATION SUPPORT In the event CONSULTANT is required to respond to a subpoena, govemment inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which CONSULTANT is not a party, OWNER shall reimburse CONSULTANT for reasonable costs in responding and compensate CONSULTANT at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. INDEMNIFICATION OWNER explicitly waives any right it has to immunity under applicable industrial insurance laws and agrees to indemnify, defend and hold CONSULTANT, its employees, officers, and directors harmless from any and all liability, losses, costs, expenses and fees arising out of claims or law suits brought by OWNER's employees or any of its subconsultants' employees tor bodily injuries or death sustained as a result of CONSULTANT's services performed hereunder, except to the extent caused by the gross negligence or willful misconduct of CONSULTANT. (11/2001) June 20,2003 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Finance Report: June 24, 2003 ITEM NO. ~ - A - f AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: COMMENTS ~ttY pflJ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. FINANCE REPORT May 2003 Table of Contents REPORT NAME Long Term Investment Status Investments and Cash WWTP - Budget to Actual Comparison WATER - Budget to Actual Comparison Utility Sales Revenue Comparison General Fund Expenditures - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2003 Police Dept Monthly Overtime Fire Dept Monthly Overtime Vacant Position Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund Amendment General Fund Summary Special Service Fund Summary Enterprise Fund Summary Revenue & Expenditure Reports from MIP accounting software 1 of 57 PAGE# 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF 5/31/2003 $632,173 $3,648,460 $9 1 0,329-----.-::::: $1,641,226 $5,078,540 INTEREST BEARING ACCOUNTS PORTFOLIO DISTRIBUTION III Government Bonds $21,456,664 o Certificates of Deposit II Advisor Money Market o Checking lliI Money Market WWeHs Fargo Bond Reserve lliIldaho State Pool CASH & INVESTMENT TYPE - NET YIELD 0.04 0.035 0.03 0.025 0.02 0.015 0.01 0.005 o 1>'" o~ ~." e~ ... ~~ ~e v," o~ o~ #(:1 '" "I{, .' ~...~ ,,~<!I ...I{,~ ~e ~ I{,' ~"'- o~ '1>'" I{, qO ~ (> .......0 ~e ~ <l-o'" !',.I{, fi-1>4 c; ~o.J, ,:.1> ~..?> ~o '1;>0 ~o -t-{( .i~' $680,900 Investment Account Balance $895,518 by Fund $9,769,012 D General Fund $555,668 ti!iI Cap Improve Fund $3,356,252 III Enterprise Fund D Fire Truck Fund liII!I Latecomer Fund II Special Service Fund 11II Park Impact Fees 2 of 57 CITY OF MERIDIAN INVESTMENTS AND CASH 5/31/2003 6.00% 5.00% C 4.00% -I w 3.00% >= 2.00% 1.00% 0.00% ~fb.4, $1.400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 April INTEREST RATE HISTORY - .-:- = ~: ---- -------- . , '.~ ,~' ~~ ~ra $04, ,:)~ :ora' :ora' :ora' :ora' fb.<A "lJ.<A &' 9....*- ~~'lt-4, ':)V 'S ~~ ;t$' ",-0 ~ ~ v t..V _~-1- \l" ""- \l" ~ra 0" ,4'0 ,,'0 ':,fb.~ :0 "". e;;'Oq ~o <:>0 <<'0 MONTH Investment Income ~ Budget to Actual Comparison General Special Services Enterprise COMPARISON - INVESTMENT & CASH BALANCES ~ >:>~ ~/ ,0 ~;'(i> ~t.; <~t.; 4.a 00 0 ~'1'1!' 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Ul'C15 Ul C.- .- tII 0 011 Cl :I E.S Z 8:= ~ .5 ~ 8 ....lll_ Ulo..lll en e '(3 .a Wllleo 1-....:It11 oE~ z.. .. <( t- It> '0 U') CITY of MERIDIAN UTILITY SALES REVENUE COMPARISON for Period Ending 5/31/2003 Month October November December January Feburary March April May June July AU9ust September Water FY2002 $357.563 $203.611 $149.145 $151.301 $158,240 $146,909 $174,751 $241,894 $408.431 $363.936 $406.124 $359.824 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 FY2003 $276,042 $214,536 $141.050 $155.770 $147.265 $142.265 $158.136 $200.121 Dollar Change -$81.521 $10.925 -$8.094 $4.469 -$10.975 -$4.644 -$16.615 -$41,773 FY2003 $324.870 $339,620 $283,145 $329.145 $311.595 $296.694 $320,870 $336.811 Percentage Change -22.80% 5.37% -5.43% 2.95% -6.94% -3.16% -9.51% -17.27% WWTP FY2002 $221.063 $240.097 $254,195 $255,736 $261,926 $235,264 $252,716 $257.080 $277.368 $356.038 $334.856 $346.096 Month October Novem ber December January Feburary March April May June July August September WATER SALES REVENUE ,g ,g f$ rf><A 'l><A G" -# ~ ~ ~"> ,y. ~o/ QV o~'b 0& )1j <<~ ~ <J .~ 9<'; '?' ~1>":'" ~0 )'S ,So":'" q dJ. ~ & ~ ~ ~ ci~ WWTP UTILITY SALES REVENUE dJ. f$ dJ. rz;<A 'l><A G" tJ.cr> 0<f? _~f9 ~"> ,y. ~o/ o ~o..s. ,P'F )1j <<~ i..~ '?-<;! ~rf). ~0 )'S ....So..:... ~ f$ ~ & # ....'S ':..'b 00<;! 6 of 57 Dollar Change $103.807 $99,523 $28.950 $73,409 $49,669 $61.429 $68,154 $79,732 -.- FY2002 FY2003 -.- FY2002 FY2003 Percentage Change 46.96% 41.45% 11.39% 28.71% 18.96% 26.11% 26.97% 31.01% :z o ., ~ <( "- :I: o o '" !;( .,0 ~~ s ~~ ~ ffi::; ~ ~c[ C zw::J W ~ot; ~ QZo( w ffi~o j!; :1:::;11- :z 'Qffi~g!il ~ffig~~ (,.)~ta"'"'u.. w o '" III U ,a D.. < 'Oc g ~ .8 Ll.. 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It) '0 ~ ~ &", '0 -1'~ //~ ."01 'fy ~if. ~ 1;~ "if. .-r 9& v~ ..;y "", ~ ......61: ;.n 9~ & ./. 061: &~ 0 <'v& ......61: ""0 90 ~ :}'a. o CITY OF MERIDIAN VACANT POSITION REPORT AS OF May 31, 2003 Date Department Job Position Filled New Vacant Crime Prevention Specialist 10/1/2001 Patrol Officer (Christensen) 4/28/2003 Patrol Officer (Advance) 10/1/2002 Patrol Officer (Advance) 10/1/2002 Records Clerk (Flores) 4/1/2003 A. Marie Byrns Code Enforcement Officer 5/28/2003 12/10/2002 F Burns Temp until Filled Operator II 1 0/1/2002 Don Case Chief Water Operator (Promotion) 5/21/2003 Water Work Person (Arte) 3/12/2003 Tf Inspector to PW 5/16/2003 ~ 115 - 20 Seasonal Part-Time Seasonal 10/1/2002 Varies Sandra Paasch Seasonal Office Assistant 5/29/2003 Alan Jenkins Seasonal GroundskeeperJ 5/19/2003 Jeremy Aldrich Seasonal GroundskeeperJ 5/23/2003 Interviews 6/3-5/03 9 Intro Firefighters Staff Engineer Engineer Tech I (Jeff McFrederick) Ip:&:z; :';;,.::>::':':,._:,';::....:,'i;.;:'.::,':_",_:;";....,~:'::~_:': ..J....,..c'.'..'n.c._n....__. .-...._J_,....'..'..,.',....._m., ' :::',._._~: .....-...__...:;,.,.,.:::,;.;...-c c_::'::::, .;_..; _.n. O. c'c~',' .'m......' ,... "?.'. ."_n .., <:..}....:.::...f 13 of 57 Carryforward BUDGET PURCHASES Bud to Act Dept Acct Description FY2002 Amount FY2003 YTD Variance Notes Mayor 94300 computer" desktop 1,500.00 1,562.62 (62.62} replace #48 Finance 94200 desk & chair 1,200.00 1,200.00 0.00 IT coordinator Finance 94300 computer - desktop 1,500,00 1.200.66 299.34 replace #463 Finance 94300 computer. desktop 1,500.00 1,200.66 299.34 replace #464 Finance 94300 computer - desktop 1,500.00 1.200.66 299.34 replace #461 Finance 94300 computer - desktop 1,500.00 1,200.66 299.34 replace #462 Finance 94300 computer. laptop 2,000.00 1,833.19 166.81 IT coordinator Finance 94300 Superstack 3 Switch 1,105.95 (1.10595) network hardware not In budget.pd wlsavings HR 94200 desk & chair 1,700.00 1,547.48 152.52 HR Analyst HR 94300 computer - desktop 1,500.00 1,321.31 178.69 replace #308 HR 94300 computer. desktop 1,500.00 1,4 70.32 29.68 HR Analyst Police 94100 Vehicle. investigations 20,000.00 15,795.77 4,204.23 replace #3 Police 94100 Vehicle - investigations 20,000.00 16,706.54 3.293.47 replace #11 Police 94100 Vehicle. investigations 20,000.00 22,255.80 (2.255.80} #37 Enhancement#7 promote officer to investigato Police 94100 Vehicle - patrol 20,000.00 22,052.30 (2.05230} replace #26 Police 94100 Vehicle - patrol 40,000.00 38,090.19 1,909.81 replace #29 Police 94100 Vehicle - patrol 28,500.00 30,829.62 (2,329.62) replace #24 Police 94100 Vehicle - patrol 27,000.00 33,110.15 (6.110.15) replace #31 Police 94100 Vehicle" patrol 40,000.00 36,388.45 3,611 .55 #36 Enhancement#3 new patrol officers Police 94100 replace 2 Astro Spectra Radios 5,531.36 (S,53U6) capital items PD budgeted in operating Police 94200 desk f work station 1,500.00 1,500.00 Enhancemenl#4 Crime Analyst Police 94200 desk f work station 1,000.00 1,000.00 Enhancement#5 records clerk Police 94300 computer - desktop 2,000.00 1,921.00 79.00 replace #4155 Police 94300 computer - desktop 2,000.00 1,080.00 920.00 replace #4157 Police 94300 computer - desktop 1,500.00 1,080.00 420.00 replace #438 Police 94300 computer. desktop 1,500.00 1,080.00 420.00 replace #4067 Police 94300 Laptop computer 1,857.00 (1.857.00) extra Laptop not In budget Police 94300 Computer & Software 6,000.00 6,000.00 Enhancemenl#4 Crime Analyst Police 94300 Computer & Software 2,000.00 1,080.00 920.00 Enhancemenl#5 records clerk Police 94400 Glock Handguns 18,000.00 15,168.00 2,832.00 replace Smith & Wesson handguns Police 94400 L1DAR speed detect device 4,500.00 2,916.00 1.584.00 Enhancement#3 new patrol officers Police 94400 Video 2001 system 4,495.00 (4,495.00} purchase for Dur gr"nt Police 96011 carryforward 17 ,902.20 7,208.80 1 0,693.40 Tvcabling,handrails Fire 92300 Latecomer fees 2,700.00 2,700.00 Enhancement#l new fire station Fire 93302 Opticom 16,000.00 12,096.00 3,904.00 Enhancement#6 opticom Fire 94200 turnout racks,furnishings,tools&propane 28,000.00 28,000.00 Enhancement#l new fire station Fire 94300 computer - desktop 2,000.00 1.193.17 806.83 Enhancement#1 new fire station Fire 94300 computer - desktop 1,500.00 1,193.17 306.83 replace #2501 Fire 94300 computer" desktop 1,500.00 1,500.00 replace #2015 Fire 94400 defiberaltar 4,000.00 4,000.00 Enhancemenl#l new fire station Fire 94400 SCBA test bench 