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Home My WebLink About2003-03-11 ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 11,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless ,K -X- Mayor Robert Corrie Special Announcement: J)/}-... J&lvn..rth->-- Bill Nary Keith Bird 2. 3. Adoption of the Agenda: apj?n7VIl-/ Ci J a~c/Lc;(." 4. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 02- 028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Sprin~s North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: t:lf?PVOVL'l-/ B. Findings of Fact and Conclusions of Law for Approval: PP 02- 027 Request for Preliminary Plat approval of 197 building lots and 330 ther lots 0 n 81.54 acres in proposed R-8 and L-O zones for proposed C edar Sprin~s North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: t'ifpn;v<..- C. Findings of Fact and Conclusions of Law for Approval: V AR 03M003 Request for a Variance to allow blocks 7, 9, and 13 to exceed 1,000 foot maximum block length for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: ar~v.e.. D. Findings of Fact and Conclusions of Law for Approval: RZ 03- 002 Request for a Rezone of 3.66 acres from L-O to R-15 zones for proposed Scottsdale Villas Subdivision by Pinnacle Meridian City Council Agenda - March 11,2003 Page I of3 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Engineers, Inc. for Wolfe Commercial Enterprises, LLC. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: ajJf,n?v~ E. Findings of Fact and Conclusions of Law for Approval: PP 02w 029 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.66 acres in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. - West Alden Drive, southwest corner of West Franklin Road and Southwest 7th Avenue: ~tjJrtPVL F. Findings of Fact and Conclusions of Law for Approval: CUP 02-045 Request for a Conditional Use Permit for a Planned Unit Development for 19 single-family attached units in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: o/~V'-<- G. ACHD Road Widening Franklin Road Project I ROW Purchase Agreement (Fire Station and Storey Park Franklin Road Frontage): tl:j'1l1t:Jv-<.... H. Sanitary Sewer and Water Main Easement Agreement with Ed and Shirley Bews: ~v..c../ I. Approve Bills: ~V~ 5. Department Reports: A. Public Work's Department - Brad Watson: 1. Continued from March 4, 2003: Request for Sewer Service - Anthony Mahaty, 2075 West Franklin Road: t:lpj'h'V1tJ!-- ~ 6. (Items Moved from Consent Agenda): !U7lllfh-J 7. Ordinance No. {} 3 -10/2- : AZ 02-027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: etj?j1779V.e..- 8. Tabled from March 4, 2003: FP 03-010 Request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones for Bonito Subdivision by W.H. Moore Company - southeast corner of Eagle and Overland Roads: wj?jh"PV1<- Meridian City Council Agenda - March 11,2003 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. 10. 11. {2. 13~ 14. If? FP 03w011 Request for Final Plat approval of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by CMD, Inc. - northwest corner of North Ten Mile Road and West Pine Avenue: -/tt~ /?J ~dL- 2511-/2#t?:5' Iw~ Public Hearing: MI 03w001 Request to modify approved final plat lot lines, move approved hotel and office locations, reduce hotel size to 80 rooms and increase office building area for Fallon Greens Subdivision (fka Hampton Inn Subdivision) by Pinnacle Engineers, Inc. - southwest corner of South Allen Street and Gentry '!:Jay: c:<-~ffrn-e1 -/1::; fJ/lCptVL.e.- -P/~I ol.f. nv AjPjlrov-~ Public Hearing: M102-011 Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact for Packard Estates Dev., LLC by Packard Estates Dev., LLC - south of East Ustick Road and west of North Cloverdale Road: p[ fl1rr/1-~:J fo jinlflpa-...e. FIE' ~ e /...e .;:.In. d?n/~ (jJ5' pre-c.<9t4/Y'~) ~'JCUsJ;~ i/j: JOtvth- EtL~Le..j((?ad- -l->-wp TPV'e~.r ~t- n. u",k..e '..r W/~/h.Jt'0t-d C.ewf~ /h-ed/~ ~ tz..?jJr?7V'<- j11-tZ-';Jt;?r f,::; wn'1-e.. Ie #bt. 0-1'- Jal'po,.-c- ( "7 pi. - C&Wr>-~ ) lJ /;r cuJ J"; UJ\... of. ~ I4-Ke J l..ee I /H'J tJ c/C7Ufr.j teHeN o-f' ~t()._t<.p f!rt7fh9,(d: ft;Jca.JJ Ltdiu ( if f3 (lIe -cCJWYl-c.~ ) it, c4vt..e. &11.- ~/h.J -IJ.-<- Fe-A-U.. VCi/l-;a-YL~ t9r~C/V.~ r ~ ;Ji2- c~ ,,<;r jJ IIv (1iq jJre-COhn ciL) eKl?Uv~ JeJSi~ 67 - 23 4f;i -(- h: h D cU C I' T, 'Q">....) h-e<-d.e..- Meridian City Council Agenda - March 11, 2003 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ?\u,,3L- ~o5t 11, PubltG rJ( ,'LQ../' CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 11,2003 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. Special Announcement: 3. Adoption of the Agenda: 4. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 02w 028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-Q zones for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: B. Findings of Fact and Conclusions of Law for Approval: PP 02- 027 Request for Preliminary Plat approval of 197 building lots and 33 other lots 0 n 81.54 acres in proposed R-8 and L-Q zones for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: C. Findings of Fact and Conclusions of Law for Approval: VAR 03-003 Request for a Variance to allow blocks 7, 9, and 13 to exceed 1,000 foot maximum block length for proposed Cedar Sprin~s North Subdivision by Howell-Murdoch Development Corporation - south of West. McMillan Road and west of North Meridian Road: D. Findings of Fact and Conclusions of Law for Approval: RZ 03w 002 Request for a Rezone of 3.66 acres from L-O to R-15 zones for proposed Scottsdale Villas Subdivision by Pinnacle Meridian City Council Agenda - March 11, 2003 Page I of 3 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Engineers, Inc. for Wolfe Commercial Enterprises, LLC. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: E. Findings of Fact and Conclusions of Law for Approval: PP 02- 029 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.66 acres in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 02-045 Request for a Conditional Use Permit for a Planned Unit Development for 19 single-family attached units in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: G. ACHD Road Widening Franklin Road Project I ROW Purchase Agreement (Fire Station and Storey Park Franklin Road Frontage): H. Sanitary Sewer and Water Main Easement A~reement with Ed and Shirley Bews: I. Approve Bills: 5. Department Reports: A. Public Work's Department - Brad Watson: 1. Continued from March 4, 2003: Request for Sewer Service - Anthony Mahaty, 2075 West Franklin Road: 6. (Items Moved from Consent Agenda): 7. Ordinance No. AZ 02w027 Request for zoning bou ndary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: 8. Tabled from March 4, 2003: FP 03-010 Request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones for Bonito Subdivision by W.H. Moore Company - southeast corner of Eagle and Overland Roads: Meridian City Council Agenda - March II, 2003 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. FP 03-011 Request for Final Plat approval of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by CMD, Inc. - northwest corner of North Ten Mile Road and West Pine Avenue: 10. Public Hearing: MI 03-001 Request to modify approved final plat lot lines, move approved hotel and office locations, reduce hotel size to 80 rooms and increase office building area for Fallon Greens Subdivision (fka Hampton Inn Subdivision> by Pinnacle Engineers, Inc. - southwest corner of South Allen Street and Gentry Way: 11. Public Hearing: MI 02w011 Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact for Packard Estates Dev., LLC by Packard Estates Dev., LLC - south of East Ustick Road and west of North Cloverdale Road: Meridian City Counci I Agenda - March I 1, 2003 Page 3 00 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONF If" _ ,J[ ON REPORT ** DFllE TiME TO/Ff:10M 18 03/11 22:22 3810160 19 03/11 22:23 PUBLIC WORKS 20 03/11 22: 24 12084664405 21 03/11 22:25 8841159 22 03/11 22:26 2088840744 23 03/11 22' 27 2088467366 24 03/11 22:28 8985501 25 03/11 22:29 LIBRARY 26 03/11 22: 30 92083776449 27 03/11 22' 31 208 388 6924 28 03/11 22:32 2068886854 29 03/11 22'32 8950390 30 03/11 22:35 RDA CTY DEVELMT 31 03/11 22:36 CHERRY LANE 32 03/11 22:37 208 888 1983 ( AS OF MAR 11 '03 22'"" PAGE. 01 C!TV OF MERIDIAN MODE MIH/SEC PGS CMDIl STATUS EC--S 013'36" 001 185 OK UF--S 00' 15" 001 185 OK EC--S 00'25" 001 185 OK EC--S 00'24" 001 185 OK EC--S 00'24" 001 185 OK EC--S 00'24" 001 185 OK EC--S 00'24" 001 185 OK EC--5 00'29" 001 185 OK EC--S 00'24" 001 185 OK EC--S 00'28" 001 185 OK EC--S 131:1' 24" e01 185 OK EC--S e0'24" e01 185 OK G3--5 00'40" 001 185 OK EC--S 010'28" 0101 195 OK G3--5 00'31" 1301 185 OK ----~--------------~-----------------------------------------------------------------~------ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 11,2003 at 5:30 p.m. City Council Chambers ~ TammydeWeerd ~ 8iIJ Nary ::::x= Cherie McCandless ~ Keith Blrd ....K..- Mayor Robert Corrie Adoption of the Agenda: ~Vlf.-- Tabled from February 4, 2003; Discussion of Lee Centers Project Silver Creek Subdivision (fka Powder River Subdivision): (30 minutes*) d/..tNt.$ s;e&L- ;u. r<<.1"1' or-t' Discussion of Marshall OQden Property Annexation at 106j:i ~ast:t Fairviaw Avenue: tPw>Wt. /1.U.4 Iv d.L.c~ (}t:7tvA-ty ref/(./;-ei?1e..... J" (10 minutes.' b..e.,tirr.c", .u:a<<Ce. 1. Roll-call Attendance: 2. 3. 4. DiScussion of South Eagle Road Improvements at St. Luke's (East Magic View) Widening and Center Median: _ (10 minutes*) n>-<>ve. -?> ;'"k-.-- /2-- ""'- ,.~~~ (12-) Discussion 0 f ACHD R. oad Widening Franklin Road Project / ROW Purchase Agreement: J" foH-':f .P~A...- (10 minutes*) n.h!. J"~""-,, Discussion of Blakeslee & Associates Letter: . (1"3) (5 minutes*) .m-r~ f- /~ 13 <7"'- "rIM.- a~_a__ Update on Amending the Fence VariancQ Ordinance: ( ) (5 minutes*) Jht-.Pv-e.../-o 1:Je..- I+- iI"h- re~iV<- ~"-' '4- Executive Session 67.2345.1-b: ,~ d ({e) ;?-<>v>c. .,4> /~ 15" <hv,..-,..e" _ _ _ ~ <Z~..... ;i' 5. 6. 7. 8. 9. *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a gUideline only. Mtriili... Ci,y C<)',ntil Al;en<>> - M.rtl, 11, ZOO. h~ 1 of 1 All m'l<ri,l, plO..mc4.1 public mCClfngs ,hall ~o""'P"'p<rty wlhe City orMoridi,"" Anyone d~iti'n:& ecroT1\lllQdJboo. {Of t!.is.Qbihtics ftlated 1.0 do'Cumcnu -"nd!Qr 111:3.rlnp ploose contle'~" City Cl"k', om<c ~t ~S4433 Bll"''''t43 hou.. prior 10 tho public 111<'0"$' ** TX CONFIRMATION REPORT ** ( AS OF MAR 11 '03 22:52 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE M]N/SEC PGS CMDIt STATUS 01 03/11 22:38 ID PRESS TRIBUNE EC--S 08'24" 001 185 OK 02 03/11 22=39 208 888 6780 EC--S 08'24" 001 185 OK 04 03/11 22:52 ACHD DEV ----S 00'00" 0010 185 BUSY TH]S DOCUMENT ]S STrLL IN MEMORY -------------------------------------------------------------------------------------------- CITY OF MERIDIAN PRE~CQUNCIL MEETING AGENDA Tuesday, March 11,2003 at 5:30 p.m. City Council Chambers 1. RolI.call Attendance: _n~~ Tammy de Weerd ~ Bill Nary =::K:: Cherie McCandless --X- Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: ~V1.e...- Tabled from February 4, 2003: Discussion of Lee Centers Project Silver Creek Subdivision (fka Powder River Subdivision): (30 minutes") ~/dC<<...f~- /f-osq.jJPor-'C Discussion of Marshall QQden Property Annexation at 106;> East t Fairview Avenue: PUhWt. ~M ro ~<:It-- COtvn-,.!/ rertt1rt!i?Jew r (10 minutes") f.uhr~ tLeu'tU- 3. 4. 5. Discussion of South Ea!:lIe Road Improvements at St. Luke's (East Magic View) Widening and Center Median: , (10 minutes*') ~V'e. ~ ;~ /2- Cl1... r~~~ (12-) Discussion 0 f ACHD Road Widening Franklin Road Project I ROW Purchase Agreement: S to~ ;7+,1<--' (10 minutes*) n,H. J"'h47..,.,..., Discussion of Blakeslee & Associates Letter: , __ ({3) (5 minutes*) ,/'J'1;dr~ {-o /~ /3 ~ r~(M, ape~ Update on Amending the Fence Variance Ordinance: ( (5 minutes") J'''''"sw~.,to /:;e..- / + ""'- rera.-z- ~..-t4JJ '4-) Executive Session 67~2345~1~b: ~~ d ({CO) .n-'" v, ~ :;. ~ 15'" t?>v,.-,..e.:1' ___..c-v tZ~ "'-' 7 6. 7. 8. 9. "Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. MorilliWl Cil)' Dlw.cll Agend~ - March 11,2003 Paso 1 <Jf 1 All m~telWs prGScnlcd 11 public meetings sh.l\ bccome~perty Il! Ihe Cily of Meridi'll. Anyone desiring llCcommodorion for di""hihlies related 10 doeulllClu$ .nd/or hCllrings ple.se COnt::lellhe City Clerk's Office .1888-4433011"",148 hOUTS prior 10 lbe pllbllc meeting, April 18, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST April 22. 2003 ITEM NO. Approve minutes of March 11, 2003 City Council Regular Meeting: 3~c.. 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 ~~ Date: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 11, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Special Announcement: Jim Johnson 3. Adoption of the Agenda: Approve as amended 4. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 02w 028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Approve B. Findings of Fact and Conclusions of Law for Approval: PP 02- 027 Request for Preliminary Plat approval of 197 building lots and 33 other lots on 81.54 acres in proposed R-8 and L-O zones for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Approve C. Findings of Fact and Conclusions of Law for Approval: VAR 03-003 Request for a Variance to allow blocks 7, 9, and 13 to exceed 1,000 foot maximum block length for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Approve D. Findings of Fact and Conclusions of Law for Approval: RZ 03w 002 Request for a Rezone of 3.66 acres from L-Q to R-15 zones Meridian City Council Agenda - March 11,2003 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. for Wolfe Commercial Enterprises, LLC. - West Alden Drive, southwest corner of West Franklin Road and Southwest 7th Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 02- 029 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.66 acres in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 02-045 Request for a Conditional Use Permit for a Planned Unit Development for 19 single-family attached units in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. - West Alden Drive, southwest corner of West Franklin Road and Southwest 7th Avenue: Approve G. ACHD Road Widening Franklin Road Project I ROW Purchase Agreement (Fire Station and Storey Park Franklin Road Frontage): Approve H. Sanitary Sewer and Water Main Easement Agreement with Ed and Shirlev Sews: Approve I. Approve Bills: Approve 5. Department Reports: A. Public Work's Department - Brad Watson: 1. Continued from March 4, 2003: Request for Sewer Service - Anthony Mahaty, 2075 West Franklin Road: Approve 6. (Items Moved from Consent Agenda): Nothing 7. Ordinance No. 03w1012 AZ 02w027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: Approve 8. Tabled from March 4, 2003: FP 03w010 Request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones Meridian City Council Agenda - March 1],2003 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. for Bonito Subdivision by W.H. Moore Company - southeast corner of Eagle and Overland Roads: Approve 9. FP 03-011 Request for Final Plat approval of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by CMD, Inc. - northwest corner of North Ten Mile Road and West Pine Avenue: Table to March 25, 2003 Meeting 10. Public Hearing: MI 03-001 Request to modify approved final plat lot lines, move approved hotel and office locations, reduce hotel size to 80 rooms and increase office building area for Fallon Greens Subdivision (fka Hampton Inn Subdivision> by Pinnacle Engineers, Inc. - southwest corner of South Allen Street and Gentry Way: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: MI 02w011 Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact for Packard Estates Dev., LLC by Packard Estates Dev., LLC - south of East Ustick Road and west of North Cloverdale Road: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 12. Discussion of South Eagle Road Improvements at St. Lukes Widening and Center Median: Approve Mayor to write letter of support 13. Discussion of Blakeslee and Associates letter of follow~up proposal: Discuss Letter 14. Update on Amending the Fence Variance Ordinance: Put on P&Z Commission for Public Hearing 15. Executive Session 67 w2345w1 wb: No decision Made Meridian City Council Agenda - March 11, 2003 Page 3 oD All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Meridian City Council Meeting March 11, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:10 P.M., on Tuesday, March 11,2003, by Mayor Robert Corrie. Members Present: William Nary, Tammy de Weerd, Keith Bird, and Cherie McCandless. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Will Berg, Ken Bowers, and Dean Willis Item 1. Roll call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I will open the Meridian City Council Regular Meeting on Tuesday, March 11, 2003, at 7:10 p.m., in the Meridian City Council Chambers. At this time, I'd like to have roll call attendance, please, Mr. Clerk. Corrie: Thank you. At this time I would like to do a special announcement. Let me get up here. Just a moment. I would like to have Mr. Jim Johnson come up here. Jim, would you, please. As you know, Jim has been a great servant to the City of Meridian and the community and we had him as our Meridian Development Corporation chairman and he's chaired a lot of committees for us in our Planning and Zoning and we'd like to give him a little memento of some of the things that hefs done for the city. And at this time I would like to present Jim with the key to the city and also -- recognize that picture on the top, Jim? Johnson: Yes, I do. Corrie: That picture at the top here, what this is is Jim has his insurance business now -- or did -- or maybe still owns it, I think, Okay. But this is what it looked like back in 1961; is that right, Keith? Bird: Yeah. Corrie: Okay. What this says is that Jim Johnson, Meridian Development Corporation Chairman, presented in appreciation for your dedication and service to the City of Meridian, for your volunteered time and effort and the promotion of downtown revitalization is clearly appreciated and greatly appreciated by the citizens of this community. Presented by Mayor Corrie and Meridian City Council 2003. Jim. Congratulations. Johnson: Thanks, Frank. That's the first you have taken my picture, right, Frank? Nice to see all you people. Kind of like old home week. I haven't been in here for a while. Nice to see you, Bill, youfre back in your old playing weight. Keith, you're looking really good. I remember Tammy when she was a blond. Mayor Bob, Bill, and Cherie, and my buddy Will Berg and lots of other people here in the audience. I see my buddy over here, Kenny Bowers, hiding in the corner, so -- and back there, Becky Bowcutt, she just Meridian City Council March 11, 2003 Page 2 of 43 told me that I improved her English a little bit. I have made some contributions, no matter how small they might be. Anyway, this is a great honor for me. I have enjoyed all the work I have done for the City of Meridian and for our service organizations in our community, the Chamber, and the Kiwanis Club and -- but the special thing and the thing that's meant the most to me is working directly with the cities -- with the city and being on the fringe of what's going on in this dynamic, growing city. I have got to know an awful lot of good people and I can vouch for their efforts and I can tell you that your City Council is dedicated, that your Public Works Department is dedicated, that your fire department is dedicated, and the police department, the question is still out on that one. I only say that, because I haven't worked closely with the police department. I'm sure they are doing a wonderful job, too. The other departments I have worked with. So, I will put this on my wall and add it to some other plagues I have got. I do really appreciate it sincerely and I appreciate your time and for all of you interested in those that aren't so interested, I thank you very much. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Before Jim walks out of the room. Johnson: You knew me when I had hair. De Weerd: I came tonight because I thought it was a roast of Jim Johnson. You know, Jim has also served many years on Planning and Zoning, so you have countless years to this community and it's very much appreciated and I do expect to see you at 7:30 tomorrow morning. Johnson: I thought I cut that cord. De Weerd: Maybe after tomorrow. Item 2: Adoption of the Agenda: Corrie: Thank you, Jim and Virginia. All right. The next item on the agenda is adoption of the agenda. Any corrections or -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As discussed earlier, we will add to our regular agenda for our regular meeting Items Number 5 from the Pre-Council Meeting, Items Number 7, Number 8, and Number 9, which will be Items 12, 13, 14, and 15 on the regular agenda. With that I would move that we adopt the agenda as noted. De Weerd: Second. Meridian City Council March 11, 2003 Page 3 of 43 Corrie: Okay. Motion has been made and seconded to adopt the amended agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 02w 028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Springs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: B. Findings of Fact and Conclusions of Law for Approval: PP 02- 027 Request for Preliminary Plat approval of 197 building lots and 33 other lots on 81.54 acres in proposed R-8 and L-O zones for proposed Cedar Sprinqs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: C. Findings of Fact and Conclusions of Law for Approval: VAR 03w003 Request for a Variance to allow blocks 7, 9, and 13 to exceed 1 ,000 foot maximum block length for proposed Cedar Sprin~s North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: D. Findings of Fact and Conclusions of Law for Approval: RZ 03- 002 Request for a Rezone of 3.66 acres from L-O to R-15 zones for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. for Wolfe Commercial Enterprises, LLC. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: E. Findings of Fact and Conclusions of Law for Approval: PP 02w 029 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.66 acres in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 02w045 Request for a Conditional Use Permit for a Planned Unit Development for 19 single-family attached units in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. - West Alden Drive, southwest corner of West Franklin Road and Southwest yth Avenue: Meridian City Council March 11 . 2003 Page 4 of 43 G. ACHD Road Widening Franklin Road Project I ROW Purchase Agreement (Fire Station and Storey Park Franklin Road Frontage): H. Sanitary Sewer and Water Main Easement Agreement with Ed and Shirley Bews: I. Approve Bills: Corrie: Item No.4 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Nary: Second. Corrie: Okay. Motion made and seconded to approve the items on the Consent Agenda through I. Any other discussion? Roll call vote, Mr. Berg. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 5: Department Reports: A. Public Work's Department - Brad Watson: 1. Continued from March 4, 2003: Request for Sewer Service - Anthony Mahaty, 2075 West Franklin Road: Corrie: Item NO.5 is the Department Reports. Public Works Department, Brad Watson. Watson: Thank you, Mr. Mayor, Council Members. This is a continuance of an item last week requesting sewer service to a property that's not within the city limits, but is contiguous to city limits. As you recall, I discussed briefly the proposal last week and you had asked me to contact the applicant, so that he could answer some of those questions for you that I could not. I do see Mr. Kartchner in the audience tonight and I will turn it over to him. [ don't have anything to add from last week, so -- Corrie: Give your name and address, please. Kartchner: Richard Kartchner, 4325 North Ten Mile, Meridian. Corrie: Thank you. Anything you want to say differently or -- Meridian City Council March 11, 2003 Page 5 of 43 Kartchner: The -- I guess the only thing that I want to say in behalf of my client is that he would like to get his double-wide trailer onto his property as soon as possible and we were afraid that going through the annexation process was going to take three to four months. Is that appropriate? So, it's a time issue. That's the only issue that we are dealing with here. We presently have an application for a Conditional Use Permit in the county, which we expect approval on before -- you know, shortly. So, that was kind of the plan, get the double-wide moved on as quickly as possible for Mr. Mahaty, so that he could stop having to pay excess rent where his lease is running out. Corrie: Brad, is -- I've got a blank mark here. Is this property contiguous to the city? Watson: Mr. Mayor and Council Members, this property is contiguous across Franklin Road from -- well, perhaps not Caparelli Sub, but to the west of that -- the property on which Sanitary Services is currently trying to build their facility. Corrie: Okay. And, then, they are requesting just sewer service, not water? Kartchner: Right. Corrie: Council, questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: r guess -- correct me if I'm wrong, Brad, but I think we have connected someone in the past -- I think it was more because they had an immediate need, because their system had failed, but, then, they agreed to start the process at that time to begin the annexation process. Have we done that before? Watson: Council Member de Weerd, you're correct, there was one last summer that drifted into fall, but it was an emergency request for a connection to the sewer system and they did file for the annexation application and I believe that was approved and the ordinance passed here in the last three or four months. De Weerd: And I realize the reason we did that was because of the emergency situation, but is that something that -- r guess that would be a consideration at this point? Could it be a consideration at this point? Would staff support that? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, we have extended services in the past such as -- there was a church on Locust Grove Road, if I recall correctly -- services were provided to that facility. It wasn't that they were -- you know, that they had a system failure, that was a new construction, but they agreed to annex when contiguous and I think we have provided in the past services to properties who have signed a Meridian City Council March 11, 2003 Page 6 of 43 consent to annex, filed a petition for annexation, have been allowed to hook to the services and let the annexation take its course. So, it wasn't that the annexation had to occur first, there just had to be an agreement -- irrevocable agreement to annex first before the services could be provided. I know that that's been done in the past. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, we could perhaps entertain a motion to the effect that extending the services upon receipt of the application for annexation. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: But the other question here is that all they are asking is to hook to the water, not to sewer -- Bird: Sewer, not to water. Nary: Or sewer, not to water. And, normally, we haven't extended one and not the other. It's all or nothing. You know, you can't have half. Can't have half the load, you got to have all of it, only because we don't have another method to come back -- otherwise, to come back and get the water hooked up. So that's our method, is that if you want to be annexed into the city, then, you have to comply with those requirements and those requirements come together. Kartchner: Is there water in front of that property? Watson: Mr. Mayor and Council Members, today there is not water in front of that facility, but the plans that Sanitary Services is preparing and is, actually, in my office for review right now has that water line across the frontage. Nary: So, as long as the requirement was that you had to hook to the water services when it's available and the sanitary -- and the sewer services now and you could apply the application, it's not a timing thing, that won't be a problem. Kartchner: I don't believe so. There is one other issue, however, and that is the sewer connection is going to have to probably, as understand it, Brad, be a pumped sewer; right? And we are going to have to lift to a location down the road from us about 400 feet away. So, the actual sewer that we would eventually hook into and gravity flow is not going to happen for some time. And so I would guess that the client would be responsibility for putting in that entire pump line; is that correct? Watson: Mr. Mayor and Council Members, Mr. Kartchner is absolutely correct. We wouldn't extend facilities to them, they would be simply be allowed under this approval to plug their private -- it's not a lift station, but pump to our facility and, he is right, that Meridian City Councll March 11, 2003 Page 7 of 43 property is designated to flow southward into a future trunk that comes off the Black Cat Trunk in the future. So, this would be a temporary solution. Corrie: So, they would be in agreement that they could hook onto the sewer, pump where he needs to pump, and as soon as the water is there and the sewer is there, he has to start the application for annexation to the city. Is that correct what you're saying? Council, I mean -- Nary: He has to do the annexation now, he can hook to the water when it's available, and he can hook to the regular sewer line when it's available, but he can hook to the pump station now. Kartchner: And I'm sure my client would want to do both of those things. Corrie: I just want to make sure that everything is in line here. Okay. De Weerd: Mr. Mayor? Corrie. Mrs. de Weerd. De Weerd: I guess I would just ask the attorney to make sure that the language is there, so when that permanent trunk line is established, that we have a mechanism to get them to hook into the correct sewage line. I think we had a couple of problems in the past and just pay particular attention to that. Kartchner: Is that something I would wait for the city for some sort of document? Nichols: Mr. Mayor, Members of the Council, we have a standard consent agreement and we would simply include in that agreement some recitations about the future gravity -- you know, when that -- when that pump would have to be disconnected and when connection would have to be made to the gravity system. Kartchner: And you would draft that agreement or provide that for me? Nichols: In fact, I think the last several -- I can't recall -- excuse me, Mayor -- if we have been drafting them or Public Works has been using the form, but I think we drafted them with input from the Public Works Department. So, we -- we don't do a lot of them, we probably do a couple three a year, and the last -- the last one I remember doing was one where once the agreement was signed, then, the services were provided and they also applied for annexation and that went through the process, so -- Corrie: Before you leave. Kenny? Bowers: Mayor Corrie, City Council Members, we have not seen anything yet from Ada county on this. Joe had looked about -- looked and talked to Ada County. We haven't received anything on this. Talking -- if it's going to become a church, we possibly are going to have to have water flow in that area. The closest fire hydrant there is now at this time, I believe, is at Interstate Battery. So, there is possibly going to be a water flow requirement for the church. Meridian City Council March 11, 2003 Page 8 of 43 Corrie: Is this going to be a church? Kartchner: Yes. At present it's a small one. I think he's -- well, his intent is to put a double wide on initially, just while he builds his main facility somewhere on the site and that's the conditional use we are applying to the county for right now. A temporary doublewide with a permanent building later on. Corrie: You have to meet the fire department's water -- the county and fire department has to be together on this with the water. Mr. Nichols. Nichols: Well, Mr. Mayor, Members of the Council, that's correct. I mean there may be, you know, International Building Code issues or fire code issues with regard to fire flow availability, but if Sanitary Sewer is going to be running water out in front of there in the near future, there will be sufficient fire flow -- it would be a hydrant. And I think probably will -- if it's not -- if a hydrant alone isn't enough, depending upon the size of the building, then, the water should be there with sufficient pressure to be able to do the things that need to be done on a permanent building. Corrie: Will the water be there when that building is there, though? I don't know. If you want to put that building up now, how long is it going to be before the water is there, Kenny? Bowers: Mayor Corrie, City Council Members, I don't know at this time how long the water to be there. The water might be there, but there probably won't be any hydrants on Franklin Road, that I know of. They would probably be back in the subdivision with Sanitary Services and the school district, but they might have to put one out on Franklin, possibly. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Members of the Council, just a reminder that we do have an agreement with Mr. Morrow that when the water is within a certain distance of his building, that he is to put in -- he's to extend the line and install hydrants for him and so I -- you know, I don't know that -- I mean if all it takes is an extra hydrant on Franklin Road, then -- I mean they are not cheap, but, certainly, to have a hydrant installed on Franklin Road would not be too burdensome with the water lines going -- because that's where the main line is going to go, isn't it, Brad, is down Franklin? Watson: Mr. Nichols, you're correct. Kartchner: Are there not some exclusions for hydrants if you sprinkle your building via code? Bowers: Mayor Corrie, City Council Members, yes, there is exclusions for that. They -- you can cut your water flow in half when you sprinkler a building. So if you needed 2,000 gallons, you could probably cut it to 1,500 or 1,000 gallons a minute, somewhere Meridian City Council March 11, 2003 Page 9 of 43 around in that area. So -- but it doesn't take it out completely, though. You still have to have water flow. Corrie: Mr. Bird, you said something about a well? You started to say something? Bird: Yeah, Mr. Mayor. I don't -- isn't there an existing exist well on this property? Kartchner: There is. Bird: Do you know what it pumps? Kartchner: I don't. It's domestic use right now, so probably not more than 40 gallons a minute. Corrie: Mr. Nichols, did we have a -- is there a clause that Mr. Morrow said that we are not responsible if they have a fire and can't do it? Okay. We might have to have the same clause in theirs. Nichols: Well, again, Mr. Mayor -- Mr. Mayor and Members of the Council, I think we are looking at different issues. This is an issue just to request municipal services and we are saying, typically, we require annexation as a condition -- an application for annexation as a condition for providing those services. The building and occupancy permits and all of those things are a different issue than providing the services and so I would look -- I would separate those issues and look at this one as to does it make sense, is there a reasonable request to extend the services. You do have water that's going to be in the road that would be available to provide the fire flow for just about any use. If it's going to provide sufficient fire flow for what Sanitary Services wants to do out there, it will be sufficient fire flow for a church. Corrie: I understand that, but -- in other words, you have to come back before he gets any permits? Nichols: Well, unless he has a permit from the county for a structure, but even, then, that's still -- it's a non-agricultural use, they still have to comply with all of the appropriate codes, still have to have the fire things, and so I don't think we are talking about some insurmountable problem where we are going to create a situation that presents life safety issues. Corrie: If you're satisfied, I am. Council, any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, will the agreement be drawn up and do we -- do we just get that on the Consent Agenda? And maybe at that time when it gets put on the Consent Agenda we can have a report from Kenny on -- just an update on fire requirements, just to give you time to check with the county and talk with the fire department on that. Meridian City Council March 11, 2003 Page 10 of 43 Kartchner: We have had one response from the county and I don't recall anything in there about fire, but we may want to talk to -- De Weerd: And the fire department comments separately from the county, because that is their area. Kartchner; And I don't think we have seen anything on this yet. I'm not sure what impact that's going to have as far as a conditional use from the county fire department, if it needs a fire hydrant and there is not the ability to put one in. I don't know what that's going to mean. De Weerd: But Kenny can work with our engineering department, our public works, and figure out the timing issues and how to get a fire hydrant out there. Corrie: Okay, Kenny. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe we need to make a motion approving this before we can get it back on any Consent Agenda or anything, so with that, if there is no more discussion, I would move that we approve the request for the sewer service and water service when available for Anthony Mahaty at 2075 West Franklin Road and that an application for annexation be applied for immediately and that all conditions that have been discussed can be found in the papers Nary: Second. Bird: And the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Motion has been made and seconded. Any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Item 6: (Items Moved from Consent Agenda): Corrie: Since no items were removed from the Consent Agenda - Item 7: Ordinance No. : AZ 02w027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: Meridian City Council March 11, 2003 Page 11 of 43 Corrie: -- we will go to Item 7. This is an ordinance, No. 03-1012. This is a request for zoning boundary modifications of R-40 and C-C zones in 11.76 for proposed Locust Grove Place Subdivision by Wardle and Associates, west of North Locust Grove Road and south of East Fairview Avenue. At this time I would like to have the city clerk read Ordinance No. 03-1012 by title only. Berg: Thank you, Mayor, Members of the Council. Ordinance No. 03-1012. An Ordinance finding that LC Development, Inc., the owner of certain real property generally located on the west side of North Locust Grove Road, one quarter mile south of the East Fairview Avenue, Meridian, to be known as Locust Grove Place Subdivision, has made a request for zoning boundary modification in writing to the Council and that said boundary -- that said zoning boundary modification be designated High Density Residential District, (R-40), and Community Business District, (C-C), as defined in the Meridian City Code, Section 11-7-2F and I, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said zoning boundary modification designation to the official maps of the City of Meridian, Idaho. Corrie: You have heard the reading Ordinance No. 03-1012 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, Council, I will entertain a motion on the request for the ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance 03-1012, request for Zoning Boundary Modification of R-40 and C-C zones on 11.76 acres for the proposed Locust Grove Place Subdivision by Wardle and Associates and with suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Locust Grove Subdivision request for zoning. Any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion for the request for zoning modification is approved. MOTION CARRIED: ALL AYES. Item 8: Tabled from March 4, 2003: FP 03w010 Request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones for Bonito Subdivision by W.H. Moore Company - southeast corner of Eagle and Overland Roads: Corrie: Excuse me. Item No.8 is tabled from the March 4th, 2003, meeting. This is a request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones by Bonito Subdivision by W.H. Moore Company, Southeast corner of Meridian City Council March 11, 2003 Page 12 of 43 Eagle and Overland Roads. I would like to have staff give us a quick rundown on this request. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. As you recall last week this applicant W.H. Moore Company was tabled due to about three or four different conditions that staff had requested be placed on the Final Plate. There was a request that staff get together with the applicant to work out the wording on those conditions. We did do that last week and submitted to you a revised report that was revised March 7th, '03, and we have met with the applicant and my understanding is that Jonathan Seal, the representative, is in agreement with those. Primarily just as -- for your benefit, Council, we are -- we talked about the pedestrian easement along the Ridenbaugh Canal, as well as a pedestrian easement for -- to accommodate an internal jogging path that is going to be constructed within the project and we have looked at some timing issues on when that would happen and some alternatives for how they would -- how the developer would get that pathway constructed. So, unless you have questions on how we came to that understanding or on the conditions, particularly number six and seven on page two, then, I will just let it stand at that, that we ask for the revised staff report to be included in any motion you make. Corrie: Okay. Jonathan Seal? Is Jonathan here? Seal: Jonathan Seal, representing W.H. Moore Company, 600 North Steelhead in Boise, Idaho. I read the staff report, I'm in agreement, and I really have nothing to say, other than to answer any questions you might have. Corrie: Any questions of staff? Okay. Thank you. Seal: Thank you. Corrie: Staff recommends approval of Final Plat with the after-mentioned comments and conditions, so, Council, I'll entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones for Bonito Subdivision by W.H. Moore Company, southeast corner of Eagle and Overland Road and to incorporate all the staff's findings and comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. De Weerd: What's the date of the-- Bird: Updated 3/7 -- Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council March 11, 2003 Page 13 of 43 Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Thank you, Mr. Berg. Motion for request for Final Plat in the subdivision is approved. MOTION CARRIED: ALL AYES. Item 9: FP 03w011 Request for Final Plat approval of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by CMD, Inc. - northwest corner of North Ten Mile Road and West Pine Avenue: Corrie: Item No.9 is a request for Final Plat approval of 26 building lots and seven other lots on 5.48 acres in an R-8 zone for Moshers Farms Subdivision by CMD, Inc., the northwest corner of North Ten Mile Road and West Pine Avenue. At this time I will invite staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, the staff is requesting that this item be tabled until your March 25th meeting. We have not received all of the revisions that we requested on the Preliminary Plat. The Final Plat application did not reflect our requested changes, so we are asking for that to be tabled to March 25th. Corrie: Thank you, Brad. I looked on the wrong one. So, with that, Council, I will entertain a motion to extend the time on this. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we table the request for final flat approval of 26 building lots and eight other lots on 5.4 acres in an R-8 zone for Moshers Farms Subdivision by CMD, Incorporated, to March 25th, 2003. Nary: Second. Corrie: Okay. Motion has been made and seconded. All in favor and say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: MI 03-001 Request to modify approved Final Plat lot lines, move approved hotel and office locations, reduce hotel size to 80 rooms and increase office building area for Fallon Greens Subdivision (fka Hampton Inn Subdivision) by Pinnacle Engineers, Inc. - southwest corner of South Allen Street and Gentry Way: Corrie: Item No. 10 is a Public Hearing. This is a requestto modify approved Final Plat lot lines, move approved hotel and office locations, reduce hotel size to 80 rooms, and increase office building area for Fallon Greens Subdivision, fka Hampton Inn Meridian City Council March 11, 2003 Page 14 of 43 Subdivision by Pinnacle Engineers, southwest corner of South Allen Street and Gentry Way. At this time I will open the public meeting and invite staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, the subject parcel is approximately four and a half acres in size. It's located here at the northwest corner of Allen and the interstate. The Eagle Road on ramp for 1-84 abuts the south property here. It is in the Magic View Subdivision. Holiday Inn Express is immediately across to the east and the Hubble Engineering Building to the north. This site does have an approved preliminary/Final Plat for a three-lot subdivision. It's been annexed for a couple of years now. Just going to slip to the next -- the slide that's on the screen now is the approved preliminary/Final Plat that City Council recommended approval of or did approve as a part of the annexation and zoning -- well, I guess it happened after the annexation and zoning, but, as you can see, the lot configuration was designed to have a hotel on the north end of the property and, then, they had two office building lots on the south end next to Freeway Drive. I will go back to the proposed modification. They are now proposing to shift the hotel a little bit to the south and orient it more to Allen and the freeway and, then, have two office lots behind the hotel lot. Staff considered the configuration a significant modification from what was approved, so we required the applicant to submit this miscellaneous application, mainly, to get it before the Council again, so that you could see that this change was being proposed. The second slide here shows the Conditional Use Permit site plan. The site does also have an approved Conditional Use Permit for a 92-room hotel. They are proposing to reduce it to 80 rooms, but they are asking to increase the square footage that is allowed on the office lots. So that was the second modification here in this applicant. The first for the plat and, then, the second for the Conditional Use Permit. They are showing the office buildings as part of a phase two. Staffs understanding from Pinnacle Engineers is that this phase is closely behind the hotel project, but it is the hotel that is largely driving this application and which is their first priority in their phase one. The third item as a part of their application is the development agreement. Typically, the city's development agreements, we ask if they want to -- if an applicant wants to modify, they need to submit a miscellaneous application to get it in writing and that request is there to, essentially, accommodate the increased office square footage. You do have a memo from staff, dated March 10th, and we have just included a couple of modifications there to the preliminary and Final Plat, to the Conditional Use Permit, and to the development agreement, that if City Council recommends approval of this, we have got some new wording that would need to be added in there. And so we would ask that the -- if you recommend approval, that the legal department would, then, add this new language into the approved Findings and development agreement. Thanks. Corrie: Any comments, questions, from Council? Okay. This is a Public Hearing. Is the representative of this project here tonight? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Boyle: It is. Corrie: Name and address, please. Boyle: Clint Boyle with Pinnacle Engineers, 12552 West Executive Drive in Boise, Idaho. I appreciate the opportunity to come and speak to you this evening, Council. I try Meridian City Council March 11, 2003 Page 15 of 43 to load up as many items as I can on a single hearing, it frees up more of my nights, and so I do appreciate that. This request, again, is one that we have worked with the staff on. We are in agreement with all the provisions and conditions that Brad has stated there. And, again, the staff wanted to bring this back in front of you. We are proposing exactly the same number of lots, three lots on the site. Commercial development. The changes here are there are a different group of developers involved in the development of the hotel now from what originally went through the approvals and they have modified how they wanted the layout of the hotel on the site. With that, the lots have changed configurations from what was originally approved and also, as Brad indicated, the hotel has shifted. The size of the hotel has been reduced from a 92 room to an 80-room hotel. However, they are requesting an additional amount of office space from that original approval. When we talked to staff -- I mean it's somewhat of an offset as far as traffic issues go. ACHD has approved this site plan. The original site plan, actually, had three curb cuts out on the street. This one is only requesting two curb cuts. Again, ACHD has approved those. I'll stand for any questions on the project and thank you for your time this evening. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: It's my recollection this is still to the west of the Holiday Inn Express; isn't that correct? And you said it's a different property owner now, than the ones that first come for Hampton Inn? Boyle: Correct. Nary: Okay. One of the things I recall in the discussion we had about that was the concerns I think that I expressed about them wanting some signage that would be visible to Eagle Road, since it's behind this building, and they committed at the time that they weren't going to ask for anything like that, they didn't want, you know, a 75 foot lighted sign on top of this building, so that you could see it from Eagle Road. Do these new developers recognize that that's part of this as well? Boyle: Yeah. They will not have any issue with that that I'm aware of. Again, the orientation of the building, they are hoping with the orientation to the interstate that will give us the visibility and also to get to that Holiday Inn, everybody is going to be coming right down the road and as you come off of Eagle, coming in and coming right down the road and seeing the hotel as they come off. Nary: Well, from our other discussion on the agenda tonight, they are going to be coming over here now. Boyle: Right. Nary: But, anyway, I just wanted to be sure that we are not going to have that issue come back, since there is a different property owner. Meridian City Council March 11, 2003 Page 16 of43 Boyle: Right. I don't believe they have any problem complying with the comments that you -- Nary: Two giant lighted signs at that is probably plenty, so -- Boyle: Like I said, they will come in in conformance with the other signage in the area, the Texaco sign that flashes and -- Nary: Mr. Mayor? Corrie: I'm still trying to find out where that -- Boyle: No. They won't have a problem with the signage and I made that commitment that they are not proposing a flashing 75 foot tall beacon on top of the -- Bird: You're sure now. Boyle: I am. Corrie: Make sure they know that. Boyle: I will. Corrie: All right. Any other questions? Bird: I have none, Mayor. Corrie: Thank you, Is there anyone else from the public that would like to issue testimony at this time on this request? Okay. Hearing none, Council, any other discussion on the Public Hearing? Hawkins-Clark: Mr. Mayor? Corrie: If not, I will entertain a motion, then, to close the Public Hearing. Oh, I'm sorry. Brad. Hawkins-Clark: Thank you. Before you close the Public Hearing, I would like, if we could, to make a request of Mr. Boyle. The Public Works staff has just pointed out that the plat is set to expire March 26th or 25th, I believe, the original plat that was already approved. So, I was wondering if -- obviously, they are not going to get that modification done before the plat expires, so we would be looking at another variance kind of issue and maybe Mr. Nichols could replay, if we can, under this application provide any kind of mechanism to extend the approval date of the preliminary/Final Plat. Nichols: Mr. Mayor. Brad, are you saying it will be two years March 26th? Hawkins-Clark: One. Meridian City Council March 11, 2003 Page 17 of 43 Nichols: It will be one year. So, they could request a time extension before the time expires? Hawkins-Clark: That's correct. Nichols: So, it wouldn't be a variance, but it would be a request for time extension filed prior to the time that it runs and, then, generally, in the past we have allowed those. Corrie: Okay. I guess Clint -- Mr. Boyle, did you hear what we were talking about? Well, they need to make that extension by the 25th of this month, because their one-year is up. Boyle: We can make the extension if that's the way the Council would need to proceed to get the rest of these agreements in place. The Final Plat -- again, the Preliminary Plat and Final Plat -- I guess I need some clarification from Brad. Are you talking the actual submittal to the city for -- well -- and, actually, I'm getting to the Final Plat. For the city to sign the Mylar plat or are you talking, actually, the recording of the plat? Hawkins-Clark: The recording of the plat. Boyle: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, don't you mean that they need to request an extension of the Final Plat that has been approved by March 26th? You just need to request an extension of that, so, then, when it comes down on this one, we will take care of it, but you still need to get that extension filed in here before the 25th, 26th, or whatever. Nary: And remember how sticky we are about giving those variances. Boyle: I sure do. Bird: This isn't a variance, it's an extension. Nary: An extension is great. Bird: There is no variance. Boyle: Extension is great in my -- Nary: Mr. Mayor? Corrie: Mr. Nary. I don't think you want to go through whole process. Boyle: I don't want to go through the variance process. Meridian City Council March 11, 2003 Page 18 of 43 Corrie: We don't want you to -- Boyle: No. Bird: We don't want you to, either. Corrie: What's the date, Brad? The 25th? Hawkins-Clark: The 26th. Corrie: The 26th. So, we better have it the 25th, so -- Boyle: We will try to have something into Brad tomorrow. Corrie: Tomorrow, so we can have it next week. Thank you. Boyle: Thank you. Corrie: Anything else? Bird: I have none. Corrie: Anything else, staff, that you need to bring up? Hawkins-Clark: No. Thank you. Corrie: Okay. I will entertain a motion, then, to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Motion made and seconded to close the Public Hearing on Item 10. All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? Motion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no discussion, I would move that we approve the request for the -- I don't know if you modify it or just completely -- just approve the Final Plat as submitted. What's the date on this one? Of this, Brad? Hawkins-Clark: Councilman Bird, that's February 10, '03. Meridian City Council March 11, 2003 Page 19 of 43 Bird: The Final Plat as submitted on February 10th, 2003, for Fallon Greens Subdivision, formerly known as Hampton Inn Subdivision, by Pinnacle Engineers, southwest corner of South Allen Street and Gentry Way and for the attorney to draw up all the Findings of Facts and Concfusions of Law and Decision of Order and incorporate staff comments. Nary: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: MI 02-011 Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact for Packard Estates Dev., LLC by Packard Estates Dev., LLC - south of East Ustick Road and west of North Cloverdale Road: Corrie: Item No. 11 is a Public Hearing. This is a request to remove certain parcels in Dunbar Estates Subdivision from the City of Meridian's area of impact for Packard Estates Development, LLC, by Packard Estates Development, LLC, south of East Ustick Road and west of North Cloverdale Road. At this time, I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This item you have seen once before, so I won't go into a lot of the details on the area. You have received a recommendation from the Planning and Zoning Commission. It was received by the clerk's office March 3, 2003, Essentially, the request before you is to remove the property that is outlined on the screen from the Meridian city area of impact, release it to the City of Boise. The area of impact is shown on the screen here in a purple line, so, as you can see, it's at the extreme western -- or, I'm sorry, eastern boundary of the area of impact. There is two smaller out parcels here in the corner that are not included in the application for annexation -- I mean, I'm sorry, for area of impact boundary change. The property has Ustick Road on the north, Cloverdale Road is approximately one quarter mile to the east, Eagle Road, as you can see on this vicinity map, is approximately a half mile to the west. The City Council did remand this item back to the Planning and Zoning Commission for the main reason that it was determined after the Planning and Zoning Commission reviewed it the first time, that some of the sewer data was not received or not reviewed by the Planning and Zoning Commission, when it was determined that all of this property could potentially sewer into the South Slough. The City Council felt that was new information that the Planning and Zoning Commission should have had and so you remanded it back. They did review it with that information and did not change their recommendation, they are still recommending that the property be removed from the City of Meridian area of impact and that is -- that's the recommendation that's before you tonight. You also should have in your packets a {" Meridian City Council March 11, 2003 Page 20 of 43 memo from our Fire Chief Ken Bowers. He was asked to do a little bit of looking after the hearing in January before this body to determine fire district services and he is here if you have questions for him on that, but, as I understand it, essentially, the three large parcels that are shown here, the middle property is in the city of -- or, I'm sorry, the rural fire protection district. The northern property and the southern parcel are in the north Ada county fire and rescue district. There is, as you know, a fire station -- substation number three being -- soon to be constructed on North Locust Grove that Chief Bowers states is able to serve this area in a timely manner once that substation is constructed just north of Ustick on Locust Grove Road. There are other issues with regards to city services and, again, when we are talking about an area of impact boundary adjustment, the State Land Use Planning Act gives a little bit of guidance -- nothing real concrete. It talks about determining trade area. It talks about geographic issues -- geographic boundary issues. And, then, the reasonableness of annexation. And I think in many ways that's what we are talking about here tonight is what is the reasonableness of annexation for this property and, therefore, what's the reasonableness of extending services to it. The City of Boise is currently contiguous to this property. They could annex to the City of Boise. The City of Meridian's current -- the closest annexation is shown here in purple on the west side of Eagle Road. That's the Carol's Professional Center. Public Works can speak more to this if they'd like, but, as you know, the South Slough extension will bring city sewer, within the next few months, to the east side of Eagle Road. As you can see, that would still involve somewhat of an extension of a trunk line in order to actually flow to this property. As I understand the testimony given by Becky McKay at the Planning and Zoning Commission meeting, the City of Boise is not prepared to act on this until they understand that the City of Meridian is willing to release this property. So, they are basically waiting for the City of Meridian to make some decision on this. And, then, finally, I'll just point out that you have received also tonight in writing in the record a letter from Attorney Gary Allen, who has written on behalf of Mr. Allen Dirkheimer and that letter is submitted to you, dated March 11th. Thanks. I think that's all staff has at this point. Corrie: Any other staff comments? Questions for staff? Is the applicant here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? McKay: Yes, sir. Corrie: State your name and address, please. McKay: Becky McKay. Business address 150 East Aikens, Suite B, Eagle. I'm representing the applicant in this matter and I was too afraid to submit any written comments, so I'm winging it. I will keep this brief. I think we made our formal presentation before the Council here a month or so ago. If you recall correctly, the information that -- the preliminary sewer information that was submitted to the applicant and myself was in error. That information was presented to the Planning and Zoning Commission. It was felt by this Council that they made d their decision to recommend that this parcel be removed from the impact area on that information and you remanded us back. We did go back to the Commission, I laid the facts out on the table for the Commission, they discussed it in length concerning the possibility of annexation pathway to this property, the proximity of Boise City sewer, and the ability of Boise City Meridian City Council March 11 , 2003 Page 21 of43 to provide sewer and to gravity to their existing sewer, the availability of United Water in this area. The Council asked me to -- and the staff to do some research and find out as far as -- more information on the services. I did talk with John Lee at United Water. He said in this Cloverdale-Ustick corridor that they have probably one of