6,500.00 6,500.00 Enhancement#5 equipment Fire 94600 base station 3,800.00 3,800.00 Enhancemenl#1 new fire slation Fire 94600 phone syslem 5,000.00 5,000.00 Enhancemenl#l new fire slation Fire 96999 Firelruck #301 pumper 151,134.75 151,139.27 (4.52) Fire Truck Fire equipment for New Pumper 20,408.00 20,407.91 0.09 will need to amend Parks 91000 Land purchase 94,060.00 181,000.00 270,257.32 4,802.68 Enhancement#2 Borup property Parks 93405 Phase 11 improvements 18,517.07 155,000.00 1,880.00 171,637.07 Enhancement#8 Storey Park Parks 93409 playground equipment 36,000.00 29,525.03 8,474.97 Enhancemenl#4 Chateau P"rks 93411 Skate Park construction 11,847.30 32,689.59 (20,842.29) carryforward money only of $11,847.30 Parks 94401 lawn mower 8,095.00 8,095.00 0.00 replace #2097 Taro Groundmaster Parks 96156 Adventure Island Playground 50,000.00 50,000.00 100,000.00 Enhancement#9 Parks 96902 basketball courts 11,000.00 11,000.00 Enhancemenl#7 Bear Creek Parks 96902 restroom construction 135,000.00 26,523.66 108,476.14 Enhancement#7 Bear Creek Parks 96903 Selllers improvements 611,114.72 131,000.00 386,660.90 353.453.82 Enhancemenl#3 landscape,sidewalk P&Z 94100 Vehicle 14,000.00 14,000.00 replace 1991 Chevy Caprice P&Z 94100 Vehicle 15.000.00 15,000.00 0.00 Enhancemenl#l Code Enforce Coordinator P&Z 94300 Computer & Software 3,000.00 3,749.02 (74902} Enhancemenl#2 new Planner II contribution to Capilallmprovement Fund 363.723.00 585,467.00 SpecialSvc Funds (FY2002 equity) excess carryforward I 561,652.96 General Fu nd TOTAL Capital for FY2003 1,516,229.00 1,467,126.00 1,235,899,72 1,407,546.32 I CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay GENERAL FUND YTD 05/31/2003 14 of 57 Carryforward BUDGET PURCHASES Bud to Act Dept Acct Description from FY2002 for FY2003 FY2003 YTD Variance Notes MUSS 92000 new froot counter 10,000.00 3.293.68 6,706.32 Enhancemenl#2 front counter MUSS 94300 computer. desktop 1,500.00 1,500.00 replace #523 MUSS 94300 computer. desktop 1.500.00 1.500.00 Enhancement#2 front counter PW 94100 Vehicle. 4wd 21.230.00 17.057.89 4.172.11 Enhancement#5 additional vehicle PW 94200 bookshelves 1.000.00 1.000.00 Enhancement#8 bookshelves PW 94200 desk I work station 1.500.00 1.500.00 Enhancemenl#6 new Staff Engineer PW 94300 computer - desktop 4.000.00 3,682.00 318.00 replace #1042 PW 94300 computer - desktoo 2.200.00 2,209.00 (9.00) replace #1060 PW 94300 computer - desktoo 2.200.00 2.200.00 replace #1083 PW 94300 computer - laptop 3,400.00 3.499.56 (9956, Enhancemenl#3 technology PW 94300 com outer & software 2,200.00 2.200.00 Enhancement#6 new Staff Engineer PW 94300 printer. workgroup laser 1.200.00 1.200.00 Enhancemenl#3 technology Water 93301 upgrade telemetry system 7,785.00 10,000.00 17,785.00 Enhancement #10 Water 94100 Vehicle. pickup 18,000.00 13.834.87 4,165.13 replace 1991 Ford Pickup Waler 94100 Vehicle. pickup 18,000.00 13,834.87 4,165.13 Enhancemenl#1 new well tech Water 94300 computer. desktop 2.200.00 1.562.62 637.38 replace #3583 Water 94300 computer - desktop 2.200.00 1.562.62 637.38 replace #3073 Water 94300 computer. desktop 2,200.00 1,562.62 637.38 Enhancemenl#1 new well tech Water 94400 Well #11 Faull Assy Unit 7.000.00 6.620.00 380.00 budgeted In operatIOn - amend to capital Water 94400 Well #15 Faull Assy Unit 13.000.00 12,660.00 340.00 budqeted In operating. amend to capital Water 96111 WaterTawer Upgrade 89,872.94 42.602.19 47,270.75 carMorward Water 96131 Well #10 landscape 23.237.50 19,310.00 3,927.50 carryforward Water 96133 Well #22 441.00 (44100) no carryforward overbudget from 02 Water 96140 Waterline Extensions 600.000.00 405.751.67 194.248.33 Enhancement #7 Water 96147 Waterline Extensions 276,348.61 17.019.65 259.328.96 carryforward Water 96148 Well #23 45,537.18 997.89 44.539.29 carryforward Water 96149 Well #24 103,018.99 80,000.00 77.578.67 105,440.32 Enhancement #2 Water 96150 Well #25 199,959.00 300,000.00 46.929.90 453.029.10 Enhancement #4 Water 96157 Well #26 350,000.00 350.000.00 Enhancement #3 Water 96158 Well #27 200,000.00 200,000.00 Enhancement #9 Water 96999 carryforward 678.739.78 Water excess carryforward WWTP 3590 96999 carryforward 1.115.595.00 WWTP excess carryforward WWTP 3590 93505 Sewerline extensions 1.010.861.34 (339.96200) 561.828.28 109,071.06 carryforward WWTP 94100 Kawasaki Mule far WWTP 6,000.00 5.683.35 316.65 Enhancement #1 WWTP 94200 desk, chair new Siosolids office 2,000.00 2.000.00 Enhancement #1 WWTP 94200 desk,chair new WWTP office 2,000.00 2.372.37 {372.37) Enhancement #1 WWTP 94300 computer. desktop 2.200.00 1,394.00 806.00 Enhancement #1 WWTP 94300 computer. desktop 2.200.00 1,360.85 839.15 Enhancement #1 WWTP 94300 Computer Server 6.500.00 5.914.73 585.27 Not Budgeted to come from 94600 budg WWTP 94400 E-coli waterbath eouio 2.000.00 2.000.00 Enhancement #1 WWTP 94400 Effluent Sampler 5.500.00 5.500.00 replace #3671 WWTP 94400 Gantry Crane portable 3.000.00 3.185.07 (18507) Enhancement #1 WWTP 94400 Infrared Moisture Analyzers for Lab 3.200.00 2.060.00 1,140.00 Enhancement #1 WWTP 94400 lSCO portable sampler 5.000.00 4.542.00 458.00 replace #10373 WWTP 94400 lSCO portable sampler 5.000.00 5.000.00 Enhancement #1 WWTP 94400 Line Locator far collections 2.000.00 2.774.93 (774.93) Enhancement #1 WWTP 94400 Microfilm Reader 2.000.00 2.000.00 Enhancement #1 WWTP 94400 SamplinglTesling equip for Pretreatment 19,500.00 15.867.84 3.632.16 Enhancement #1 WWTP 94400 Diesel Tank 11.957.60 14,910.00 12.952.40) carryforward WWTP 94600 phone system 8,500.00 3,346.45 5.153.55 Enhancement #6 WWTP 3590 96109 UVI5mile Outfall 260,031.71 (100.00000) 18.311.60 141.720.11 WWTP 96141 WWTP Generator #3 25.443.53 25,443.53 WWTP 3590 96142 South Slough Sewer Ext 925.640.62 504.282.00 1,109.699.75 320,222.87 WWTP 3590 96143 WWTP City water project 16.900.46 16,900.46 WWTP 3590 96144 Ashford Lift Station uoorade 274.73 1274.73) flow monitoring WWTP 3590 96145 WWTP Nonpotable water project 82.669.10 82.669.10 WWTP 3590 96151 Predesign of WWTP--;)rojects 198,488.79 50.000.00 90.660.69 157.828.10 Enhancement #3 WWTP 3520 96152 Boise River OutfalUCreek Crossir 69.893.64 475.107.00 24,321.31 520.679.33 Enhancement #4 WWTP 3590 96154 Tertiary Filter By-Pass 19,401.00 19.401.00 WWTP 3590 96155 Thickener Pro'ect 427,242.21 800,000.00 122,770,88 904,471.33 Enhancement #2 WWTP 3590 96159 Centrate Basin Construction 200,000.00 200,000.00 Enhancement #7 WWTP 3510 96160 Digester Gas Line Modification 22.000.00 22.000.00 Enhancement #9 WWTP 3510 96160 Methane Gas Narm far Digester 5.000.00 5.000.00 Enhancement #9 WWTP 3590 96162 BlckCat TrunklinelLift pre desi9n 669.000.00 28,430.74 640.569.26 Enhancement #11 enterprise addition for fund bal 378.992.00 378,992.00 budgeted revenues exceeded expenditu Enterprise TOTAL Capital for FY2003 5,5B8,624.00 4,195,549.00 2,711,720.27 5,278,117.95 1 CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay ENTERPRISE FUND YTD 05131/2003 et res 4,164,125.00 2.162.027.00 2,019.709.57 3.190.847.43 15 of 57 CITY OF MERIDIAN FY2003 POTENTIAL BUDGET AMENDMENTS as of May 31,2003 ENTERPRISE FUND F D D b' D und ept e It Credit escflp 60 WWTP $ 150,000 increase cost of DAFT construction (wastethickener) 60 WWTP $ 433,320 addt'l funds needed for BlackCat & SouthSlough trunklines 60 WWTP $ 125,107 increase for Boise River Repair/Creek Crossing projects 60 Water $ 20,000 move money from operatino acct Wells Maint to Capital Equipment for 60 Water $ 20,000 2 Well VFD drives for Well 15 & Well 11 60 WWTP $ 100,000 increase costs for Boise River Rpr/Creek Crossing #96152 60 WWTP $ 100,000 savings from the UV/Five Mile #96109 60 $ 808,427 Decrease Fund Equity Transfer ENTERPRISE $ 828,427 $ 928,427 $ 100,000 ITransfer To (From) Fund Balance GENERAL FUND 01 FIRE $ 20,408 equipment for new fire truck #301 move money from operating to capital $ 20,408 I FY02 Year-End Fund Balance Transfer from Special Serv Fund to Cap Imprv 50 Bide $ 320,759 Fund FY02 Year-End Fund Balance Transfer from Special Serv Fund to Cap Imprv 50 Blda $ 320,759 Fund 50 Blda $ 14,360 increase rent for Building Department 50 Bldg $ 1,700 increase phone expense for Building Dept move 50 Bide $ 1,000 increase computer expense for cabling Build Dept move 50 Bide $ 17,060 Decrease FY03 Special Service Fund Transfer to Capitallmprov Fund 01 Other Gov $ 40,000 Ten Mile Exchange Study not budgeted for 01 FIRE $ 101,578 increase enhancements for the Rural share of 25% 01 FIRE $ 101,578 increase revenue from Rural Fire for their 26% share of 03 enhancements 01 Recreation $ 3,700 Trnsf appropriation from Council to Parks for Facilities Recreation Suprv 01 Council $ 3,700 Trnsf appropriation from Council to Parks for Facilities Recreation Suprv 01 HR $ 25,000 transfer appropriation to HR from Council for Aspireon contract 01 Council $ 25,000 transfer appropriation to HR from Council for Aspireon contract 01 FIRE $ 140,000 Holdback - decrease #3 wages - 3 months salary savinos 01 FIRE $ 7,500 Holdback. decrease Sta#3 operating - station won't open this fiscal year 01 Police $ 25,000 Holdback - decrease wages. will not hire PT Crime Prevention Officer 01 Admin $ 10,000 Holdback - decrease budget for Centennial Celebration In #1840 01 Admin $ 99,015 Holdback - FY03 transfer to Capital Improve Fund from General Fund 01 Admin $ 75,000 Holdback - decrease City Hall build ing construction budget 01 $ 316,515 Revenue Reduction GENERAL FUND $ 845,020 $ 845,020 $ (O)lTransfer To (From) Fund Balance ITEMS UNDER CONSIDERATION 50 Bldq - Increase Building Department Revenue and Contract Inspector Expense 01 Parks $ 176,620 -- receipt from ACH D for Storey Park rioht of way purchase 01 Fire $ 16,026 .- receipt from ACHD for Franklin Rd right of way purchase 01 Fire $ 192,646 Revenue Increase 60 PW $ 7,500 Empire Com puter litigation refund 60 PW $ 7,500 computer purchase from Empire litigation refund 01 Police $ 5,550 increase capital equipment for 2 astro radios 01 Police $ 5,550 decrease 56103 "Radios/Communication" acct for 2 astra radios 20 Police $ 5,500 DU I Grant - overtime to be reim bursed 20 Police $ 4,500 DU I Grant - Video system for patrol 20 Police $ 10,000 DUI Grant - revenue from State Highway Safety Grant TOTAL $ 215,696 $ 215,696 $0 I . current trend indicates we will collect more building permit revenue than budgeted .- need Council to clarify how Parks & Fire can spend this extra Revenue that was not budgeted 16 of 57 N o 0<"') NO ><0 r.t.N (IJ....... illrl (IJ<"') li!;~""'" i<I: ill l1) H o...s:l Cl X bl H W ::J p::: ill 0 ~ ::J H J::~ rz. 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[LI 8 [LI Z Ct} o o N 05 ..... -- c.o ( June 20,2003 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Fire Department June 24, 2003 ITEM NO. ~-B-I REQUEST Bid Award for Locust Grove Fire Station: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: , j' > r}./, tr {.J L}t~~ r ~rv or pr-rU rt~(}J r c1- p~ /' ,'1/ (L-U1;fV {1;.vJ /$ 1- q &~ ~ f5 r 1 tYl/ frv See, ft--Huch.ed ~d ([(u(ICln~ ShEre frowt.7l;-Pt Date: Phone: Contacted: Materials presented at publlc meetings shall become property of the City of Meridian. ~ \0 r"l oc 0 ,.e: ~ "d - :: ~ ;; .;: III ~ I "d ~ ~ III ,. Q 1-< ~ ~ ..... 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Frankin Road Meridian, 10 83642 208-888-1234 Fax 208-895 -0390 OR; "'~ 1r.1 TVE' D lj~~~_ _L JUN Z 4 2003 Memo To: City Of Meridian City Clerk Office Mayor Robert Corrie, Members of City Council, and City Clerk From: Chief Ken W. Bowers Date: June 24, 2003 Re: Meridian Fire Station #3 We have examined 14 bid proposals and contract documents. Based on this information Meridian Rural Fire Protection District approved Engineered Structures. Inc. (ESJ) in the amount of $741 ,96500 A ground breaking is scheduled for Monday, June 30, 2003 at 4:00 p.m. at 3545 N. Locust Grove. Construction is to begin in early July. . Page 1 Meridian Fire Department 540 E. Frankin Road Meridian, ID 83642 208-888-1234 Fax 208-895-0390 Memo RE(]EIVED JUN 2 4 2003 From: City Of Meridian City Clerk Office Mayor Robert Corrie, Members of City Council, and City Clerk Chief Ken W. Bowers To: Date: Re: June 24, 2003 Meridian Fire Station #3 We have examined 14 bid proposals and contract documents. Based on this information Meridian Rural Fire Protection District approved Engineered Structures, Inc. (ESI) in the amount of $741,965.00. A ground breaking is scheduled for Monday, June 30,2003 at 4:00 p.m. at 3545 N. Locust Grove. Construction is to begin in early July. . Page 1 June 20, 2003 MERIDIAN CITY COUNCIL MEETING June 24, 2003 APPLICANT REQUEST Water, Sewer and Trash Delinquencies: rLP ITEM NO. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS N~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVE~ _.. JUN 24 2003 DELINQUENCY FOR TURN OFF SCHEDULED FOR June 25, 2003 City of Meridian City Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, June 24, 2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counseL This service will be discontinued on June 25,2003 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $16,679.84. .t:-l. .~ /-. . ,; ( CITY OF MERIDIAN Delinquent Account List. council Page; 1 Standard Payment Customers Jun 24, 2003 02:59pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Ba lance Report Criteria: Tenninated customers not included Customer,Cust No = {<} 9900000 Last Pm! Last pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Date Amount 46.4610.1 4M / CANVEST LEASING 22.65 15.10 7,55 04/09/2003 30.20 . 4.1904.1 ABBOTT, SCOTT 220.13 151.98 68.15 OS/20/2003 70.11 - 2.1930.2 ACUNA, JULIO & 65.08 55.20 6.42 3.46 06/19/2003 50.00 . 2.2250.2 ADAMSON, DEBBY 168.80 103.02 65.78 06/17/2003 50.00 . 74.0844.1 AEROTECHINC 373.13 247.50 125.63 04/14/2003 125.63. 1.1360.1 AKERS,GENEVA 437.21 302.58 134.63 04/15/2003 136.43 - 31.3422.1 ALLEN, SEDENA 90.49 90.26 .23 06/20/2003 40,00 - 20.1510.1 ALLRED, JAY D. 95.34 92.56 2.78 05/30/2003 42,51 - 15.0110.2 ALTA 135.77 110.20 25.57 OS/20/2003 60,00 . 13.8466.2 ALTICE, PETER 135.79 91,18 44.61 04/28/2003 36.27 - 47.1158.2 ALVAREZ, ROSILO & FLORA 58.64 52.92 5.72 05/13/2003 42.46 - 10.2146.1 AMYX SIGNATURE HOMES 66.89 38.70 21.23 3.48 3.48 74.1026.1 ANDERSON,DOUGLAS 104.89 70.58 34.31 05/14/2003 36.27 - 31.3496.7 ANDERSON, WILBUR 165.29 119.02 46.27 05/15/2003 46.27 - 19.0064.2 APPEL, ROSEMARY & DAVID 110.75 77.10 33.65 OS/20/2003 58.73 - 51.1138.2 ARANA & R.C, LAND COMPANY 112.85 37.55 37.55 37.75 42.1968.2 ARMSTRONG, GARY & LAURA 153.03 125.48 27.55 06/17/2003 20.00 - 47.1148.1 ASPEN HOMES 83.54 65.02 18.52 06/13/2003 32.51 - 47.1226.1 ASPEN HOMES 64.55 37,88 19.43 7.24 03/27/2003 3.48. 37.3830.1 ASPEN HOMES 24.43 20,95 3.48 21.0066.1 ATHAY,ROBERT 147.66 120,64 27.02 05/13/2003 45.00 - 1.1040.2 AZEVEDO, JOE & HEATHER 78,80 65.02 13.78 06/09/2003 14.50 - 51.0180.1 B M C, WEST 37,69 26.38 11.31 04/22/2003 11.31 - 42.1940.1 BALL, DEANNA 107,09 101.96 5.13 05/30/2003 40.00 - 4.1620.6 BARNEY, MARY 191.54 89.28 39.73 62.53 06/0212003 100.00 - 4.1632.2 BARTUNEK,MARY 94.02 91.24 2.78 04/28/2003 34.99 - 31.3042.1 BEAN, ALAN & JENNY 173.53 120.26 53.27 05/19/2003 51.31 - 37.3628.2 BEAR CREEK LLC 71.48 41.48 30.00 06/20/2003 21.23 - 14,5010,2 BEAUCANNON, JUSTIN 89.81 87.98 1,83 OS/28/2003 50,00 - 1,0030,2 BEAUDOIN, JOHN R 90.50 40.50 23,19 26.81 06/03/2003 27.06 - 33,2316,1 BELL, LILLY 116.81 115.94 ,87 06/17/2003 47.00 - 74,3172,2 BENDER. ERIC& TREASA 97.98 93.86 4,12 04/17/2003 42,51 - 25.4050,2 BENNET. JUSTIN 128.93 84.32 44.61 04/24/2003 112.57 - 46.0836.2 BENNETT, GREG 188.96 188.38 .58 OS/27/2003 100.00 - 35.3038.2 BERNHARD,MATTHEW 88.96 67.96 21.00 05/16/2003 45.00 - 19.1364.1 BEVERLY YOUNG 109.29 88.64 20.65 06/09/2003 21.70 - 14.3004.2 BEWLEY, SANDRA & DAVID 136.87 92.56 44.31 05/14/2003 92.54 - 34.0616.3 BISHOP, DENNIS & SHARON 111.27 72.22 39.05 05/19/2003 36.27 - 21.0154.2 BITTICK, BRIAN 204.03 147,98 56.05 OS/21/2003 55.07 - 33.2528.2 BLACK, WILLIAM & CAROLYN 94.94 92,16 2.78 04/14/2003 83.82 - 25.4068.1 BLACKSTONE DEVELOPMENT L 70.67 70,58 .09 06/11/2003 31.01 . 33.2730.1 BLEAZARD,BARRETT 144.61 96.08 48.53 OS/20/2003 47.55 - 74.2332.2 BOBKO, RAYMOND 232.01 157,62 74.39 05/16/2003 76.35 - 33.4154.3 BOBKO, RAYMOND 174,81 75,80 34.47 36,27 28.27 06/23/2003 50.00 - 50.1726.2 BOESIGER. MAX 147,63 80.38 67.25 OS/20/2003 36.27 - 32.4960.1 BORCHERS, LARRY 131 .48 70.00 34.01 27.47 03/17/2003 73.74 - 35.5043.2 BORGMAN, RUSSELL 109.27 95.42 13.85 04/29/2003 60.00 - 33.2722.1 BOUK, DORIAN 86.25 57.50 28.75 04/22/2003 24.99 - 31.3022.3 BREEDLOVE, RUSSELL & MICHl 157.42 95.44 61,98 05/0212003 60.03 - 16.3306,2 BREWER, CHRIS & ELIZABETH 137.42 102.04 35,38 06/04/2003 65.00 - 19,0560,2 BRYANT, LESLIE 123.94 116.42 7.52 OS/27/2003 55.75 - ... in Msg column indicates no Notice is to be sent ~, ).0 ( CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Jun 24, 2003 02:59pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Dale Amount 33.1852.1 BUNDY, DOYLE 109.01 83,98 25.03 05/16/2003 35.00 - 19.7138.5 BURCHFIELD, DARRELL 93.90 83.16 10.74 05/14/2003 34.25. 34.0856.1 BURGESS, L1N 153.11 152.28 .83 06/09/2003 57.03. 19.6510.2 BURKETT, MARK 228,81 228.81 01/22/2003 83.14. 65.3162.3 BURNS, E. GALE & ELAINE 210,75 142.92 67,83 04/17/2003 60.00 . 74.0674.2 BUSEY, MIKE 85,96 84.96 1,00 06/03/2003 39.05 . 10,1040,2 CAMPBELL, SCOTT & AUDREY 91.15 61.42 29,73 04/28/2003 32.51 . 42,0414,2 CAPITAL CITY PROPERTY MAN 242.18 73.28 37.61 42.51 88.78 02/14/2003 38.75 - 69,1006,2 CAPITO, FRANK 129.45 71.96 35.97 21.52 03/27/2003 42.51 - 20.1634.1 CARLSON, PATRICIA 74.66 71.88 2.78 05(28/2003 28.75 - 4.2166.2 CARPENTER,SEAN 315.99 39.71 97.23 179.05 01/22/2003 143.88 . 21.2834.1 CASE, CYRUS 139,13 72.94 64.99 1.20 04/23/2003 95.00. 50.2108.1 CASELLA, GARY 61,96 34.19 27.77 OS/20/2003 28,75 . 36.1000.1 CAVEN, MIKE 111.87 73.28 38.59 04/18/2003 38.75 - 42.2582.1 CHAPMAN, LORRI 131.48 104.96 26.52 04/29/2003 34.99 - 22.0848.1 CHAPMAN, THOMAS 217.83 168.62 49.21 OS/21/2003 46.27 - 51,1168.3 CHRISTIANSON, ARTHUR & COI 45.30 15.10 7.55 7.55 15.10 20,1606,3 CHRISWELL, LEE ANNA 172.35 75.88 34.01 31.23 31.23 02/05(2003 111.51. 31,3282,2 CLAJUS, ALMA 137.98 102.62 35.36 06/06/2003 22.36 - 65.0428.4 CLAUDE, SAM & SUE 125.19 88.56 36.63 04/28/2003 45.00 - 33,2426,5 CLAY, SUSAN & STEVEN 117.18 89.78 27.40 05(2112003 35.00 - 74.2546,3 CLEMENTES, JOHN & TRACIE 215.12 215.06 .06 05/16/2003 46.21 - 21.2214.4 CLEVELAND, RICHARD & KAREl 127.15 108.10 19.05 06/16/2003 50.00 - 10.1028.2 CLYDE, TIFFANY 145.62 70.90 74.72 OS/20/2003 40.03 - 31.2268.2 COLSON,CAROL 171.67 119,68 51.99 04/17/2003 50.03 - 74.3650.2 COLSON, CHRIS 230,63 98.30 40,03 62.51 29.79 03/19/2003 100.00 - 33.2566.2 CONNELL, EDWARD 137,26 136.96 ,30 06/16/2003 64.02 . 