their best service areas as far as being able to provide adequate 1,500 GPM to meet fire department requirements. There was absolutely no problem. Boise City gave us a conceptual analysis for the sewer, indicating that this could gravity to Boise City. You have received a memo from Chief Bowers indicating that at this time the closest station is over at Ten Mile just south of Ustick. However, there is -- Fire Station NO.3 will be built and will be approximately two and a half miles from this property. Currently, Boise City has a fire station located at the intersection -- it would be the north -- or the -- excuse me -- the southwest corner of McMillan and Cloverdale Road. So, this is McMillan. This is Cloverdale. Boise City's fire station is located on this south -- excuse me -- southeast corner. This is your Ten Mile station just between Ustick and Cherry Lane. The subject property from Boise City station is approximately about one and a quarter to one and a half miles, depending on which route you take. Just to refresh your memory, there is approximately 72 acres. The property -- 20 acres, in addition to the 72, lies in Boise City's area of impact and fronts out on Cloverdale Road. The applicant is requesting removal from the impact area. He asks that the Council take into consideration the availability of services that are there at this time. The difficulty in extending the services from the Eagle Road. Easements would have to be acquired through unrelated properties to get to this parcel. A pathway of annexation would have to be found in order to get to this parcel, since it is on the eastern fringe of your impact boundary. His engineer's estimated cost for extension of that sewer along the South Slough -- which the South Slough would gravity sewer all of this property -- was estimated around 250 to 300 thousand. And that's just -- that's just a rough figure. Water would be extended in Ustick Road. You currently have a 12-inch line out there in front of Summer's Funeral Home and, then, water would have to, obviously, be extended to this parcel to and through. A question that was brought up at the Planning and Zoning Commission was the ability to loop the water, if this property were to be developed, if the sewer was extended and an annexation pathway was found, how would this be looped back into the system. If there were an inability to loop it at the time of development, then, would there be adequate capacity in that dead end system to service the property. I don't think Mr. Freckleton gave a clear answer, but maybe the Public Works staff that's here this evening could. I think you have the facts. This is a tough one and all we can do is lay those facts out on the table and let you guys make a decision. As Mr. Hawkins-Clark indicated, the City of Boise has made it quite clear that they have absolutely no interest in this, unless the City of Meridian is willing to give it up. If so, they would gladly service the property and incorporate it, since we do abut the city limits along our north boundary at Heather Meadows and, then, along our eastern boundary next to Dawson Meadows. But if the city is opposed to that, then, they have no interest at all. It's a tough question. Like I said before, this is a single-family residential development type parcel. It's not commercial. One other issue that was weighed at the Planning and Zoning Commission was the tax revenues generated by this type of development when you compare what it costs the city to provide services to the parcel. The Planning and Zoning Commission in their discussions decided that the information that they have received in the past, that they barely break even, depending on, obviously, the value of the homes and the density and so forth. And so they didn't see that this particular piece of property had benefit to the city as far as financial benefits. Do you have any questions? Meridian City Council March 11, 2003 Page 22 of 43 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Ms. McKay, did you see Mr. Allen's letter? McKay: Yes, sir. Nary: Okay. And he raised a question about your client, essentially, buying a hardship by buying property across both the -- across the boundary lines. One of the issues here is that -- doesn't your client own this property over here somewhere? McKay: Yes, sir. That parcel right there. Nary: And that was part of the rationale for asking to move into Boise is that they own these portions over here. McKay: Correct. That was one -- that was owned by one property owner previously. Yes, sir. Nary: Now, what Mr. Allen raises in his letter -- and I guess I just want your thoughts -- is that, essentially, this hardship of having property across the boundary line issue is, essentially, created by your client by purchasing them both, knowing that these were not -- these parcels were already separated by this line. This is not splitting a parcel, these were already parcels that were split; is that not correct? McKay: I don't believe that's correct. It was owned by one property owner. Nary: Okay. McKay: There are, I believe, three parcels. Mr. Groves could probably address -- Mr. Groves would probably be best to address that. But my understanding from the property owner -- and she's testified, I think, here at the Council once and Planning and Zoning Commission, their property fronts on Cloverdale and, then, extends up to the west across that impact boundary and so the impact boundary did, indeed, split their property. But to answer your question, obviously, when Mr. Groves was looking at this parcel, he was aware that that impact boundary was there. I mean it's on every map, so I cannot dispute the fact that that boundary is known. Yes. But it does -- like I said before, the impact boundary does not reflect ownership, it just goes at that quarter mile, boom, that's the way it is. Nary: Thank you. Corrie: Becky, I have a question. You said all of the land west of that purple line is sewered by gravity. McKay: To the South Slough. Meridian City Council March 11, 2003 Page 23 of 43 Corrie: And as it goes towards Boise they'd have to use a pump stations? Lift stations? McKay: No, sir. Corrie: How would they gravity? McKay: They gravity -- there is a trunk line out in Ustick Road, an existing Boise City trunk line, that services Heather Meadows to the north. So, if Brad just extends that arrow westward -- just a little bit more. That's Heather Meadows right over there. So, Boise City's extended a trunk line or the developer of Heather Meadows has extended a trunk line in Ustick Road. There is also a trunk -- there is also a sewer main, an eight- inch sewer main, in Autumn Leaf, which is the subdivision to the south. Right there. There is a stub street there. This property would go gravity north, gravity south. There is a lift station in that cul-de-sac of -- right there. Of Autumn Leaf. And that is a lift station that was installed by the Autumn Leaf developer that has capacity and that's what Dawson Meadows already has it's -- it sewers through this property. So, a Boise City sewer line has already been built through those 20 acres. So, if you extend -- I'll show you here. Here is that stub street here and you can see a Boise City sewer main has already extended through these 28 acres in gray that's within their impact area, to service Dawson Meadows. This part -- all this property will gravity sewer into that stub street and go into this lift station here and lifts back. This property sewers to the south, all of this sewers up to Ustick Road. Boise City's public works has analyzed it. So, for this particular property if the question is would a lift station be required, the answer is no. Corrie: Thank you. Any other questions? Okay. Thank you. Is there anyone else that would like to testify for this project? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Groves: Yes. Corrie: Name and address, please. Groves: My name is Craig Groves. Address 3920 East Shady Glen Court in Ada County. Mayor, Members of the Council, obviously, your decision tonight is really a political decision. I'd like to address your question on the parcels here. First of all, we have an option agreement to purchase the property fronting Cloverdale Road -- fronting Clover -- down there. From there all the way over to the black line on the west. Okay. Then, go completely north passed the street to there. Okay. It's roughly 55 acres. Okay. The ground originally, dating back into the early '90s, was owned by one family. When mother and father passed away, brother and sister split the property along Granger Road there. The owners of the property desire to, you know, start their retirement plans and would like to sell the property to one developer. Obviously, we want to develop the property in all -- as fast as we possibly can. We have some serious concerns about the City of Meridian's ability to provide services to this property. In the early '90s there was an application requesting the same thing. I think it was in '91, '92, maybe. At that point, the property could have worked into the City of Boise. Meridian said, no, we will do it. Okay. So, you know, it's been over ten years and we'd like to -- we'd like to develop the property and we have a concern as to how we are going to -- how we are going to Meridian City Council March 11, 2003 Page 24 of 43 annex it. Okay. And if we could get the easements to extend the sewer to the property at considerable expense, would this Council allow us to do that without an annexation path or would this Council do forced annexation. Those are some of the issues I'd like you to weigh. Thank you. Corrie: Thank you. Any questions? Anyone else to issue testimony in favor? Okay. Testimony against. Gary Allen. Allen: Thank you, Mr. Mayor, Members of the Council -- oh, I'm sorry. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Allen: Yes, it is. Corrie: Thank you. Allen: Thank you, Mr. Mayor, Members of the Council. My name is Gary Allen. My address is 277 North 6th Street in Boise. I'm here representing Allen Dirkheimer, who is a property owner who owns the two parcels of property that are down to the south and west, just beyond that little jog right there and the little parcel above it. Our letter omits that second parcel, but the important thing is that this parcel does adjoin the parcel that's seeking to be removed tonight and that will be important later on when we talk about that. Mr. Dirkheimer opposes the removal of this property from the area of impact. The removal of a property from the area of impact shouldn't be done lightly. It disrupts other property owners and the area of impact needs to be a stable, long-term planning tool for the city. We have presented a letter expressing our concerns and I'd like to give you a couple highlights. As the staff mentioned, the criteria for setting the area of impact and changing it are the trade area, the geography, and the reasonableness of annexation. The trade area here clearly points towards keeping this property in Meridian, but most of the trade would be done over on -- off of Eagle Road and I think that the biggest draw from a regional standpoint would be the Meridian Crossroad Center, as the staff has pointed out. As far as geography goes, your area of impact line follows a logical line parallel to Cloverdale Road. There is no other particular geography that differentiates this from other property along Cloverdale. And as far as the cross boundary issue goes, I'm -- I started working on this project on Friday, so forgive me if there is some of the details that have escaped me, but even if there are some of the parcels that have -- that cross the boundary between Boise and Meridian, there still is an assemblage here -- and they are trying to draw everything into -- you know, into this, even though at least some of these parcels have been in -- within the Meridian area entirely. Now, look at the reasonableness of annexation. I think this is really at the heart of it. From Meridian, the services that would serve this parcel are close by or already available. The sewer is digging its way across Eagle Road, as we speak at some considerable expense to the city, no doubt. The water is already there at some level. And fire and police protection are already available. The applicant has spoken in terms of, you know, if it remained in Meridian how do we get easements and find a pathway of annexation. I'll say right here that my client is willing to provide both across his parcel at this point. So, that shortens the distance considerably to get this parcel connected up with the City of Meridian. Now, also the area of impact boundary is not that far away, Meridian City Council March 11 . 2003 Page 25 of 43 particularly on the south. My understanding is it's right across Eagle Road on this -- towards the south end of this property -- or even the south end of this property. What is important here, I think, is that what you're doing tonight is you're going to weigh a short- term benefit to this developer versus what's the impact on other property owners in the city? Now, if you read the Planning and Zoning transcript, it appeared clear that there would be stranded investment from the South Slough if this property were allowed to leave Meridian. That is, you wouldn't be able to recover all of the costs of the South Slough, because part of that was expected to be this parcel. The same issue occurs with individual property owners, My client, for example, if he wants to develop his property in Meridian, he now has to bear a larger cost to bring that sewer line over to his property, which would have anticipated that that would have been shared among a larger -- a larger group there. So, we see some very significant problems in letting somebody out, especially on a piecemeal basis. There are a couple little remnant parcels. It's pretty unclear what happens to them if this piece gets cut out. And so it simply disrupts your investment, it disrupts other property owner's expectation, it simply, to me, does not seem like a close call in terms of weighing the equities in this matter. Now, as we mentioned in our letter, if we -- if my client -- or if this applicant is allowed to leave, we are going to want to leave, too, and there may be other properties that want to leave Meridian, because this becomes a very difficult area to develop. So, we think the best answer is leave everybody in, let's find a way to find those pathways and we don't think that's an insurmountable issue, but if you are inclined to let this property go, don't do it piecemeal, defer this application and, then, decide where you want to draw the line and where it makes sense to draw the line and, then, go negotiate that with Boise and Ada county. Failing that, if you approve this, we will be here asking to be removed and to be able to take advance of what they are going to be able to do with Boise. We don't think that's the best way, but we think that's the way we are going to be forced to go in the event that you let this property go. I just want to make a point about whether -- it seems pretty unclear to me, having just reviewed the record, whether the services have been provided in ten years or not. As it appeared from the Planning and Zoning record, that the clock started in 1997 and I'm not exactly sure how that worked, but the applicant is now saying that it started in -- may have started as early as 1990 or '91. I haven't reviewed the record in that kind of detail to know that. But we can all say that it's close now and that it's not going to be long before it's going