4.1746.1 COSGROVE, AMY 146,65 108.88 37,77 04/21/2003 99.98 - 42.2358.2 CRANDALL, LARRY 127.41 51.62 75,79 6.1930.1 CUPP, SHAD & BECKY 112.92 62.18 28.15 22.59 03/18/2003 55.23 . 65.0710.1 DAVIS, BRIAN 106.94 105.96 ,98 06/10/2003 50.03 . 6.1940.2 DAVIS, MICKEY 50.77 35.70 15.07 06/23(2003 18.83 . 4.0918.2 DAVISSON, MARK 57.82 26.59 31.23 04/28/2003 31.23. 1.0930.2 DENNEN, JEVON & HEATHER 101.07 82.02 19.05 06/16/2003 50.00 - 3.0824.2 DEWITT, HALEY 65.18 61.42 3.76 06(19/2003 49.98. 34.3266.1 DIANE SCOTT 123.01 91.48 31.53 04/22/2003 32.51 - 33.2584.1 DIXON, COLETTE 151.49 100.34 51.15 04/14/2003 140.14 - 3.0720.1 DOBARAN, JOHN & ARVELLA 186.87 18.86 7.55 160.46 02/27/2003 384.76 - 33.2612.6 DONALDSON, NEAL 110.06 80.06 30.00 04/23/2003 121.54 - 14.5004.2 DUNCAN, JEFF & MONIQUE 182.4 7 36.11 73.79 72.57 01(17/2003 40.00 - 43.0402.1 ECHEVERRIA CONSTRUCTION I 63.69 46,22 17.47 05(05/2003 7.24 - 6.9030.1 EDENBROOK INC 23.04 16.08 3.48 3.48 15,0004.4 EDENBROOK, INC. 87.95 41.48 20.25 17.47 8.75 2.2734.1 EDWARDS, MICHAEL A 140.97 99.66 41.01 .30 OS/20/2003 40.00 - 22,1368,1 EGGERS, JO ANN 107.25 107.24 .01 05/09/2003 34.00 - 19,7188,2 ELLIS, SUZANNE 99.26 96.48 2.78 05/19/2003 42.51 - 2.4540.3 ELSPERMAN, DE WAYNE 92.61 68.60 24.01 05/15(2003 38,70 - 50.1240.4 ERHART, MILT 7.88 7.88 50.1354.4 ESTATE OF BESSIE MATCHAM 204.29 171.62 32.67 06/12/2003 30,00 - 5.0700.1 EVANS, ANDREW 233.56 154.92 32.37 46.27 03/12/2003 39.90 . 10.1044.1 F2F CONSTRUCTION 135.07 88.80 46.27 04/28/2003 20.72. 50.4812.2 FARROW, GREGORY & CAROL'r 121.78 70.63 48.53 2.62 05/02/2003 50.00 . 42.0466.2 FISCHER, DAVID 136.37 92.88 43.49 05/16/2003 46.27 - 74.1056.1 FISHER, BEA J. 105,19 72.54 32.65 OS/20/2003 30.00 - 16.3640.2 FITZEN, LARAE & LINDA 274,23 93.22 49,05 50.03 81.93 06/03/2003 50.00 - ... in Msg column indicates no Nolice is to be sent d,( jo.~ t ( '-. CITY OF MERIDIAN Delinquent Account Ust- council Page: 3 Standard Payment Customers Jun 24, 2003 03:00pm Current Period: 06/30/2003 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Date Amount 34.0552.1 FOSTER, BRADLEY D. 108.31 75.80 32.51 04/2212003 40.03 - 22.2624.4 FOURIE, JEROME & KATLYNE 119.10 57,18 31.53 30.39 04/22/2003 59.18 - 14.3698,2 FOX, AMANDA 79.27 78.50 .77 06/13/2003 67,00 - 4.1162.3 FRANKS, JAMES & JORITA 94.07 84.06 10.01 06/03/2003 60,00 - 8,0012.1 FREEMAN, DOUGLAS & SHIRLE 111.77 74,84 36.93 51.3078,3 FREEMAN, NICOLE 80.72 54.14 26.58 04/24/2003 56.32 - 50.3754.1 FRENCH, LAWRENCE 185.86 165.15 20.71 06/04/2003 60,00 - 1,0840.2 FRIENDS OF CHILDREN & FAMlI 99,88 47,47 17.47 34.94 1.1290.1 FUHRMAN, JAMES 116.33 80.06 36.27 04/15/2003 28.75 - 10.2168,1 G Q CONSTRUCTION 26.39 22.91 3.48 10.2118.1 G Q CONSTRUCTION 24.43 20,95 3.48 10.2122.1 G Q CONSTRUCTION 24.43 20.95 3.48 10,2166.1 G.Q CONSTRUCTION INC. 24.43 20.95 3.48 74.2710.1 GAILEY, BRON 141,77 96.48 45,29 05/16J2003 46.27 - 2,5950.3 GARDINER, DAVID 259.85 164.64 61.93 33.28 OS/21/2003 100.00 - 21.0234.3 GARRETT, DAMON 142.39 134.48 7.91 06/18/2003 50,00 - 30.6074.1 GARY DAWSON HOMES 25.41 20,95 4.46 34.2896.2 GAYTHWAITE, LARRY & TAMI 68.47 67.96 .51 OS/20/2003 32.00 - 33.2388.1 GLUCH, SCOTT 83.31 56.52 26.79 05/19/2003 53.74 - 22.0310.1 GODSIL, MICHAEL & KORRENA 123.13 85,36 37,77 OS/20/2003 34,99 - 19,1060.1 GOECKERITZ, JEREMY & REBEl 120.09 82.02 38.07 04/10J2003 40.03. 32.4824.1 GQ CONSTRUCTION 75.20 35.92 17.47 3.48 18.33 4.1146.2 GREEN LANCE & GLORIA 73,99 49.98 24.01 04/28/2003 24.99 - 51.0978.5 GRIEVE, JAMES 63,34 42.56 20,78 05/19J2003 44.50 - 50.2412.3 GRISHAM, DANIEL & JANET 77.32 44.81 32.51 05'06J2003 39,37 - 21.1734.2 GROAT, STEPHANIE 141.62 105.30 36.32 OS/20/2003 45.00 - 2.1350.1 GROSSO, BJ 71.61 56.64 20.97 04/18'2003 17.05 - 21.0462.3 GUNNARSON, HOWARD & RUn 241.19 124.07 57.85 55.07 4.20 05'29/2003 40.00 - 30.2000,1 HADDOCK, ROBERT 103.95 78.20 25.75 04'10/2003 92.39 - 21.0058,2 HALEY, STEVE & STEPHANIE 127.05 88,30 38.75 05/12/2003 45,61 - 22.0924,1 HALL. KEVIN 120.39 119,02 1.37 06/04/2003 40.00 - 32.1754.1 HALL, PATRICK 97.20 92..w 4.74 06ro3/2003 28.75 - 21.2074,3 HANFT, ROBERT 105.21 89,88 15.33 05/13/2003 67.35 - 33.4274.1 HANSEN, ERIK 186.26 80.33 51.31 54.62 02118/2003 48.00 - 74.3240.2 HANSEN, WADE 105.09 85.04 20.05 06/16/2003 20.00 - 50.1384.1 HART, DOUGLAS 71.53 50.30 21.23 04/15/2003 21.23 - 21.1776,2 HARTSOOK,HOVVARD 92.73 61,50 31.23 OS/21/2003 69.98 - 9.0058.1 HERITAGE BUILDERS 24.43 20.95 3.48 25.0032.1 HIGH DESERT 42.88 35.92 3.48 3.48 25.0012.1 HIGH DESERT 43.86 35.92 3.48 4.46 9.9014.1 HIGH DESERT CONSTRUCTION 40.11 36.63 3.48 37.3644.1 HIGH DESERT CONSTRUCTION 50.78 38.70 12.08 02110/2003 52.41 - 34,1640.3 HIGHBARGER, MICHAEL & UNO 168.73 118.70 50.03 05/19/2003 50.03 - 74.1014.3 HOLLOVVAY, JERALD K 111.75 77.44 34.31 04/18/2003 36.27 - 32.0482.1 HORTON, EVERETT 192,15 142.80 49,35 05114J2003 77.55 - 4,0810.2 HOUST, DALE & SHERRY 190.34 134.34 56.00 05/20/2003 70,00 - 2.3000.1 HOUSTON, TONY & THERESA 87,36 82.34 5.02 OS/20J2003 45.00 - 69.1276.2 HOWARD, DONALD & CAROLYN 167.40 149.38 18,02 05/30/2003 50.00 - 1,0420.1 HOWARD, TREVIS 117.66 88.72 28.94 OS/21/2003 122.00 - 31.3004,1 HOWELL, JOYCE 113.40 112.42 .98 04/2212003 47.55 - 74.2582.1 HUDJGOLDENFEATHER REAL T\ 167.54 97,72 34.83 34,99 03/17/2003 106.48 - 2.5130.1 HUDJGOLDENFEATHER REAln 127.61 23.79 103.82 0211212003 42.51 - 50.0554.2 HUD/GOLDENFEA THER REAL n 148.43 148.43 06/26/2002 65.00 - 34.1764,2 HUDJGOLDENFEA THER REAL n 28.75 28,75 12101/2002 28.75 - 21.1960.1 HUMPHREYS, LARRY 177.15 97.78 79.37 04/23/2003 113.77 - ... in Msg column Indicates no Notice is \0 be sent 0-". I. CITY OF MERIDIAN Delinquent Account List. cou ncil Page: 4 Standard Payment Customers Jun 24, 2003 03:01 pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Date Amount 4.1630.2 HUMPHRY, KELLY & TAJ 114.06 107.26 6.80 05/19/2003 54.00 - 51.0510.4 HUNT, WESLEY 68.79 66.98 1.81 05/06/2003 60.00 - 48.2840.1 IDA-TRAN 951 .72 15.10 284.31 652.31 02/12/2003 2,847.52 - 2,5820.1 JACKSON,ROBERT 100.52 98.94 1.58 06/09/2003 30.00 . 50.4506.1 JACOBSON, BETTY B. 39.18 37.29 1.89 05/30/2003 44.33 - 19,1630.2 JENKINS, LEROY 100.48 68,94 31.53 .01 04/22/2003 61.25 - 51 .0302.7 JEPSON, MIKE & JAMIE 118.61 82,34 36.27 05/08/2003 '36.27 - 14.5043,2 JESTTES, JESSE 121.29 79.24 42.05 05/19/2003 48.75 - 9.9074,1 JOHN FLAHERTY CONSTRUCTIf 25.41 21.93 3.48 20.0430,1 JOHN J VNUK 69.26 42.46 20.25 6.55 06/13/2003 20.25 - 88.0028.1 JOHNS PLUMBING & HEATING 624,78 338.35 286.43 05/14/2003 368.51 - 74.3642.2 JOHNSON, KEVIN 94.47 93.54 .93 05/13/2003 88.00. 42.3060.1 JOHNSON, MATHEW 263,33 195,56 67.77 OS/21/2003 33,72 - 37.2946.1 JOHNSON, ROBERT & MICHELL 28,35 24.87 3.48 19,0098.1 JOHNSON, SAMUEL 146,19 98.12 48.07 04/29/2003 50.03 - 69,0310.1 JOHNSTON, DENISE 112,13 95.42 16.71 05/06/2003 70.57 - 14,5008.2 JONES, KARLA 118.32 88.32 30.00 04/29/2003 66.22 - 22,1340.2 JONES, STEPHEN & CONNIE 170.63 102,94 67.69 04/23/2003 103.00 - 46,0802.4 JUDY, VICTOR 168.33 95.82 72.51 OS/21/2003 41.77 - 46,0840.4 JUDY, VICTOR 84.39 55.94 28.45 04/15/2003 81.66 - 68,0224,1 KAVlLA, JOSEPH 82.26 77.52 4.74 05/16/2003 34.99 - 21.1826,1 KEITHLEY, ROBERT 153.13 115.36 37.77 OS/2112003 72.51 - 22.2380,2 KELLEY, JAMISON & SHANNON 127.55 85.04 42.51 05/1912003 34.99 - 31.1270,2 KLINT, CARL 326.27 113.82 42.87 65.39 104.19 02/1812003 110.00 - 74.0342,3 KNOWLTON, KIMBERLY 129.50 95.82 33,68 01/28/2003 38.75 - 19.6642.1 KRENZ,ROY 144.31 75.56 68.75 OS/22/2003 65.98 - 74.0426.1 LACY, GLORIA 158.81 108.16 '50.65 04/15/2003 81.31 - 3.0654.1 LAMBERT, KENNETH 258.20 92.16 31.07 64.99 69.98 02/13/2003 31.23 - 21.1940.3 LANCE, EDWARD & DELQY 191.15 143.44 47.71 03/06/2003 43.79 - 50.0600.2 LAYTON, JONATHON & FELICIT 117.52 89.52 28.00 05/19/2003 40.28 - 34.2852.1 LEAVELL, SUZANNE 176.05 111.74 64.31 04/23/2003 65.02 - 34.0252.2 LINDSAY, CATHERINE 61.73 41.48 20.25 04/17/2003 34.94 - 2.4090.2 LJ PROPERTIES LLC 43.25 29,16 14.09 04/16/2003 26.38 - 22.1726.2 LLOYD, GEORGE E 50.99 49,98 1.01 06/24/2003 23.00 - 4.1648.1 LONG, RAYME 156.13 114.44 41.69 03/18/2003 88.78 - 51.3086.6 LOVITT, MICHAEL 137.70 71.80 65,90 04/25/2003 66.02 - 20.1776.1 LOWER, INEZ 82.03 62.20 19,83 03/27/2003 37.86 - 6.1492.2 LOWRY, ROBERT & DEBI 174.87 136,64 38.23 OS/21/2003 50.00 - 74.3504.1 MADDOX, DALLAS 128.91 90.84 38.07 05/15/2003 36.27 - 2.4480.1 MADRID, JOSEPH F 136.37 95.82 40.55 04/18/2003 34.99 - 6,9858,2 MAl, CURTIS 62.07 36.68 18.83 6.56 03/26/2003 30.00 - 19.6602.2 MAN EEL Y, LARRY 75.07 51.36 23.71 04/15/2003 23,71 - 21.1760.1 MARKLE, JAMES 108.42 34.15 54.99 19.28 02/13/2003 47.55 - 74.0394,1 MARKS, CARMEN 44.12 9.30 34.31 .51 04/07/2003 32.00 - 35.1170,2 MARTINEZ, LUIS & VERONICA 90.05 87.00 3.05 06/09/2003 42,51 - 64.0020,2 MARTINEZ, RON 98.02 66.98 31.04 OS/20/2003 33,00 - 6.9236,1 MASSEY, WADE 21.37 17.89 3.48 51.0514.1 MATHEWS, DONNA 80.85 56.84 24.01 05/1412003 46,22 - 51.4040,1 MATLOCK, JAMES 72.73 48.16 23.59 .98 0510712003 23,59 - 6.9012.1 MATRIX HOMES 25.29 20.83 4.46 34.1968.2 MATTHEWS, DAVID & MICHELLE 111,71 75.48 36.23 OS/20/2003 36.00 - 22.1068.2 MAUPIN, SHELLY D 125.45 94,74 30.71 04/14/2003 57.50 - 50.4821.1 MAWS #3 - SPRINLKER 3.48 3.48 12/27/2002 20.64 - 33.2266.1 MCBRIDE, KEVIN 65.32 6.42 58.90 06/09/2003 25.00 - 69.2258.4 MCCANDLESS, DOUG 121 .57 98,10 23.47 06/09/2003 30.00 - ... in Msg column indicates no Notice is to be sent , , . ( CITY OF MERIDIAN Delinquent Account List. council Page; 5 Standard Payment Customers Jun 24, 2003 03;01pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/2812003 Date Amount 74,2826.2 MCCASHLAND. DAVID 116.14 116.08 .06 06/04/2003 47,25 - 2,0450.2 MCCLURE, BRENT 179.59 108.88 70.71 04/23/2003 61,23 - 21,1570.2 MCGAHEY, DAN 84.24 84,06 .18 05/14/2003 41,35 . 51.3246.1 MCKAGUE, RICK 118,23 101,06 17.17 06/19/2003 50.00 . 33.2556.1 MCLEAN, BRANDON 94.15 89,54 4.61 06/04/2003 53.00 - 2.3892.1 MCNALLEY, RUSSELL 82,91 56,26 26.65 04/18/2003 31.23 - 35.0408.2 MENDIOLA, GREG & CYNTHIA 93.30 74.50 18.80 05/22/2003 36.27 - 31.3304.2 MERCER, APRIL 153.63 43.79 109,84 02/11/2003 71.00 - 31.0494,2 MESZAROS, LILLI 182.07 130.08 51.99 05/21/2003 45.30 - 50.3756.1 MICHALSCHECK, DEAN 169.18 98.09 71.09 OS/20/2003 66.35 - 33.0056.1 MIKE CARDINAL 579.16 579.16 10/24/2001 322.22 - 20,1698,1 MILLER & ASSOC 199.44 112.40 39.05 47.99 06/05/2003 25.00 . 74,3108.3 MOGFORD, DWIGHT 244.15 166.36 77.79 05/20/2003 70.11 . 4.0538.1 MONSON, THOMAS 179.47 138.60 40.87 04/23/2003 96.22 - 6.1918.2 MOORE, KENNETH & CHRISTIE 130,39 130.39 08/27/2002 27.00. 4.1634.1 MOORE, RUSSELL C 80,85 56.84 24.01 04/14/2003 67.23 - 31,3524.2 MORGAN, DAVID & LEAH 136,80 91,18 45.59 .03 05/19/2003 40.00 - 3,0889.1 MORNING GLORY #2 HOA 10.44 10.44 2.5630.2 MORRISON, DWAYNE 174,51 124.18 50.33 04/23/2003 51.31 - 1 .0762.1 MORTENSEN, KENT 90,33 67,74 22.59 34.0920.3 MUIR, GRACE & RONALD 131,85 92.80 39.05 04/22/2003 40.03 - 88.0018,1 MUNICIPAL SERVICES 292.03 199.87 92.16 05/20/2003 34.84 - 46.0570.3 NEIL, STEVE 94.69 63.46 31.23 04/30/2003 27.47 - 65.0450.1 NELSON, MARILYN 96.18 69.60 26.58 05/19/2003 60.00 . 88.0041.1 NIGHTHAWK DESIGN CONSULT 509.88 390.28 119.60 51.0936,2 NUTTAl. KYE & SUZANNA 90.27 60.84 29.43 04/22/2003 86,17 - 2.5370.1 ODOM, SHERRY 97.51 71.54 25.97 04/14/2003 46.76 - 4.1598.1 OGAN, JOHN & DAWN 119.55 90.58 28.97 05/22/2003 35.00 - 32.4954,1 ONEIL HOMES 155.66 60.84 94.82 06/23/2003 35.00 - 2.2748,4 PACK, PAUL 257.66 138.52 61.61 57.53 04/22/2003 60.00 - 69.0466,1 PAGE, CHARLES & LORIE ANN 187.39 187.02 .37 06/13/2003 75.00 - 34.2728.3 PALMER. TROY & TAWNEE 111.73 108.82 2.91 06/02/2003 70.00 - 9,9012.1 PATRIOT PROPERTIES LlC 45.82 36.90 5.44 3.48 2.2490.2 PATTERSON, DEENA L 83.16 79.40 3.76 06/23/2003 31.26 - 37.3852.2 PEARSON, KEVIN 76.46 75.48 ,98 06/20/2003 36.27 - 65.0346.3 PEDERSEN, DOUGLAS & KATHF 76.30 73.52 2,78 05/05/2003 65.02 - 51.0746.6 PERKINS, CHARLES 106.55 58.48 29,73 18,34 04/14/2003 30,00 - 35,0101.2 PETRAIN, JAMES 175,39 28.59 60.55 28,75 57.50 02/12/2003 32.45 - 32,0690.2 PETTERSON. KENNETH 129.42 85.30 44.12 05/16/2003 80.00 - 31,0156.3 PETTINGill, LEWIS 140,65 83.98 42.97 13.70 04/18/2003 65.00. 42,1842.1 PHILLIPS, ANIKA 82,24 65.02 17.22 05/16/2003 50.00. 15,0036.2 PIERCE, CHUCK SR. & MARY 130,54 129.58 .96 06/16/2003 66.75 - 36,1020.1 PIERCE, ROBERT 73,01 49.00 24.01 04/15/2003 24.99 - 2.3340.1 POE, RICHARD 173,87 151.94 21.93 05/15/2003 85.00 - 34.3262.2 PORTLOCK, JEFFREY 109,27 83.30 25.97 04/22/2003 47.69. 46.0250.3 POTTER. GWENDOLYN C/O 171,19 67.96 36.43 40.03 26.77 02/19/2003 49.98 . 50.2402.1 POWELL, RANDY 137.80 77.01 60.79 05/19/2003 58.83 - 32.4934.1 PRESTIGE HOMES 80.60 34.94 17.4 7 17.47 10.72 10.0068.2 PRIESS, JENNIFER 100.14 100.08 .06 06/17/2003 49.05. 21.1828,2 PRINTZ, DENIA 95.75 95.50 .25 06/20/2003 47.00 - 42.2112,2 PROUTY, CLAYTON 181.24 152.74 28.50 04/14/2003 29.00 - 4.2248,2 PUCKETT, RUSSEll 207.72 154.96 52.76 05/15/2003 50.00 - 42.2144,2 PURSIFUL, BRIAN & HEIDE 124.74 120.98 3.76 06/03/2003 48.23 - 1.0100,2 PYLlCAN, WOODROW A. 255.40 92.74 31.37 54.99 76.30 02/18/2003 45.26 - 36.1084.1 RANGER R INC 26.39 22.91 3.48 ... in Msg column indicates no Notice is to be sent (~ }~...~ '\ CITY OF MERIDIAN Delinquent Account List. council Page: 6 Standard Payment Customers Jun 24, 2003 03:02pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Las! Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02128/2003 Date Amount 2.5670.1 RANSOM. JAMES R. 118.44 80.06 38,07 .31 05/19/2003 32.51 - 16,3001.1 RATCLIFFE INVESTMENTS 20.88 20.88 31.3454.2 RElMAX OF BOISE .77 .77 06/19/2003 211,00 - 33,2374.3 REBOLLOZO, JOSE & DALILA 114.21 93.46 20.75 06/09/2003 25,00 - 31,0840.1 REED. CAROLYN 91.15 62.40 28,75 04/28/2003 24,99 - 21,2918,1 REYES. KAREN 172.25 99.74 72.51 04/23/2003 115,02 - 22,0880,1 RIETH. KEVIN F. 159.05 134.06 24.99 04/2212003 100,00 - 1.4100,5 RINCOVER, LAWRENCE 114.66 91,50 23.16 05/19/2003 100.00 - 22.2072,2 ROBERTS, CA THERIN 17.75 17.75 11/2112002 53.25 - 1.2060,3 ROBIN RICE TRUST 138.80 66,93 36.93 17.47 17.47 51.0866,1 ROHRBACH,CHERYL 88.58 80,38 8.20 05/14/2003 30.00 - 74.2764.1 ROPP. BRYAN K. 112.75 112.74 .01 05/30/2003 46.56 - 34.1946.4 ROSIN, DOUGLAS & KIMBERLY 154.22 90.18 35.29 28.75 04/21/2003 65.02 - 1.3270.2 SAMS, DOUG 282.76 282.52 .24 05/08/2003 247.00 - 88.0035.1 SCARISBRICK DENTAL LAB 25,00 25.00 32.1642.1 SCHMIT, JAMES 83.09 82.02 1.07 05/19/2003 80.00 - 21.1870.1 SCHOPPELREY, DOUGLAS & CI 126.04 120.98 5.06 06/13/2003 46,27 - 51,3720.2 SCHOW, BART & ALISSA 138.23 98.36 39.87 37,3846.1 SCHROEDER ENT INC 45,82 35.92 5.44 4.46 32,0622.4 SCHUSTER, BILL & LESLIE 139,39 92.88 42.51 4.00 06/09/2003 68,00 - 3.0677.1 SECO ASSOCIATES INC 18,82 18.82 09/18/2002 14,12 - 2,2360,2 SEINKNECHT, DAVID 129.01 64.70 64.31 04/28/2003 76,30 - 35.2392,2 SEMMER, CHAD & MARY 81.36 81.04 .32 04/30/2003 75,00 - 30.6114,1 SHADOW MOUNTAIN HOMES 25.41 21.93 3.48 30.6118,1 SHADOW MOUNTAIN HOMES 27.37 21.93 5.44 30.6096.1 SHADOW MOUNTAIN HOMES 25.41 21.93 3.48 74.0322.2 SHELDON, PAM 95.81 92.80 3.01 06/1212003 38.00 -' 74.3960.1 SHERARD, BILL 145.21 96.16 49.05 05/19/2003 80.12 - 50.0292.1 SHOEMAKER. TAMI 131.70 90.52 41.18 06/10/2003 75,00 . 2.2500.1 SILVA, JOSEPH 180.39 175.20 5.19 05/13/2003 70,00 . 34.0528,2 SILVA, STEVEN 128.51 93.52 34.99 05/29/2003 28,00 - 22.1504.1 SIMPSON, RANDY 141.27 98.76 42.51 05/16/2003 38,75 - 21.2836.2 SINGLETON, RODNEY 224.16 139.64 84.52 05/21/2003 41 .00 - 34.0822.1 SITZLAR, RON & GAY 84.19 81.68 2.51 05/05/2003 30.00 - 74.1114.2 SLYTER, GORDON 113.40 92.16 21.24 06/0212003 20.00 - 31.0134.1 SMITH, MICHELLE 79.08 78.10 .98 04/30/2003 80.06 - 33.2646.1 SONDERMAN, MARTIN 130.39 86.60 43.79 04/08/2003 83.23 - 2.0180.2 SPANGLER, STEVE 98.98 49.00 24.99 24.99 03/12/2003 45,97 - 32.1686.3 ST GEORGE, JASON 122.52 64.04 33.49 24.99 03/26/2003 96.30 - 2.1160.1 STATES, DION 85.43 61.42 24.Q1 04/21/2003 32.51 - 21,0012.1 STEIDER, CHRIS 141.29 113.48 27.81 06/23/2003 25.00 - 31,0496.1 STERTZ. SUSAN 143,68 99.34 43.79 .55 05/15/2003 47.00 - 32,0824.4 STEVENS, LARRY 123,17 122.94 .23 06/20/2003 113.00 - 74,3470.2 STOCKTON, JASON 104.49 71.30 33.19 05/05/2003 34.99 - 1,2320.1 SUMMERS, STACEY 89,33 89.28 .05 05/28/2003 38.75 - 19,0224.6 SWANSON, WAYNE 231 ,30 119.96 53.79 57.55 04104/2003 87.55 - 51.0906.1 TAGGART. RETA 98,01 69.26 28.75 04/28/2003 28.75 - 74.2698.2 TAYLOR, DARRELL 87,23 58.48 28.75 05/0212003 32.51 - 1 .3250.1 TAYLOR, DENNIS F 119.33 77.92 41.41 04{04/2003 67.94 - 20.1964,2 TECO INVESTMENTS 129.39 92.14 37.25 06{16/2003 30.00 - 2.1190,1 TERRELL, A 100.97 66.66 34.31 04/2212003 49.98 - 4.1290,2 TERRY, MATTHEW 92.63 61.10 31.53 04/22/2003 28.75 - 4.1400,1 THIES, GREGORY 81.42 81.42 12103/2002 59.17 - 51.1172.2 THOMASIANDERSON PARTNER 118.65 89,10 29.55 06/0212003 30.00 - 7.0776.2 THOMASON. JEFFRERY 117.74 112.18 5.56 05/30/2003 50.03 - '" in Msg column indicates no Notice is to be sent ~~7 , ( , CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Jun 24, 2003 03:03pm Current period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Date Amount 6.1368.1 THOMPSON HOMES 18.86 15.10 3,76 06/13/2003 7.55- 32.1558.4 THOMPSON. GARY 101.97 101.64 .33 06/20/2003 50.00 - 19.0538.1 TIETJEN, JILL 34.23 26.83 7.40 2.4062.4 TIMBERLINE INVESTMENTS 260.11 104.26 39,57 42.51 73.77 03/19/2003 40.00 - 9.9068,1 TODD CAMPBELL 27.37 21.93 5.44 2.2200,3 TODD. RICK 94.59 63.06 31.53 OS/20/2003 57.50 - 42.1216,1 TOROK. ZSOL T 88.97 62.48 26.49 04/2212003 62.46 - 6.9244.1 TOWN & COUNTRY 36.07 30.63 5.44 22.0990.3 TOWNSEND, BRYANT & TANISH 116.13 88.20 27.93 OS/20/2003 49,96 - 2.2230.2 TUDEHOPE, HEATHER 112.23 80.70 31.53 05/15/2003 57,50 - 25.4026.1 TUSCANY HOMES 109.48 109.48 2.4840.4 VALESKO, DONALD 92.26 91.58 .68 06/11/2003 40.00 - 20,3218.1 VALLI BUILDERS 112.57 80.06 32.51 05/1212003 36.27 - 57,0120.1 VAN HEES 488.05 329,32 158.73 04/15/2003 151.21 - 32,0656.3 VICTORY. MICHAEL & YUNSUK 116.65 79.40 37.25 04/16/2003 36.27 - 21,0080.1 VINCENT, SPARKY 372.49 161,38 101.71 109.40 05/19/2003 75.00 - 50,3742.2 VNUK, JOHN 155.94 132,05 23.89 06/17/2003 40.00 - 74,2690,3 VUITTONET, JUAN 148.66 100.40 48,26 05/19/2003 50.00 - 35.5017,2 WAGEMAN, CLINT 133.18 91,82 40.03 1.33 OS/28/2003 65.03 - 1.3340,1 WALSH, RON 136.52 136.52 01/16/2002 29.17 - 21.2240,1 WARD, MIKE 196.21 132.12 64.09 05/19/2003 61.31 - 50.0074,1 WARD, TYLER & VOANNA 88.30 83.40 4.90 05/13/2003 73.74 - 32.0444,1 WARNER, MICHAEL & CYNTHIA 148.55 148.36 .19 05/13/2003 6.00 - 51.3198,3 WEAST, WESLEY 121 .40 92.48 28.92 05/15/2003 50.00 - 21.2192,3 WEBER, THOMAS 181.99 120.68 61.31 04/0712003 118.86- 43.0396.3 WELCH, ROBERT & TIFFANY 132.94 121.66 11.28 06/1212003 61.31 - 65.3116.1 WELLS, DARIN 56.52 55.54 .98 06/1812003 27.77- 20.3210.1 WENICK, ALLISON 127.53 66.00 61.53 04/2412003 61.26 - 1.1110.2 WEST, JONI 88.72 86.92 1.80 06/10/2003 36.27 - 1.1010.5 WEST, JONI & BERT 109.32 99.02 10.30 06/10/2003 32.51 - 22.0474.1 WEST, ROBERT A 144.36 140.60 3.76 06/10/2003 53.79 - 31.0010.3 WEST, TOBERT & JONI 95.04 87.52 7.52 05/16/2003 37.39 - 31.3322.1 WESTON, DECKER 199.53 110.14 88.99 .40 04123/2003 106.05 - 9.0196.1 WESTROCK HOMES 24.43 20.95 3.48 74.3204.1 WHITE, TAWNYA 83.41 55.94 27.47 05120/2003 27.47 - 21.1590.1 WHITTEN, DAVID 139.24 113.78 25.46 05/27/2003 30.00 - 69.1094.1 WILLIAMS, TERRY & MERRIANN 120.78 120,68 .10 05/1212003 58,27 - 32,1638.2 WILOTH, MARK 81.45 54,96 26.49 04/04/2003 51.18 - 34,1954.1 WINGATE, DIANE 123.26 88,38 34.88 05/16/2003 60,00 - 47,1204.2 WIXSON, RYAN 131.95 91,24 40.71 05/15/2003 42,51 - 13,8540,2 WOLF. ERIC & KIMBERLY 128.53 87,98 40.55 04/08/2003 42,51 - 22,2372.2 WONACOTT, ANDREW & BRAN[ 109.00 106,54 2.46 05/19/2003 100,00 - 74,0338.1 YEAGER, RODERICK S. 88.17 87,22 .95 05/16/2003 26,00 - 74.3348,6 YEATTS, PAMELA 337,02 337.02 11/20/2002 43.67 - 25.1090,2 YOUNG, ANGELA 127,53 87,66 39.87 2.0670,1 YOUNG, AUSTIN L 107.78 52.18 55.60 04/24/2003 55.04 - 2.0680,1 YOUNG, AUSTIN L 104,16 103.18 .98 06/18/2003 49.14 - 4.1850,1 YOUNG, VERNON & JANICE 206,97 150.40 56.57 04/28/2003 50.03 - 22.1130,1 ZARAK, LEE & JENNIFER 167,21 133.04 34.17 04/2112003 53,79 - 50.3784,1 ZAVALA, JOSE 54.10 46.61 7.49 OS/27/2003 90.00 - Grand Totals: 47,824.97 31,145.13 10,779.12 2,679.60 3,221.12 ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Standard Payment Customers Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Page: 8 Jun 24, 2003 03:03pm Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02128/2003 Last Pmt Date Last Pmt Amount Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 ... in Msg column indicates no Notice is to be sent RECEIVED,. DELINQUENCY FOR TURN OFF SCHEDULED FOR June 25, 2003 i Hi ? I, t} ~ "; j;~ 'i" City of Meridian City Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, June 24, 2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on June 25, 2003 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? eN 0 response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $16,679.84. " ( <:ITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Jun 24, 2003 02:59pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No'" {<} 9900000 Last Pm! Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02128/2003 Date Amount 46.4610.1 4M / CANVEST LEASING 22.65 15.10 7.55 04/09/2003 30.20 - 4,1904.1 ABBOTT, SCOTT 220.13 151.98 68.15 OS/20/2003 70.11 - 2,1930.2 ACUNA, JULIO & 65.08 55.20 6.42 3.46 06/19/2003 50.00 - 2.2250.2 ADAMSON, DEBBY 168,80 103.02 65.78 06/17/2003 50.00 - 74,0844.1 AEROTECHINC 373,13 247,50 125.63 04/14/2003 125.63 - 1,1360,1 AKERS,GENEVA 437.21 302,58 134.63 04(15/2003 136.43 - 31,3422,1 ALLEN,SEDENA 90.49 90,26 .23 06(20/2003 40.00. 20.1510,1 ALLRED, JAY D. 95.34 92.56 2.78 05/30/2003 42.51 - 15.0110.2 ALTA 135.77 110.20 25.57 OS/20/2003 60.00 - 13.8466.2 ALTICE, PETER 135.79 91.18 44.61 04/28/2003 36.27 - 47.1158.2 ALVAREZ, ROSILO & FLORA 58.64 52.92 5.72 05/13/2003 42.46 - 10.2146.1 AMYX SIGNATURE HOMES 66.89 38.70 21.23 3.48 3.48 74.1026.1 ANDERSON,DOUGLAS 104,89 70.58 34.31 05/14/2003 36.27 - 31.3496.7 ANDERSON, WILBUR 165.29 119.02 46.27 05/15/2003 46.27 - 19.0084.2 APPEL, ROSEMARY & DAVID 110,75 77.10 33.65 OS/20/2003 58.73 - 51.1138.2 ARANA & R.C. LAND COMPANY 112,85 37.55 37.55 37.75 42.1988.2 ARMSTRONG, GARY & LAURA 153,03 125.48 27.55 06/17/2003 20.00- 47.1148.1 ASPEN HOMES 83,54 65.02 18.52 06/13/2003 32.51 - 47.1226.1 ASPEN HOMES 64,55 37.88 19.43 7.24 03/27/2003 3.48- 37.3830.1 ASPEN HOMES 24.43 20.95 3.48 21.0066.1 ATHAY,ROBERT 147.66 120.64 27.02 05/13/2003 45,00 - 1.1040.2 AZEVEDO, JOE & HEATHER 78.80 65,02 13.78 06/09/2003 14,50 - 51.0180.1 B M C, WEST 37.69 26.38 11.31 04/22/2003 11,31 - 42.1940.1 BALL, DEANNA 107.09 101.96 5.13 05/30/2003 40,00 - 4,1620.6 BARNEY,MARY 191 .54 89,28 39.73 62.53 06102/2003 100.00 - 4,1632.2 BARTUNEK, MARY 94.02 91,24 2.78 04/28(2003 34.99 - 31,3042.1 BEAN, ALAN & JENNY 173.53 120,26 53.27 05/19/2003 51.31 - 37.3628,2 BEAR CREEK LLC 71.48 41.48 30.00 06(20/2003 21,23 - 14.5010.2 BEAUCANNON, JUSTIN 89.81 87.98 1.83 05(28/2003 50,00 - 1.0030.2 BEAUDOIN, JOHN R 90.50 40,50 23.19 26.81 06103/2003 27,06 - 33.2316.1 BELL, LILLY 116.81 115.94 .87 06/17/2003 47,00 - 74.3172.2 BENDER, ERIC& TREASA 97.98 93.86 4,12 04/17/2003 42.51 - 25.4050.2 BENNET, JUSTIN 128.93 84.32 44,61 04/24/2003 112.57 - 46.0836,2 BENNETT, GREG 188.96 188.38 .58 OS/27/2003 100.00 - 35.3038,2 BERNHARD,MATTHEW 88.96 67.96 21.00 05/16/2003 45.00 - 19.1384,1 BEVERLY YOUNG 109.29 88.64 20.65 06/09/2003 21.70 - 14.3004,2 BEWLEY, SANDRA & DAVID 136.87 92.56 44.31 05/14/2003 92.54 - 34.0616,3 BISHOP, DENNIS & SHARON 111.27 72.22 39.05 05/19/2003 36.27 - 21.0154.2 BITTICK, BRIAN 204.03 147.98 56.05 OS/21/2003 55.07 . 33.2528.2 BLACK, WILLIAM & CAROLYN 94,94 92.16 2.78 04/14/2003 63.82 - 25.4068.1 BLACKSTONE DEVELOPMENT L 70.67 70.58 .09 06/11/2003 31.01 - 33.2730.1 BLEAZARD,BARRETT 144,61 96.08 48.53 OS/20/2003 47.55 - 74.2332.2 BOBKO, RAYMOND 232,01 157.62 74.39 05/16/2003 76.35 - 33.4154.3 BOBKO, RAYMOND 174.81 75.80 34.47 36.27 28.27 06/23/2003 50.00 - 50.1726.2 BOESIGER, MAX 147.63 80.38 67.25 OS/20/2003 36.27 - 32.4960.1 BORCHERS, LARRY 131 .48 70.00 34.01 27.47 03/17/2003 73.74 - 35.5043.2 BORGMAN, RUSSELL 109,27 95.42 13.85 04/29/2003 60.00 - 33.2722.1 BOUK. DORIAN 86,25 57.50 28.75 04/22/2003 24.99 - 31.3022.3 BREEDLOVE, RUSSELL & MICHl 157.42 95.44 61.98 05/02/2003 60.03 - 16.3306.2 BREWER, CHRIS & ELIZABETH 137.42 102,04 35.38 06/04/2003 65.00 - 19.0560.2 BRYANT, LESLIE 123.94 116.42 7.52 OS/27/2003 55.75 - ... in Msg column indicates no Notice is to be sent ( /n__' 91TY OF MERIDIAN Delinquent Account List- council Page; 2 Standard Payment Customers Jun 24, 2003 02:59pm Current Period: 06/30/2003 No Delinquent Minimu m Amou ntDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Date Amount 33.1 852. 1 BUNDY, DOYLE 109.01 83.98 25.03 05/16/2003 35.00 - 19.7138.5 BURCHFIELD, DARRELL 93.90 83.16 10.74 05/14/2003 34.25 - 34.0856.1 BURGESS, LIN 153.11 152.28 .83 06/09/2003 57.03 - 19.6510.2 BURKETT,MARK 228.81 228.81 01/22/2003 83.14 - 65.3162.3 BURNS, E. GALE & ELAINE 210.75 142.92 67.83 04/17/2003 60.00 - 74.0674.2 BUSEY, MIKE 85.96 84.96 1.00 06/03/2003 39.05 - 10.1040.2 CAMPBELL, SCOTT & AUDREY 91,15 61.42 29.73 04/28/2003 32.51 - 42.0414.2 CAPITAL CITY PROPERTY MAN 242.18 73.28 37.61 42.51 88,78 02/14/2003 38.75 - 69.1006.2 CAPITO, FRANK 129.45 71.96 35.97 21.52 03/27/2003 42.51 - 20.1634.1 CARLSON, PATRICIA 74,66 71.88 2.78 OS/28/2003 28.75 . 4.2166.2 CARPENTER,SEAN 315.99 39.71 97.23 179.05 01/2212003 143.88 - 21.2834.1 CASE,CYRUS 139.13 72,94 64.99 1.20 04/23/2003 95.00 - 50,2108.1 CASELLA, GARY 61.96 34,19 27.77 05/20/2003 28.75 - 36.1000.1 CAVEN, MIKE 111.87 73.28 38,59 04/18/2003 38.75 - 42.2582.1 CHAPMAN, LORRI 131.48 104.96 26,52 04/29/2003 34.99 . 22.0848.1 CHAPMAN, THOMAS 217.83 168.62 49,21 OS/21/2003 46.27 . 51.1168.3 CHRISTIANSON, ARTHUR & COI 45.30 15.10 7,55 7,55 15.10 20.1606.3 CHRISWELL, LEE ANNA 172.35 75.88 34.01 31,23 31.23 02/05/2003 111.51. 31.3282.2 CLAJUS, ALMA 137.98 102.62 35,36 06/06/2003 22.36 - 65.0428.4 CLAUDE, SAM & SUE 125.19 88.56 36.63 04/28/2003 45.00 - 33.2426.5 CLAY, SUSAN & STEVEN 117.18 89.78 27.40 OS/2112003 35.00. 74.2546.3 CLEMENTES, JOHN & TRACIE 215.12 215.06 ,06 05/16/2003 46.21 - 21.2214.4 CLEVElAND, RICHARD & KAREl 127.15 108.10 19.05 06/16/2003 50.00 - 10.1028.2 CLYDE, TIFFANY 145.62 70.90 74,72 05/20/2003 40.03 - 31.2268.2 COLSON, CAROL 171.67 119.68 51.99 04/17/2003 50.03 - 74.3650.2 COLSON, CHRIS 230,63 98.30 40.03 62.51 29.79 03/19/2003 100.00 - 33.2566.2 CONNELL, EDWARD 137,26 136.96 .30 06/16/2003 64.02 - 4.1746.1 COSGROVE, AMY 146,65 108.88 37.77 04/21/2003 99.98 - 42.2358.2 CRANDALL, lARRY 127,41 51.62 75.79 6.1930.1 CUPP, SHAD & BECKY 112,92 62.18 28.15 22.59 03/18/2003 55.23 - 65.0710.1 DAVIS, BRIAN 106.94 105,96 .98 06/10/2003 50.03 - 6.1940.2 DAVIS, MICKEY 50.77 35,70 15.07 06/23/2003 18.83 - 4.0918.2 DAVISSON, MARK 57.82 26,59 31.23 04/28/2003 31.23 - 1.0930.2 DENNEN, JEVON & HEATHER 101.07 82,02 19.05 06/16/2003 50.00 - 3.0824.2 DEWITT, HALEY 65.18 61,42 3.76 06/19/2003 49.98 - 34.3266.1 DIANE SCOTT 123.01 91.48 31.53 04/22/2003 32.51 - 33.2584.1 DIXON, COLETTE 151.49 100,34 51.15 04/14/2003 140.14. 3.0720.1 DOBARAN, JOHN & ARVELlA 186.87 18.86 7.55 160.46 02/27/2003 384.76 . 33.2612.6 DONALDSON, NEAL 110.06 80.06 30.00 04/23/2003 121,54. 14.5004.2 DUNCAN, JEFF & MONIQUE 182.47 36.11 73.79 72.57 01/17/2003 40.00 - 43.0402.1 ECHEVERRIA CONSTRUCTION I 63.69 46.22 17.47 05/05/2003 7.24 - 6.9030.1 EDENBROOK INC 23.04 16.08 3.48 3.48 15.0004.4 EDEN8ROOK, INC, 87.95 41.48 20.25 17.47 8.75 2.2734.1 EDWARDS, MICHAEL A 140.97 99.66 41,01 .30 05/20/2003 40.00 - 22.1368.1 EGGERS, JO ANN 107.25 107.24 ,01 05109/2003 34.00 - 19.7188.2 ELLIS, SUZANNE 99.26 96.48 2,78 05/19/2003 42,51 - 2.4540.3 ELSPERMAN, DE WAYNE 92.61 68.60 24,01 05/15/2003 38,70 - 50.1240.4 ERHART, MILT 7.88 7.88 50.1354.4 ESTATE OF BESSIE MATCHAM 204.29 171.62 32,67 06/12/2003 30,00 - 5.0700.1 EVANS. ANDREW 233,56 154.92 32.37 46,27 03/12/2003 39.90 - 10.1044.1 F2F CONSTRUCTION 135.07 88.80 46.27 04/28/2003 20.72 - 50.4812.2 FARROW, GREGORY & CAROL'! 121,78 70.63 48,53 2,62 05/02/2003 50.00 - 42.0466.2 FISCHER, DAVID 136,37 92.88 43.49 05/16/2003 46.27 - 74.1056.1 FISHER, BEA J. 105,19 72.54 32.65 05/20/2003 30.00 - 16.3640.2 FITZEN, LARAE & LINDA 274,23 93.22 49.05 50.03 81,93 06/03/2003 50.00 - ... in Msg column indicates no Notice is to be sent "J"" (. CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Jun 24, 2003 03:00pm Current Period: 06/30/2003 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Date Amount 34.0552.1 FOSTER, BRADLEY D, 108.31 75.80 32.51 04/22/2003 40.03 - 22.2624.4 FOURI E, J EROM E & KA TL YNE 119.10 57.18 31.53 30,39 04/22/2003 59.18 - 14.3698.2 FOX,AMANDA 79.27 78.50 .77 06/13/2003 67.00 - 4.1162.3 FRANKS, JAMES & JORITA 94.07 84.06 10.01 06/03/2003 60.00 - 8.0012.1 FREEMAN, DOUGLAS & SHIRLE 111.77 74.84 36,93 51.3078.3 FREEMAN, NICOLE 80.72 54.14 26,58 04/24/2003 56.32 - 50.3754.1 FRENCH, LAWRENCE 185.86 165.15 20,71 06/04/2003 . 60.00 - 1,0840.2 FRIENDS OF CHILDREN & FAMII 99.88 47.47 17.47 34.94 1,1290,1 FUHRMAN, JAMES 116.33 80.06 36,27 04/15/2003 28.75 - 10.2168.1 GO CONSTRUCTION 26.39 22.91 3.48 10.2118.1 GO CONSTRUCTION 24.43 20.95 3.48 10.2122.1 G 0 CONSTRUCTION 24.43 20.95 3.48 10.2166,1 G.O CONSTRUCTION INC, 24.43 20.95 3.48 74.2710,1 GAILEY, BRON 141.77 96.48 45.29 05/16/2003 46.27 - 2.5950,3 GARDINER, DAVID 259.85 164.64 61.93 33.28 OS/21/2003 100.00 - 21.0234.3 GARRETT, DAMON 142.39 134.48 7.91 06/18/2003 50.00 - 30.6074_ 1 GARY DAWSON HOMES 25.41 20.95 4.46 34.2896.2 GAYTHWAlTE, LARRY & TAM I 68.47 67.96 .51 OS/20/2003 32.00 - 33.2388.1 GLUCH, SCOTT 83.31 56.52 26.79 05/19/2003 53.74 - 22.0310.1 GODSIL, MICHAEL & KORRENA 123.13 85.36 37.77 OS/20/2003 34.99 - 19,1060.1 GOECKERITZ, JEREMY & REBEi 120.09 82.02 38.07 04/10/2003 40.03 - 32.4824.1 GO CONSTRUCTION 75.20 35.92 17.47 3.48 18.33 4,1146.2 GREEN LANCE & GLORIA 73.99 49.98 24,01 04/28/2003 24.99 - 51,0978.5 GRIEVE, JAMES 63.34 42.56 20,78 05/19/2003 44.50 - 50,2412.3 GRISHAM, DANIEL & JANET 77.32 44.81 32,51 05/06/2003 39.37 - 21.1734.2 GROAT, STEPHANIE 141.62 105.30 36.32 OS/20/2003 45.00 - 2.1350.1 GROSSO, BJ 77.61 56.64 20.97 04/18/2003 17.05 " 21.0462.3 GUNNARSON, HOWARD & RUn 241.19 124.07 57.85 55.07 4.20 OS/29/2003 40.00 - 30.2000.1 HADDOCK,ROBERT 103.95 78.20 25,75 04/10/2003 92.39 - 21.0058.2 HALEY, STEVE & STEPHANIE 127.05 88.30 38.75 05/12/2003 45.61 - 22.0924.1 HALL, KEVIN 120.39 119.02 1.37 06/04/2003 40.00 - 32.1754.1 HALL, PATRICK 97.20 92.46 4.74 06103/2003 28.75 - 21.2074.3 HANFT,ROBERT 105.21 89.88 15.33 05/13/2003 67.35 - 33.4274.1 HANSEN, ERIK 186.26 80.33 51.31 54.62 02118/2003 48.00 - 74.3240.2 HANSEN, WADE 105.09 85.04 20.05 06/16/2003 20,00 - 50.1384.1 HART, DOUGLAS 71,53 50.30 21.23 04/15/2003 21.23 - 21.1776.2 HARTSOOK, HOWARD 92,73 61.50 31.23 05/21/2003 69.98 - 9.0058.1 HERITAGE BUILDERS 24.43 20.95 3.48 25.0032.1 HIGH DESERT 42.88 35.92 3.48 3.48 25.0012,1 HIGH DESERT 43.86 35.92 3.48 4.46 9.9014,1 HIGH DESERT CONSTRUCTION 40.11 36.63 3.48 37.3644,1 HIGH DESERT CONSTRUCTION 50.78 38.70 12.08 02110/2003 52.41 - 34.1640.3 HIGHBARGER, MICHAEL & LIND 168.73 118.70 50.03 05/19/2003 50.03 - 74.1014,3 HOLLOWAY, JERALD K 111.75 77.44 34.31 04/18/2003 36.27 - 32.0482,1 HORTON, EVERETT 192.15 142.80 49.35 05/14/2003 77.55 - 4.0810,2 HOUST, DALE & SHERRY 190.34 134.34 56.00 OS/20/2003 70.00 - 2.3000.1 HOUSTON, TONY & THERESA 87.36 82,34 5.02 OS/20/2003 45.00 - 69.1276.2 HOWARD, DONALD & CAROLYN 167.40 149,38 18.02 05/30/2003 50.00 - 1.0420.1 HOWARD, TREVIS 117.66 88,72 28.94 OS/21/2003 122.00 - 31.3004.1 HOWELL, JOYCE 113.40 112.42 .98 04/22/2003 47.55 - 74.2582.1 HUD/GOLDENFEATHER REAL n 167.54 97.72 34.83 34.99 03/17/2003 106.48 - 2.5130.1 HUD/GOLDEN FEA TH ER REAL n 127.61 23,79 103.82 02112/2003 42.51 - 50.0554.2 HUD/GOLDENFEATHER REAL n 148.43 148.43 06/26/2002 65.00 - 34.1764.2 HUD/GOLDENFEATHER REALn 28.75 28,75 12101/2002 28.75 - 21.1960.1 HUMPHREYS, LARRY 177.15 97.78 79.37 04/23/2003 113.77 - ... in Msg column indicates no Notice is to be sent (. 91TY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Jun 24,2003 03:01pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Date Amount 4.1630,2 HUMPHRY, KELLY & TAJ 114.06 107.26 6.80 05/19/2003 54,00 - 51.0510,4 HUNT, WESLEY 68.79 66.98 1.81 05/06/2003 60.00 - 48.2840,1 IDA-TRAN 951,72 15,10 284.31 652,31 02/12/2003 2,847.52 - 2.5820.1 JACKSON, ROBERT 100,52 98.94 1.58 06/09/2003 30.00 - 50.4506,1 JACOBSON, BETTY B. 39.18 37.29 1.89 05/30/2003 44.33 - 19.1630.2 JENKINS, LEROY 100.48 68,94 31.53 .01 04/22/2003 61.25. 51,0302.7 JEPSON, MIKE & JAMIE 118.61 82.34 36.27 05/08/2003 36.27 - 14.5043.2 JESTTES, JESSE 121.29 79.24 42.05 05/19/2003 48.75 . 9.9074.1 JOHN FLAHERTY CONSTRUCTlI 25.41 21.93 3.48 20,0430.1 JOHN J VNUK 69.26 42.46 20.25 6.55 06/13/2003 20.25 - 88,0028.1 JOHNS PLUMBING & HEATING 624.78 338.35 286.43 05/14/2003 368.51 - 74.3642.2 JOHNSON, KEVIN 94.47 93.54 .93 05/13/2003 88.00 - 42.3060,1 JOHNSON, MATHEW 263.33 195,56 67.77 OS/2112003 33.72 - 37.2946.1 JOHNSON, ROBERT & MICHELL 28.35 24.87 3.48 19.0098.1 JOHNSON, SAMUEL 146,19 98.12 48.07 0412912003 50.03 - 69.0310.1 JOHNSTON, DENISE 112,13 95.42 16.71 05106/2003 70.57 - 14.5008.2 JONES, KARLA 118,32 88.32 30.00 04/29/2003 66.22 - 22.1340.2 JONES, STEPHEN & CONNIE 170,63 102.94 67.69 04/23/2003 103.00 - 46.0802.4 JUDY, VICTOR 168,33 95.82 72,51 OS/21/2003 41.77 - 46.0840.4 JUDY, VICTOR 84.39 55.94 28,45 04/15/2003 81.66 - 68.0224.1 KAVILA, JOSEPH 82.26 77.52 4,74 05/16/2003 34.99 - 21.1826.1 KEITHLEY, ROBERT 153.13 115.36 37,77 05/21/2003 72.51 - 22.2380.2 KELLEY, JAMISON & SHANNON 127.55 85.04 42,51 05/19/2003 34.99 - 31.1270.2 KLINT, CARL 326.27 113.82 42.87 65.39 104.19 02/18/2003 110.00 - 74.0342.3 KNOWLTON, KIMBERLY 129.50 95.82 33,68 01/28/2003 38,75 - 19.6642.1 KRENZ,ROY 144.31 75.56 68.75 05/22/2003 65,98 - 74,0426.1 LACY, GLORIA 158.81 108.16 50.65 04/15/2003 81,31 - 3.0654.1 LAMBERT, KENNETH 258.20 92.16 31.07 64.99 69.98 02/13/2003 31.23 - 21.1940.3 LANCE, EDWARD & DELOY 191.15 143.44 47.71 03/06/2003 43.79 - 50,0600.2 LAYTON, JONATHON & FElICIT 117.52 89.52 28.00 05/19/2003 40.28 - 34.2852.1 LEAVELL, SUZANNE 176.05 111.74 64.31 04/23/2003 65.02 - 34,0252.2 LINDSAY, CATHERINE 61.73 41.48 20.25 04/17/2003 34.94 - 2.4090,2 LJ PROPERTIES LLC 43.25 29.16 14.09 04/16/2003 26.38 - 22.1726,2 LLOYD, GEORGE E 50.99 49.98 1.01 06/24/2003 23.00 - 4.1648,1 LONG, RAYME 156.13 114.44 41.69 03/18/2003 88.78 - 51.3086,6 LOVITT, MICHAEL 137.70 71,80 65.90 04/25/2003 66.02 - 20.1776.1 LOWER,INEZ 82.03 62.20 19.83 03/27/2003 37.86 - 6.1492.2 LOWRY, ROBERT & DEBI 174.87 136.64 38.23 OS/2112003 50.00 - 74.3504,1 MADDOX, DALLAS 128,91 90.84 38.07 05/15/2003 36.27 - 2.4480.1 MADRID, JOSEPH F 136.37 95.82 40.55 04/1812003 34.99 - 6.9858.2 MAl, CURTIS 62.07 36.68 18.83 6,56 03/2612003 30.00 - 19.6602.2 MANEELY, LARRY 75.07 51.36 23.71 04/1512003 23.71 - 21.1760.1 MARKLE, JAMES 108.42 34.15 54,99 19.28 02/1312003 47.55 - 74.0394.1 MARKS,CARMEN 44.12 9.30 34,31 .51 04/07/2003 32.00 - 35.1170.2 MARTINEZ, LUIS & VERONICA 90.05 87.00 3.05 06/09/2003 42.51 - 64.0020.2 MARTINEZ, RON 98.02 66.98 31,04 OS/20/2003 33.00 - 6.9236.1 MASSEY, WADE 21.37 17.89 3.48 51.0514.1 MATHEWS, DONNA 80.85 56.84 24,01 05114/2003 46.22 - 51.4040.1 MATLOCK, JAMES 72.73 48.16 23,59 .98 05107/2003 23.59 - 6,9012.1 MATRIX HOMES 25.29 20.83 4.46 34,1968.2 MATTHEWS, DAVID & MICHELLE 111.71 75.48 36.23 OS/20/2003 36.00 - 22,1068.2 MAUPIN, SHELLY D 125.45 94.74 30.71 04/14/2003 57.50 - 50.4821.1 MAWS #3 - SPRINLKER 3.48 3.48 12/27/2002 20.64 - 33,2266.1 MCBRIDE, KEVIN 65.32 6.42 58,90 06/09/2003 25.00 - 69,2258.4 MCCANDLESS, DOUG 121.57 98.10 23.47 06/09/2003 30.00 - n. in Msg column indicates no Notice is to be senl / r ~-'" \, CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Jun 24, 2003 03:01pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02/28/2003 Date Amount 74.2826,2 MCCASHLAND, DAVID 116.14 116.08 .06 06/04/2003 47.25 - 2.0450.2 MCCLURE,BRENT 179.59 108.88 70.71 04/23/2003 61.23 - 21.1570.2 MCGAHEY, DAN 84.24 84.06 .18 05/14/2003 41.35 - 51.3246.1 MCKAGUE, RICK 118.23 101.06 17.17 06/19/2003 50.00 - 33.2556.1 MCLEAN, BRANDON 94.15 89.54 4.61 06/04/2003 53.00 - 2.3892.1 MCNALLEY, RUSSELL 82.91 56.26 26.65 04/18/2003 31.23 - 35.0408.2 MENDIOLA, GREG & CYNTHIA 93.30 74.50 18.80 OS/22/2003 36.27 - 31.3304.2 MERCER, APRIL 153.63 43.79 109.84 02/11/2003 71.00. 31.0494.2 MESZAROS, LILLI 182.07 130.08 51,99 OS/21/2003 45.30 . 50.3756.1 MICHALSCHECK, DEAN 169.18 98.09 71,09 OS/20/2003 66.35 . 33.0056.1 MIKE CARDINAL 579.16 579.16 10/24/2001 322.22 - 20.1698.1 MILLER & ASSOC 199.44 112.40 39,05 47.99 06/05/2003 25,00 - 74.3108,3 MOGFORD, DWIGHT 244.15 166,36 77.79 OS/20/2003 70.11 . 4.0538.1 MONSON, THOMAS 179.47 138,60 40.87 04/23/2003 96.22 . 6.1918.2 MOORE, KENNETH & CHRISTIE 130.39 130.39 08/27/2002 27.00 . 4.1634.1 MOORE, RUSSELL C 80.85 56.84 24.01 04/14/2003 67.23 - 31.3524.2 MORGAN, DAVID & LEAH 136.80 91.18 45.59 .03 05/19/2003 40.00 - 3.0889.1 MORNING GLORY #2 HOA 10.44 10.44 2.5630.2 MORRISON, DWAYNE 174.51 124.18 50.33 04/23/2003 51.31 - 1.0762.1 MORTENSEN, KENT 90.33 67.74 22.59 34.0920.3 MUIR, GRACE & RONALD 131.85 92.80 39.05 04/22/2003 40.03 - 88.0018.1 MUNICIPAL SERVICES 292.03 199.87 92.16 OS/20/2003 34.84 - 46.0570.3 NEIL, STEVE 94.69 63.46 31.23 04/30/2003 27.47- 65.0450.1 NELSON, MARILYN 96.18 69,60 26.58 05/19/2003 60.00 . 88,0041.1 NIGHTHAWK DESIGN CONSULT 509,88 390.28 119.60 51,0936.2 NUTTAL, KYE & SUZANNA 90,27 60.84 29.43 04/22/2003 86.17 - 2,5370.1 ODOM,SHERRY 97,51 71.54 25.97 04/14/2003 46.76 - 4,1598.1 OGAN, JOHN & DAWN 119,55 90.58 28,97 OS/22/2003 35.00- 32.4954.1 ONEIL HOMES 155.66 60.84 94.82 06/23/2003 35.00 - 2.2748.4 PACK,PAUL 257.66 138.52 61.61 57.53 04/22/2003 60.00 - 69.0466,1 PAGE, CHARLES & LORIE ANN 187.39 187.02 .37 06/13/2003 75,00 - 34.2728,3 PALMER, TROY & TAWNEE 111.73 108.82 2.91 06102/2003 70,00 - 9.9012,1 PATRIOT PROPERTIES LLC 45.82 36.90 5.44 3.48 2.2490,2 PATTERSON, DEENA L 83.16 79.40 3.76 06/23/2003 31,26 - 37.3852,2 PEARSON, KEVIN 76.46 75.48 .98 06/20/2003 36,27 - 65.0346,3 PEDERSEN, DOUGLAS & KATHF 76.30 73.52 2.78 05/05/2003 65,02 - 51.0746,6 PERKINS, CHARLES 106.55 58.48 29.73 18.34 04/14/2003 30.00 - 35.0101.2 PETRAIN, JAMES 175.39 28.59 60.55 28.75 57.50 02/12/2003 32.45 - 32.0690.2 PETTERSON,KENNETH 129.42 85.30 44.12 05/16/2003 80.00 - 31.0156.3 PETTINGILL, LEWIS 140.65 83.98 42.97 13.70 04/18/2003 65.00 . 42.1842.1 PHILLIPS, ANIKA 82.24 65.02 17.22 05/16/2003 50.00 . 15.0036.2 PIERCE, CHUCK SR. & MARY 130.54 129.58 .96 06/16/2003 66.75 . 36.1020.1 PIERCE, ROBERT 73.01 49.00 24.01 04/15/2003 24.99 . 2.3340.1 POE, RICHARD 173.87 151.94 21.93 05/15/2003 85.00 . 34.3262.2 PORTLOCK, JEFFREY 109.27 83.30 25.97 04/22/2003 47.69. 46.0250.3 POTTER, GWENDOLYN C/O 171.19 67,96 36.43 40,03 26.77 02/19/2003 49.98. 50.2402.1 POWELL, RANDY 137.80 77.01 60.79 05/19/2003 58.83 . 32.4934.1 PRESTIGE HOMES 60.60 34,94 17.47 17.47 10.72 10.0068.2 PRIESS, JENNIFER 100.14 100,08 .06 06/17/2003 49.05 . 21.1828.2 PRINTZ, DENIA 95.75 95.50 .25 06/20/2003 47.00 - 42.2112.2 PROUTY, CLAYTON 181.24 152.74 28.50 04/14/2003 29.00 - 4.2248,2 PUCKETT, RUSSELL 207.72 154.96 52.76 05/15/2003 50.00 - 42.2144,2 PURSIFUL, BRIAN & HEIDE 124.74 120.96 3.76 06/03/2003 48.23 - 1.0100,2 PYLlCAN, WOODROW A. 255.40 92.74 31.37 54.99 76.30 02/18/2003 45.26 - 36.1084,1 RANGER R INC 26.39 22.91 3.48 ... in Msg column indicates no Notice is to be sent / .--. r CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Jun 24, 2003 03:02pm Current Period: 06/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 0212812003 Date Amount 2,5670,1 RANSOM, JAMES R 118.44 80.06 38.07 .31 05/19/2003 32.51 - 16.3001,1 RATCLIFFE INVESTMENTS 20.88 20.88 31.3454.2 RElMAX OF BOISE .77 .77 06/19/2003 211.00 - 33.2374,3 REBOLLOZO, JOSE & DALILA 114.21 93.46 20.75 06/09/2003 25.00 - 31.0840.1 REED,CAROLYN 91.15 62.40 28.75 04/28/2003 24.99 - 21.2918.1 REYES, KAREN 172.25 99.74 72.51 04/23/2003 115.02 - 22.0880.1 RIETH, KEVIN F. 159.05 134.06 24.99 04/22/2003 100.00 - 1.4100.5 RINCOVER, LAWRENCE 114,66 91.50 23.16 05/19/2003 100.00 - 22.2072.2 ROBERTS, CATHERIN 17.75 17,75 11/21/2002 53.25 - 1,2060.3 ROBIN RICE TRUST 138.80 66.93 36.93 17.47 17.47 51,0866.1 ROHRBACH,CHERYL 88.58 80.38 8.20 05/14/2003 30,00 - 74,2764,1 ROPP, BRYAN K. 112.75 112.74 .01 05/30/2003 46,56 - 34,1946.4 ROSIN, DOUGLAS & KIMBERLY 154.22 90.18 35.29 28.75 04/21/2003 65.02 - 1.3270.2 SAMS, DOUG 282.76 282.52 .24 05/08/2003 247.00 - 88.0035.1 SCARISBRICK DENTAL LAB 25.00 25.00 32.1642.1 SCHMIT, JAMES 83.09 82,02 1.07 05/19/2003 80.00 - 21.1870.1 SCHOPPELREY, DOUGLAS & CI 126.04 120,98 5.06 06/13/2003 46.27 - 51.3720.2 SCHOW, BART & ALISSA 138.23 98,36 39.87 37.3846.1 SCHROEDER ENT INC 45.82 35,92 5.44 4.46 32.0622.4 SCHUSTER, BILL & LESLIE 139.39 92.88 42.51 4,00 06/09/2003 68.00 - 3.0677.1 SECO ASSOCIATES INC 18,82 18.82 09/18/2002 14.12- 2.2360.2 SEINKNECHT, DAVID 129.01 64.70 64.31 04/28/2003 76.30 - 35.2392.2 SEMMER, CHAD & MARY 81,36 81.04 .32 04/30/2003 75.00 - 30.6114.1 SHADOW MOUNTAIN HOMES 25.41 21.93 3.48 30.6118.1 SHADOW MOUNTAIN HOMES 27,37 21.93 5.44 30.6096.1 SHADOW MOUNTAIN HOMES 25.41 21.93 3.48 74.0322.2 SHELDON, PAM 95.81 92.80 3.01 06/1212003 38.00 - 74.3960.1 SHERARD, BILL 145.21 96.16 49.05 05/19/2003 80.12 - 50,0292.1 SHOEMAKER, TAM I 131 .70 90.52 41.18 06/10/2003 75.00 - 2,2500.1 SILVA, JOSEPH 180.39 175.20 5.19 05/13/2003 70.00 - 34,0528,2 SILVA, STEVEN 128.51 93.52 34.99 OS/29/2003 28.00 - 22,1504,1 SIMPSON, RANDY 141.27 98.76 42.51 05/16/2003 38.75 - 21.2836.2 SINGLETON, RODNEY 224.16 139.64 84.52 OS/21/2003 41.00 - 34.0822.1 SlTZLAR, RON & GAY 84.19 81.68 2.51 05105/2003 30.00 - 74.1114.2 SLYTER, GORDON 113.40 92.16 21.24 0610212003 20.00 - 31.0134.1 SMITH, MICHELLE 79.08 78.10 ,98 04/30/2003 80.06 - 33.2646.1 SONDERMAN, MARTIN 130.39 86.60 43,79 04/08/2003 83.23 - 2.0180,2 SPANGLER, STEVE 98.98 49,00 24.99 24.99 03/12/2003 45.97 - 32.1686,3 ST GEORGE, JASON 122.52 64,04 33.49 24.99 03/26/2003 96.30 - 2.1160.1 STATES, DION 85.43 61.42 24.01 04/21/2003 32.51 - 21.0012.1 STEIDER, CHRIS 141.29 113.48 27.81 06/23/2003 25.00 - 31.0496.1 STERTZ, SUSAN 143,68 99.34 43.79 .55 05/15/2003 47.00 - 32.0824.4 STEVENS, LARRY 123.17 122,94 .23 06/20/2003 113.00 - 74.3470.2 STOCKTON, JASON 1 04.49 71.30 33.19 05/05/2003 34.99 - 1.2320.1 SUMMERS, STACEY 89.33 89.28 .05 OS/28/2003 38.75 - 19.0224.6 SWANSON, WAYNE 231.30 119.96 53.79 57,55 04/04/2003 87.55 - 51.0906.1 TAGGART, RETA 98,01 69.26 28.75 04/28/2003 28.75 - 74.2698.2 TAYLOR, DARRELL 87,23 58.48 28.75 05/02/2003 32.51 - 1.3250.1 TAYLOR, DENNIS F 119,33 77.92 41.41 04/04/2003 67.94 - 20,1964.2 TECO INVESTMENTS 129.39 92.14 37.25 06/16/2003 30,00 - 2,1190.1 TERRELL, A 100,97 66.66 34.31 04/22/2003 49,98 - 4,1290.2 TERRY, MATTHEW 92.63 61.10 31.53 04/2212003 28,75 - 4,1400.1 THIES, GREGORY 81.42 81.42 12/03/2002 59,17 - 51,1172.2 THOMAS/ANDERSON PARTNER 118.65 89.10 29.55 06/0212003 30,00 - 7.0778.2 THOMASON. JEFFRERY 117.74 112.18 5.56 05/30/2003 50,03 - ... in Msg column indicates no Notice is to be sent { ( \ . CITY OF MERIDIAN Delinquent Account List- cou ncit Page: 7 Standard Payment Customers Jun 24, 2003 03:03pm Current Period: 06/30/2003 No Delinquent Minimum AmountDetinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02128/2003 Date Amount 6.1368.1 THOMPSON HOMES 18,86 15.10 3.76 06/13/2003 7.55 - 32.1558,4 THOMPSON, GARY 101 ,97 101.64 .33 06/20/2003 50.00 - 19.0538.1 TIETJEN, JILL 34.23 26.83 7.40 2,4062,4 TIMBERLINE INVESTMENTS 260.11 104.26 39.57 42.51 73.77 03/19/2003 40.00 - 9.9068.1 TODD CAMPBELL 27.37 21.93 5.44 2.2200.3 TODD, RICK 94.59 63.06 31.53 OS/20/2003 57.50 - 42.1216.1 TOROK, ZSOL T 88.97 62,48 26.49 04/22/2003 62.46 - 6.9244.1 TOWN & COUNTRY 36.07 30.63 5.44 22.0990.3 TOWNSEND, BRYANT & TANISH 116.13 88.20 27,93 OS/20/2003 49.96 - 2.2230.2 TUDEHOPE,HEATHER 112.23 80.70 31,53 05/15/2003 57.50 - 25.4026.1 TUSCANY HOMES 109,48 109.48 2.4840.4 VALESKO, DONALD 92,26 91.58 .68 06/1112003 40.00 - 20.3218.1 VALLI BUILDERS 112,57 80.06 32,51 05/12/2003 36.27 - 57.0120.1 VAN HEES 488.05 329.32 158.73 04/15/2003 151,21 - 32.0656.3 VICTORY, MICHAEL & YUNSUK 116.65 79.40 37.25 04116/2003 36.27 - 21.0080.1 VINCENT. SPARKY 372,49 161.38 101.71 109.40 05/19/2003 75.00 - 50.3742.2 VNUK, JOHN 155.94 132.05 23.89 06/17/2003 40.00. 74.2690.3 VUITTONET, JUAN 148.66 100.40 48.26 05/19/2003 50.00. 35.5017.2 WAGEMAN, CLINT 133.18 91.82 40.03 1.33 OS/28/2003 65.03 - 1.3340.1 WALSH. RON 136.52 136.52 01/16/2002 29,17 - 21.2240.1 WARD, MIKE 196.21 132.12 64.09 05/19/2003 61.31 - 50.0074.1 WARD, TYLER & VOANNA 88.30 83.40 4,90 05/13/2003 73,74- 32.0444.1 WARNER, MICHAEL & CYNTHIA 148.55 148.36 ,19 05/13/2003 6.00 - 51.3198.3 WEAST, WESLEY 121.40 92.48 28,92 05/15/2003 50.00 - 21.2192.3 WEBER, THOMAS 181.99 120.68 61,31 04/07/2003 118.86 - 43.0396,3 WELCH, ROBERT & TIFFANY 132.94 121.66 11.28 06/12/2003 61.31 - 65.3116.1 WELLS, DARIN 56,52 55.54 .98 06/18/2003 27.77 - 20.3210.1 WENICK, ALLISON 127,53 66.00 61.53 04/24/2003 61.26 - 1.1110.2 WEST, JON I 88,72 86.92 1,80 06/10/2003 36.27 - 1.1010.5 WEST, JON I & BERT 109,32 99.02 10.30 06/10/2003 32.51 - 22.0474.1 WEST, ROBERT A 144,36 140.60 3.76 06/10/2003 53.79 - 31.0010.3 WEST, TOBERT & JONI 95,04 87.52 7.52 05/16/2003 37.39 - 31.3322.1 WESTON,DECKER 199,53 110.14 88.99 .40 04/23/2003 106.05 - 9.0196.1 WESTROCK HOMES 24.43 20.95 3.48 74.3204.1 WHITE, TAWNYA 83.41 55.94 27.47 OS/20/2003 27.47 - 21.1590.1 WHITTEN, DAVID 139.24 113.78 25.46 OS/27/2003 30.00 - 69,1094.1 WILLIAMS, TERRY & MERRIANN 120.78 120.68 .10 05/12/2003 58.27 - 32.1638.2 WILOTH, MARK 81.45 54.96 26.49 04f04/2003 51.18 - 34.1954.1 WINGATE. DIANE 123.26 88.38 34.88 05f16/2003 60.00 - 47.1204.2 WIXSON. RYAN 131.95 91.24 40.71 05f15/2003 42.51 - 13.8540.2 WOLF, ERIC & KIMBERLY 128.53 87.98 40.55 04108/2003 42.51 - 22.2372.2 WONACOTT, ANDREW & BRAN[ 109.00 106.54 2.46 05/19/2003 100.00 - 74.0338.1 YEAGER, RODERICK S. 88.17 87.22 .95 05/16/2003 26.00 - 74.3348.6 YEATTS, PAMELA 337.02 337.D2 11/20/2002 43.67 - 25.1090.2 YOUNG. ANGELA 127.53 87.66 39.87 2.0670.1 YOUNG. AUSTIN L 107.78 52.18 55.60 04/24/2003 55.04 - 2.0680,1 YOUNG, AUSTIN L 104.16 103.18 ,98 06/18/2003 49,14 - 4_1850,1 YOUNG, VERNON & JANICE 208.97 150.40 56.57 04/28/2003 50,03 - 22.1130,1 ZARAK, LEE & JENNIFER 167.21 133.04 34.17 04/21/2003 53,79 - 50.3784.1 ZAVALA. JOSE 54.10 46.61 7,49 OS/27/2003 90.00 - Grand Totals: 47.824,97 31.145.13 10.779,12 2.679.60 3,221.12 ... in Msg column indicates no Notice Is to be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Standard Payment Customers Current Period: 06/3012003 No Delinquent Minimum AmounlDeJinquent Balance Page: 8 Jun 24. 2003 03:03pm Cust No Name Balance Non-Delinq 04/30/2003 03/31/2003 02128/2003 Last Pmt Dale Last Pmt Amount Report Criteria: Terminated customers not included Customer.Cust No = {<:} 9900000 ... in Msg column indicates no Notice is to be sent