to be possible to service this property. So, with that I would stand for any questions. Corrie: Thank you, Mr. Allen. Questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Allen, I guess I have got a couple of questions. I have a hard time following what you're saying about your property -- your client's property here, if this piece were to become part of Boise, that it would, then, be more economically viable for your client to pay to bring a sewer line from this side of Cloverdale to there versus this side of Eagle Road to here. I guess I'm not sure -- and the other question I have is just looking at parcels -- and one of the issues we have had presented to us a number of times is Meridian City Council March 11, 2003 Page 26 of 43 that that impact boundary line wasn't drawn in relation to any parcels at all. It was just drawn on the map and in just looking at this parcel map, I mean it appears that this seems like a parcel line right here and so it seems like there is a more natural boundary that already exists, it just happens to be your client that is on the edge of it, but that exists here. So, tell me why this wouldn't be a more natural boundary if we were to look at that one time -- only doing it once and, then, negotiating with Boise City, but why wouldn't this simply be the better boundary line, then, if that's the case? Allen: Well, I think it's -- number one, is if -- to answer your first question with regard to the sewer. I mean the sewer is going to come all the way through that parcel, so it should be immediately adjacent to us relatively soon, if this is allowed to go into Boise. So, it's going to be immediately adjacent, as opposed to across Eagle Road. Nary: You're talking about the sewer over here? Allen: Right. Nary: Okay. Allen: Right. As far as the natural boundary line, I would say that, you know, what they have done is they have attempted to create a new natural boundary line there. You know, that boundary line that you pointed to is -- you know, doesn't exist, unless they are allowed -- unless they do what they want to do. I mean the boundary for the northern parcel is, in fact, over at your -- at your line, as I understand it. So, see, there are three different parcels. Nary: I understand. But this particular -- I mean -- and maybe I'm just reading this wrong. This appears to be a parcel right here; correct? So, the parcel -- so, the western boundary of this parcel is right there. This one is right there. This piece, which isn't being asked to move right now, is right there. This subdivision, which, from the way I'm reading this map, is not in the city; right? This is in the county. So, this is all boundary line for this subdivision, it ends right here on this half mile line. This is a half-mile right between Eagle and Cloverdale and this is the parcel that has the turf farm and PAL Soccer on it, so -- Allen: Yeah. Well, I mean -- Nary: So, I mean the boundaries -- it appears that these boundaries along the half-mile seem to match up. So, I guess -- Allen: Well, with the exception of that little --I mean who knows what that parcel-- Nary: Except for this piece right here. Allen: Yeah. Exactly. Nary: The boundary for that parcel is right there. That's -- this is the parcel; right? Meridian City Council March 11, 2003 Page 27 of 43 Allen: Yeah. But that's not unusual for the half mile line to define the edge of parcels, but you have chosen the quarter mile line. Nary: I understand that. Allen: That's where you put your boundary. Nary: I understand that. But your argument was that that boundary made sense. We have had lots and lots of people say it doesn't make any sense. So, I was just curious as to your position as to why this half-mile doesn't make more sense. It does follow the boundary line all the way down. Allen: I think it makes as much sense to put it on the quarter line as the half mile line, particularly because you have made the investment to bring the sewer line over there. So, I think you ought to stick with what you have. That's what everybody's been counting on. Now, you know, to some extent the half-mile line is a natural boundary, but, well, hey, why don't we draw it at the three-quarter mile line? At least for this top part. I mean you're right at the edge of your area of impact. You could cut it down at the three quarter mile line and across just as well. Why not do that? Nary: Well, three quarters from here is right there. But three quarters from here is -- Allen: Well, one-quarter mile -- now, I'm talking about just cutting the corner off. I mean that would be one way to do it. Nary: You cut from Eagle -- or, I'm sorry, one quarter over from Eagle. Right there. Straight down and, then, across over to -- no, you don't -- draw it there, just cut straight across over to whatever that is. Is that Leslie or -- yeah. That seems just as natural to me, especially when you look at the way you have done this around here. But I still think the best answer is leave it like it is. That's what everybody's been counting on. Corrie: Thank you, Mr. Allen. Any other questions? Bird: I have none. Corrie: F.A. Belcher. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Belcher: Yes. Corrie: Thank you. Name and address, please. Belcher: My name is Fitzroy Belcher. I resided at 2920 Duane Drive, which is just west of the area we are talking about, in one of the two and a half acre parcels. My concern is that if this is allowed to go to Boise, that puts us up against Boise and without the sewer coming south of us and the water coming around and going to serve that, when are we ever going to get water and sewer? Are we just going to remain an isolated chunk of the county inside of Boise? There is some question raised at Planning and Zoning that they did not want to bring sewer from Boise -- from Meridian down Ustick Meridian City Council March 11, 2003 Page 28 of 43 Road, because it would parallel the existing one for Heather Meadows and the South Slough was the sewer line of choice. Now, I understood from Planning and Zoning, from staff that they intended to bring the sewer across Eagle Road on the north end also to service that portion sometime in the future. My concern is that where does that leave us? Our area of recharge for shallow wells in this area is the area that is going to be developed. When are we going to get water? Thank you. Corrie: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Belcher? Corrie: Mr. Belcher, could you come up here one more time? Could you come up one more time? I'm sorry. Nary: All I wondered, Mr. Belcher, is just where is your property located? Is it in this middle section here? Belcher: Yes, it is. Nary: And it's approximately where? Belcher: On the east side of Duane Drive, go up -- oh, come down. One more. Down. That parcel right there. Nary: Okay. Thank you. Corrie: Thank you. Virginia Belcher. All right. Is it Steven -- is it Richardson? I don't have anything for or against here. And Clinton Richardson. Richardson: We were on the list. I thought you just had to sign in. Corrie: Okay. It's quite all right. You're welcome. Is there anyone else that would like to testify at this time? Okay. Becky, did you have any answers? There seemed to be a lot of questions, but -- do you have anything? McKay: I just have a couple of comments. I don't know if I have answers to all these questions, but I can comment. Mr. Allen's brought up the issue of self-interest as far as the property owners are concerned. Obviously, development of the property would benefit the potential buyers of the subject property. However, by leaving it in the City of Meridian and forcing an easement to be acquired across Mr. Dirkheimer's property or another developer extending services through Mr. Dirkheimer's property, would, obviously, benefit Mr. Dirkheimer. So, self interest does run both ways. They talked about if this parcel was released from this impact area, that they want to come in right behind them and I know that's always been one concern of the Council if we -- if we allow one, then, who will be next. But the issue has to be serviceability. In Boise City's Meridian City Council March 11. 2003 Page 29 of 43 analysis, based on the information that I received from John Johnson, one of the city engineers, the sewer along this western boundary of us is at 4.05 feet and 3.85, so we are at the minimum as far as getting our cover and the extension of the Boise City sewer any further west, according to Mr. Johnson in conversation in the meeting I had with him, would be impossible. They couldn't gravity sewer anything further west. We are here at their limitation at the subject property's western boundary. So, that is always a concern that the cities take into effect. Boise City doesn't like lift stations any better than the City of Meridian, as far as the cost to the city and the taxpayers, for the maintenance, and, then, the long-term issues of those lift stations. Concerning the question about the impact boundary and the establishment of that, I was at Ada county when that impact boundary was done and I started in Ada county in 1990 and in 1992 and '91 that impact boundary discussion with Boise City and Meridian and that dispute was taking place, so this boundary is not something that was established in 1997. Mr. Belcher, as far as service down Duane Drive, even if this subject property were developed within the City of Meridian, we wouldn't be extending services down Duane Drive. You use see, you know, extension of water in Ustick, which would put it a little closer to Duane Drive, run across their frontage, but they would have to extend it or the city would have to pay to extend it down Duane. There are no stub streets out of Duane Drive going to the east, so we have no ability to take water into their property and, then, take it into the subject property, if you follow me. Do you follow me? You're kind of squinting. Corrie: I follow you, but I think your statement is wrong, and I will ask you why. McKay: Okay. They bring it across their frontage, but not south on Duane Drive, unless Mr. Dirkheimer's property were to develop and, then, the city, Public Works, found that to be the appropriate route for extension of water. That may be a possibility. I think we have laid the facts on the table and it's a political decision and it's up to the Council. This is not easy and I think we just have to look at it from a practical perspective and weigh the facts. Thank you. Corrie: Let me make a comment, Becky. I believe I was Mayor whenever the area of impact was finalized and that had to be 1996. In 1990 I know they were talking about it, because when I was on the Council in '92 they were still talking about it and we finally made the agreement with the county commissioners that -- and Boise agreed to this and Meridian agreed to it and the county commissioners agreed to it, what could be sewered by gravitational would be where the lines are and when that line was drawn down that part of it there, that was part of it and they agreed to that. So, that's my only contention is that this was not in 1990, this had to be in '96 or '97. We aren't ten years after that. McKay: Mr. Mayor, when did the discussions start? They started back in '91, '92, because there were -- Corrie: I'm sure they did, but they didn't do anything until '97. McKay: There were -- correct. Corrie: So, they had ten years -- Meridian City Council March 11, 2003 Page 30 of 43 McKay: The adoption by Ada county of your Comprehensive Plan, you're correct, was delayed considerably, but the discussions and disputes and the line going to be drawn at this point started back like in -- I remember early meetings in '91 and '92 there was still many discussions going on. And you're absolutely correct that they were trying to draw that line where each jurisdiction could feasibly sewer and where each jurisdiction didn't have to double up their services in a public street and that's why that quarter mile was picked, because Boise City said we didn't want -- if we picked Cloverdale, we had Meridian sewer and Boise sewer and Meridian water and United Water all in Cloverdale and that was one -- one concern that they had, But, nonetheless, even through those aerial photos we still find that there -- some of that data was not completely accurate when we do the ground topos, because those aerial topos, that was determined from -- we find are between two and five feet off, depending on which aerial photo and what particular area. We can't use them for design. They are not that accurate. Corrie: Well, 1-- McKay: So [ understand and you are correct, Corrie I did an awful lot of sweating blood in this thing on the area of impact. McKay: You did, sir. Corrie: And I'm not inclined to give anything away and much less this much and I think personally -- after this is over I will give my opinion. Thank you. McKay: Yes, sir. It was a long, drawn-out process, you're absolutely right. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think to set things straight, this area of impact was set up in the late '80s and Meridian went to Cloverdale and Chinden and down and, then, we -- and, then, we had some political ball game going on and we lost all the area around Centennial and -- because our school district went out there and built a school out there with no sewer, the whole thing, and Boise had no problems putting in a bunch of lifts. So, the Mayor is a hundred percent right, this agreement we are under right now -- and this isn't the original impact area, this was started in about '96, '97, and it was agreed upon in '97, the area of impact. The original Meridian's area of impact was Cloverdale to Chinden, down Chinden all the way and through our school district and some political stuff in the '80s -- the early '80s, we lost it all. So -- and I'm like the Mayor, ['m not giving anything up that I don't have to. Corrie: And we may go through some court battles. McKay: Yes, sir. [ remember that. It was not a fun time for either jurisdiction. Corrie: Okay. Thank you. Meridian City Council March 11, 2003 Page 31 of 43 McKay: Thank you. Any other questions? Okay. Okay. Council, any other discussion at the Public Hearing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: There was some discussion about the water service and I heard someone use the term looping the water around or something and I wonder if Brad could -- because I'm just not clear what that -- if someone could help me with that. Watson: Sure. Council Member Nary, Mayor, and Council Members, you directed us when this was last before you to do some water modeling, because the question came up and we gave you a blank stare and said I don't know. So, we have done some water modeling. What it shows is that if we run that line on Ustick Road into this subdivision, that -- and loop it around the south to Eagle Road, we have a fire flow of around 2,150 GPM. If we don't have loop on the south, it's almost 1,900. Nary: Bring it this way? Watson: Right. That's the ideal situation is to loop it around there. But even if we don't, then, the hydraulic model indicates we are well over the minimum fire flow. Corrie: Any other discussion? Thank you. Hearing none, I will entertain a motion to close the Public Hearing. De Weerd: So moved. McCandless: Second. Corrie: Motion made and seconded to close the Public Hearing. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? Nary: Go ahead. Corrie: I mean hearing no discussion, I will -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think I have probably pretty much said what I strongly believe during the last Public Hearing. When the area of impact agreement was renegotiated and, yes, Meridian lost some significant land in that agreement, our staff really started doing some Meridian City Council March 11, 2003 Page 32 of 43 modeling and a lot of planning on how to get services to those areas and I just think it's not good planning and there is always going to be these situations and we have to deal with them on an individual basis, but it doesn't make sense. I think since I have been on Council we have been working aggressively trying to get the South Slough across Eagle and it's finally done -- if this would have happened three or four years ago, I could see a better argument, but we finally got there and so it just -- it's almost self defeating. So, I do not support losing this area and the piece of property up in the northeast corner -- I know he doesn't have an interest in going into Boise and, essentially, he wouldn't have any other choice and I just feel that we drew the lines, we have a commitment and the staff has been working very diligently to meet that commitment. We are almost there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: This one I think it's been said by everybody is very difficult. I think Mr. Groves and the property owners there have brought this forward to us more than once. I mean we -- he brought it during the discussion of the Comprehensive Plan, they brought it forward on this application, they have taken it back to P&Z twice. There are a lot of reasons -- I mean what they say makes a lot of sense as to why it could be developed easier in Boise at this time. But that's not what our ordinance requires. Our ordinance doesn't require that we find that it's easier and we had a discussion earlier tonight about an area south of the freeway that doesn't fit into our -- it is in our area of impact, it isn't quite on the same level of development as this area is, and we discussed removing it from our impact area. In fact, I think we all kind of said that. So, we, obviously, don't just lightly look at these things and we really do like to consider them pretty strongly and felt in that area we may have a reason to. But in this one I would agree with Council Member de Weerd, I just don't see that I could make these findings that our ordinance talks about in regards to what belongs in an impact area. You know, we look at those three things as in the staff report. Talking a trade area. Well, obviously, there is tremendous amount of development in Boise to the east, but this Crossroads area is developing continuously and this area here eventually will, because it's just too large not to, and this Eagle and Ustick area is all now I think within the City of Meridian and where it's three or four at the time, the geographic is probably fairly neutral, as is stated in here, and the reasonableness of annexation, again, I think there are paths here. It is not as easy, I would agree, it is not as easy as what exists in Boise, but I would agree also with Councilman Bird that there is a reason we have these lines and it may seem very unfair to folks and to folks that would like to sell right now, but that line has been there for years, so it isn't that that it's a secret, I mean it's always been known that this was in Meridian and I can't -- I just can't, in good conscious, make the findings that we would need to find to move it. It is easier, but easier isn't the answer, and I just don't see that. Corrie: Any other comments? Okay. I'll entertain a motion, then, for the request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council March 11. 2003 Page 33 of 43 De Weerd: I move we deny the request to remove certain parcels in Dunbar Estates Subdivision from the City of Meridian's area of impact for Packard Estates Development, LLC, and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Motion has been made and seconded to request motion to deny. Any further discussion? Hearing none, Mr. Berg, roll call vote. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion to deny is approved. MOTION CARRIED: ALL AYES. Item 12: Discussion of South Eagle road Improvements at 51. Luke's (East Magic View) Widening and Center Median: Corrie: We will now go into the -- back to the pre-Council meeting agenda. Item 5 is discussion of South Eagle Road Improvements at Sf. Luke's East Magic View, Widening and Center Median. At this time, Gary, are you prepared to do a report? Smith: Thank you, Mr. Mayor and Council Members. The memo in your packet that I submitted to you on March the 6th concerns a -- I guess an analysis or some information presented to you as a result of a phone call I received from a designer at ITD concerning the development of plans for widening of the east side of Eagle Road from the 1-84 westbound off ramp to Franklin Road. Part of this widening project, which was presented to you at a workshop in August of -- the end of August of 2001, part of this widening project also concerns the installation of a raised median in the center of Eagle Road from approximately the intersection of the westbound 1-84 off ramp to a point just north of Magic View Drive. The question that was posed to me by the designer at ITD was what is Meridian's position in the construction of this median -- of this raised median. The project appeared before you at a time long enough ago that I responded to her I wasn't sure and I needed to bring it back to you. I did talk to Mayor Corrie a little bit about it and she is developing a concept plan for this project and this concept plan development will provide a document for their field crew to use in the field for surveying purposes and obtaining information on existing facilities that are there. The consequence of constructing a raised median I have stated in -- at the top of page two of my memo. It would be very similar to the situation -- well, not -- somewhat similar to the situation that existed at -- on Kuna-Meridian Road between Overland and the eastbound off ramp of 1-84 were a raised median was constructed to prevent left turn traffic exiting the access for JB's and the Texaco station for northbound on Kuna- Meridian Road. Numerous numerous traffic accidents at that location and that was justification for construction of that raised median. Police Chief Worley echoed some serious concerns about the safety of the traveling public on Eagle Road, not only the northbound traffic trying to make a left turn into Magic View, but also Magic View traffic -- eastbound Magic View traffic attempting to make a left turn onto Eagle Road. So, the action requested is for Mayor and Council decision on the proposed construction of a Meridian City Council March 11. 2003 Page 34 of 43 raised center median in Eagle Road from the signalized intersection at 1-84 westbound off-on ramp to a point slightly north of the intersection of Magic View Drive and Eagle Road and that decision is requested to include authorization for issuance of a letter from the Mayor's office to ITD so stating the decision. Can I answer any questions that you might have concerning that proposal? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I don't have a real problem with it at all. I just want to know where are all these people going to go complain? To the Highway District? Because I have a feeling they are going to have a concern about it. But I understand the safety and all of that. I think it makes sense. But all of these people built this business to attract this traffic, so -- Smith: Yes. Yes. That's right, Councilman Nary. Nary: This is the Highway District or ITD's project, they are just asking if we are in support of it. Smith: That's correct. Yes, sir. De Weerd: We will give them our liaison. Nary: But I can't think of any other reason to be opposed to it. I have tried to get out here and make a right and people -- even when it has a no left turn sign I think right here, people still try to turn left and the stop traffic and the stop light is probably the best place to safely do that. So, I think it's -- I think it makes perfect sense. I just know that most of these people will have some concerns about access to the business, but -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I agree with Councilman Nary, but also I think, you know, you can still use Magic View for right in, right out. Smith: Yes. Bird: Which is what it should be anyway now and it's supposed to be, but it's being -- it's being not used that way. The last couple of months I have had occasion to go to St. Luke's quite often out there and so I'm getting to know it, so -- but I -- the light being put in I think was the best thing that ever happened around there and down there and I'm all in favor of it. I think the Mayor ought to get a letter sent out saying that we support it wholeheartedly. De Weerd: Is that a motion? Bird: I would make that a motion if that's what you need. Meridian City Council March 11, 2003 Page 35 of 43 De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Further discussion? I would like for the record to say [, too, am very much in favor of this, because not more than about two weeks ago you almost had a new mayor sitting here, because I almost got clobbered. I mean if it wasn't for that guy's air brakes, I would have been in the happy land. So, I will be happy to write the letter and I have got it already templated on desk in the morning. So, are there any further discussions? Kenny. Bowers: Mayor and Council -- is it on? Okay. Mayor Corrie, correct, they would probably put a median right down the middle there. The only problem we would have is when we develop or construct this fire station down here, we will probably have to go all the way up and to the light and come back, but it is safer to go through a light, than trying to turn into right here. That's correct. My biggest concern would be if there is an auto accident right here, how do we get to it? We will have to go against traffic or come up here and make a turn in this intersection and go back -- that's the only concern we would have. But putting a divider there is going to be a lot safer. It is. Bird: Mr. Mayor? Corrie: I was going to say Chief Bowers, I have across the ambulance going the wrong way on the wrong side of the road and everybody stops and moves out of the way and -- if you see a fire truck coming at you, you're going to move, so that's the only-- Bowers: That would be the only concern I would have. Bird: I don't have any problems with our fire trucks and stuff doing that. Corrie: My first thought sitting on the EMS board of directors, I was going to have something to say, but, then, he couldn't get down the other side of the street at all. Bowers: That's true. Corrie: Transportation is one of the big issues in Meridian now. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. I will get the letter out tomorrow. MOTION CARRIED: ALL AYES. Item 13: Discussion of Blakeslee& Associates Letter: Corrie: Okay. Let's see. Discussion on the Blakeslee & Associates letter. I believe you all have that -- a copy of that letter; is that correct? Okay. Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council March 11, 2003 Page 36 of 43 De Weerd: I just thought it was an item that we committed to last year and that I know staff is still working at setting some processes in place to respond to the feedback that they did get, but it would be nice to initiate a more formal process to get updated on specific items and I know she interviewed over close to 110 customers that -- I think at some point it would be important to even touch base with them and let them know what our staff has been doing in response to this. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would agree and this is part of the whole process that we had brought her in to do and these follow-ups are very important. In fact, I believe she's still doing follow-ups on Boise's on a yearly basis -- outside the contract to make sure that they are staying on their schedule and that. And I'm like Councilwoman de Weerd, I think this is something that we need to follow up with or we have only done -- we have only done part of our -- what we wanted done out of this survey and we definitely need to follow up. Now, whether we need it on an interim basis is something we need to decide, but I would like to see one good follow up from the outside people, plus the staff. And I think the staff would, too. Smith: Well, Mr. Mayor? Corrie: Mr. Smith. Smith: If I can make a couple comments, since we got beat up kind of on this. I don't know whether the Council knows what we have been doing and I would -- what I would suggest, what I'd like to do is to prepare a short report to you and let you know what we are doing, what we have done, what we have anticipate to continue to do, short of going back out to get public comment again, I'd like for you to see what has been happening and, then, maybe make a -- make another -- or set another time for -- to reconsider this recontact. And I don't disagree that it's -- that it's -- I'm not disagreeing that it's -- I got two double negatives -- I got a double negative here, but-- Nary: So you do agree. Smith: A double negative is a positive, isn't it? I do agree that we need to continue to make contact, but it hasn't been that long since we had the results. I think that the sparks flew in September and -- or late August. But, anyway, those are my thoughts that -- and, believe me, we have been working on the points that were raised and I would like to give you something in a formal manner that outlines what we have done. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: And, Gary, I believe that's what I'm asking for is more follow-up, so we know what is being done, and I think it's important that you communicate to them that you're Meridian City Council March 11 , 2003 Page 37 of 43 responding to those issues and, you know, I guess not being so directly involved, I didn't think -- I thought a lot of positives came from that survey and -- Smith: Well, there were, yes. De Weerd: And it did give a tool to maybe even address the perception and it's just another communication tool. So, I think it's a very positive exercise, because I do think you have been doing a lot of very positive things and it's important that the community knows what those are. Smith: Councilman -- Mayor and Council, I think they do know what we have been doing. I don't think that you have been receiving negative comments -- and just as a point, I personally took copies of our standard specifications, both hard copies and disk, and visited each one of the engineers and architects that commented to us in the survey. Many of them were surprised to see my shiny face and I thought that was good. I was well received. Nobody threw any stones at me when I entered. Some of them still had some concerns and we talked about them. But I did make that personal visit and I wanted to do that and I don't think there was more than probably a dozen that I made out of the references that I had provided to Dawneen for contact. So, it wasn't that big of a deal. But that's just one thing that we did do and I think it was -- it had a positive impact. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary -- and I agree with you a hundred percent, I'd like to see you follow up with a deal, but I also would like to see Dawneen go out and ask some questions, too, of staff stuff and to the outside, because you guys weren't the only ones. We -- you know, we weren't exempt. Council and Mayor was not exempt. So, you know, we have got to make sure we are doing it a little better on our part, too. And there were other departments. I have seen a tremendous change in all departments. I have seen a tremendous change and I think it's great. But we need this one follow up, I firmly believe. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess the -- I would concur with what's been said, Gary. I think there has been a tremendous positive that we have seen over the last six months and I think we have all heard those positive things, but we pay -- you know, we pay the consultants for a pie and this is the last piece of that pie. It's a follow-up to make sure that all those processes that were suggested and those that we like and those that we don't like, we have that conversation and, then, we move forward. What I'm afraid is that if we don't, then, the perception will still be by some people that we hired a person, we got some information, and some things happened, some of it good, some of it maybe we don't know and, then, we just sort of let it lay and just let it sort of die, instead of saying let's complete it. You know, we started -- we didn't anticipate the last time we talked to Mrs. Meridian City Council March 11, 2003 Page 38 of 43 Blakeslee in October or whatever it, was that we were done. We anticipated there would be more. I think that we -- you know, we have a half an hour work session, try to, you know, do a 5:30 thing just on this topic, maybe even 45 minutes. Do this in open session. You discuss that with her prior to that. Brad talk with her prior to that. What have you done? Get her input. You know, we paid for expertise and we didn't get all of it yet. I mean we want to get it. It's not -- you know, I think -- what I'm hearing from you and what I think maybe the concern is by some folks is that -- of the negative things that were dealt with and now I think we are looking at what's the positive things. The negative stuff is behind us. Everything has been very good and positive and I think we want that expertise that we also are paying for with a consultant to say, yeah, these are great, this is good, let's go forward, here is some suggestions, here is an organization that -- here is how other people have dealt with some of these things. It looks like we have dealt with plenty of them. Maybe there are still people out there who don't see that. Maybe there is a way to know that. I think Councilman Bird is absolutely correct, you know, the Mayor and the Council weren't immune from the comments. So, I don't think we are looking for another study, I think we are looking for what do we do now. We may have done most everything, but I think that's just the last piece of the puzzle that we need to finish to get it done with and, then, go forward. Smith: I appreciate your comments, Councilman Nary. I just wonder if six months is adequate time to say we have got everything taken care of. I don't -- I guess I'm not -- I'm still pretty sensitive about it, in reality. I really am. I mean I still remember taking that report home and reading it and not sleeping that night. Seriously. I mean it had a great impact on me. And as many positive things that were said, the negative things really stuck, much more than the positive things did. Even though Oawneen came out and talked to us as a group afterwards and reiterated on the positives, it was still that negative part of it that was hanging in there and it was because I felt like we were doing a good job, that we were trying hard, we were working hard, you know, but things were falling apart in some areas. There was one thing that I wanted to do that we haven't been able to accomplish yet and that was to do some direct billing for the subcontractors, so they didn't have to come in and pick up permits and pay for them all the time, that they could do this electronically, we could bill them, and eliminate them having to make a trip in. We haven't been able to get the software from our building permit provider and, you know, as I checked this -- in fact, just today I checked again and it's due by the end of March. So, there are some things that we haven't been able to accomplish. Not many, but there are some things. You know, I have got some other thoughts that I wanted to pursue about moving the building department to a more accessible location in the same building. So, I just don't know that the time has -- enough time has past -- so, do you get to a point where too much time has past and nobody remembers the questions that were asked and -- I don't know. I'm just -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary -- and you're a hundred percent right. I mean if you have ten good things written and one negative, the one negative sticks in your mind. Smith: Yes, sir. Meridian City Council March 11, 2003 Page 39 of 43 Bird: And, don't kid yourself, you weren't the only one that didn't sleep at nights. You have five people here that were pretty -- having some pretty tough times, too, on it. But I don't think there is a single person sitting in this city or sitting up here that would expect you to do a 180-degree turn around in one year. You're attempting and doing a great job. We are not getting the complaints anymore -- or at least I'm not. And that means a lot and I think if you wait too far down the line, like you said, they forget it. And I don't -- I think we are basically -- we are almost a year into this, really. It's not a year since we got the thing, but it has been a year since she -- almost a year since she started the program, so -- and I don't know how soon she can start. It might be this summer before she was to start doing that stuff. We don't know. But it's like Councilman Nary said, we haven't got the finished product that we paid for. Smith: May I ask, Mr. Mayor and Council, was that part of the scope of her contract? Was that to -- Bird: To do follow-up, go back and -- Corrie: To do follow-up, but it's going to cost us. Now, let me -- let me tell the Council. Gary and I are meeting about every two weeks on these things. Gary and his department have done a lot of changes. I haven't received the phone calls negative. I've had a lot of phone calls that were positive. In this letter it said informal internal follow up and, that's fine, I think we need a final follow-up. I agree there. My only question is how much is it going to cost to have this follow up and also would require additional training. We are spending another 35,000 dollars on this very training now and I'm skeptical about how much we are going to add more on Mrs. Blakeslee. I think we do need some follow up, but we don't -- it wasn't in her -- the fee has already been paid for what she did. Now this is a follow up. And I think that we better, you know, just see how much we need after Gary gets his report, how much follow up we need and, then, set a price on this, because it can get very costly and I don't want us to see it that way, because we have already got additional training coming down the road for 35,000 and we don't need to pop that again. So, that's the only thing that I -- I really want to be cautious about that, because -- not that she doesn't do a good job, I don't mean that, but I just don't want to go spending more money on something that we -- Bird: Well, I don't believe we need the training from her. I want the follow up. That's what I want is the follow up. The training is being done, I guess, from somebody else, but -- Corrie: Just how formal do we want the follow up. That's what I -- Bird: Well, I don't think it has to be that formal. Corrie: I don't either. I don't either. Nary: All I wanted was that we have a work session, have it as part of our pre-Council session, but, you know -- but for Mrs. Blakeslee to be able to give us some advice of any kind, she's going to have to meet with Gary, she's going to have to meet with Brad, and probably because part of that discussion that was had earlier was having some Meridian City Council March 11, 2003 Page 40 of 43 type of training, she is probably going to talk and see what the training is, so she can give us some idea as to, okay, things have gone good, we have done all these positives, there is all of these things -- if we don't want to do follow up out in the 110 people, we don't have to. That's okay. But I think that's just a conversation. I think that's just our discussion. If she's got other thoughts to give us as to other training, she can tell us what those are. We don't have to fund them tomorrow. I mean we have to work it in our budget and how we do that. If she has other suggestions internally how we can improve, great. I mean that's what I guess I'm thinking of as follow up and that's what __ that's closure to me of this -- of this particular survey that was done. That doesn't necessarily mean we are going to do anything more with her, other than get that level of follow up. We may like what she has and we may want to do a lot more things. I don't know. Again, we have to look at it cost wise. But I think that's really alii was thinking is a half hour, 45 minutes of our pre-Council we could dedicate to just doing that and having that conversation, but prior to that she's probably going to have to meet with the departments, so that she can get a better assessment, rather than just sitting here. De Weerd: Mr. Mayor? Corrie: Well, I agree that they need to have the follow-up, but cost wise it's important for us to -- De Weerd: I appreciate that. Corrie: Tammy. De Weerd: Just a final comment and to just build on a little bit of what Bill has said, the workshop -- so we know what you're doing and so we can acknowledge that and communicate it as well. But this is just a communication tool and even if we said a six- month follow up just to show what you have done -- I realize, Gary, that you don't change the world in a day and hardly sometimes a year. But I think it's important and they probably already realize it, but that they get that kind of contact and it's something that we committed to as well when we first went into it and I will tell you what, I have been highly impressed with the integrity of Brad Watson, yourself, and Brad Hawkins- Clark in this whole process and you really need to be commended for it. I went to a program the other day at the Kiwanis, we had our mid year convention, and he mentioned, you know, you can hear all the positives in the world and that one negative will totally overshadow anything that was nice -- that was nice said. And I think the scale really tipped to the positive side. So, I do want you to keep in that mind. But the way you have handled it has been beyond reproach and I really commend you for that, you and your staff, as well as P&Z. It's been a real positive external experience in seeing what the outcomes coming out of your departments are. Smith: Thank you very much. I appreciate those comments. Corrie: Gary, I, too, want to say the same thing, because I have had a lot of contractors, builders, call my office and I have told you guys this before, but there has been nothing but positives come out of this whole thing. I have had not one negative, that it's all where we are going. So, again, I echo Mrs. de Weerd, we are on the right track and I agree with them, we need to have some follow up here to see just how we are doing, Meridian City Council March 11, 2003 Page 41 of 43 where we are going, but my thought is we don't need to spend a lot of money and I don't think you need to and Mr. Nary said what we needed to do and I think that's exactly right. So, with that I will shut up. Five minutes update on -- De Weerd: Do we need a motion for that? Corrie: No. Nary: Just as follow up. And so are you, Mr. Mayor, going to work with them so we can maybe have that work session? Corrie: I will see if I can get it set for next week. Nary: Great. Item 14: Update on Amending the Fence Variance Ordinance: Corrie: Update on amending the fence ordinance -- variance ordinance. Brad. Hawkins-Clark: Let's see, Mr. Mayor. Okay. I guess, yeah, Will listed that on the agenda. I didn't realize this was on. But, essentially, your staff would like to amend the subdivision ordinance to eliminate the fence variance committee and have that process be done at staff level and we would like your support in that and if you would give us the go ahead, we will amend the ordinance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think Council Member McCandless was against this proposal. I think. McCandless: I don't think so. Corrie: I think I heard an amen down at the other end down there and I -- De Weerd: I'm sure. Corrie: -- the whole thing is -- McCandless: Two years is enough. Corrie: Shall we -- would you like to have this ordinance placed on the agenda, then? Nary: Does it have to go to P&Z or has it already been -- Bird: It has to go. Hawkins-Clark: It does. Meridian City Council March 11, 2003 Page 42 of 43 Corrie: It has to go. Nary: Okay. Hawkins-Clark: It does propose Councilwoman McCandless as the sole committee person. Bird: Yes. By ordinance. Nary: When you said staff level review, that's what you meant. I understood that. McCandless: You guys aren't nice at all. Corrie: So, Mr. Berg, if you will see that this gets on the P&Z's meeting, okay? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we go into Executive Session per Idaho State Code 67-2345(1)(b). Nary: Second. Corrie: Okay. Motion made and seconded. Roll call vote, please. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Five minutes. (Enter Executive Session 9:22) De Weerd: I move we come out of the executive session. Bird: Second. Corrie: Motion has been made and second to come out of executive session. Any further discussion? Hearing none. All in favor say aye. Let the record show no decisions were made in the executive session whatsoever. I will entertain a motion to adjourn. De Weerd: So moved. McCandless: Second. Corrie: Motion to adjourn. All those in favor say aye. Adjourn is approved at a quarter till 1 O. Thank you. Meridian City Council March 11, 2003 Page 43 of 43 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: .4- / ;;tz,-/ C3 DATE - - Item Packet Pickup MEETING DATE: March 11, 2003 City Council March 7, 2003 AZ 02-028 MERIDIAN CITY COUNCIL MEETING March 11, 2003 APPLICANT Howell-Murdoch Development Corp. ITEM NO. --4-A REQUEST Findings - Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Springs North Subdivision - south of West McMillan Road and west of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached FIndIngs vu O1pP Contacted: Date: Phone: Materials presented at public meetings shall become property of fhe City of Meridian. RECEIVED t~AR 0 5 2003 City Of Meridian Oil;y Clerk Office BEFORE THE MERIDIAN CITY COUNCIL CIC 02-25-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 81.54 ACRES ) FOR PROPOSED CEDAR SPRINGS ) NORTH SUBDIVISION, LOCATED ) ON THE SOUTH SIDE OF W. ) McMILLAN ROAD, lf4 MILE WEST ) OF N. MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) HOWELL-MURDOCH ) DEVELOPMENT CORPORATION, ) APPLICANT ) Case No. AZ-02-028 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 February 25, 2003, at the hour of7:00 p.m., and David McKinnon Planner II for the Planning and Zoning Department, Darin Fluke, and Kevin Howell, 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 99 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 81.54 acres in size and is located on the south side ofW. McMillan Road, 14 mile west ofN. Meridian Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Platming Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho, and Chukar Estates, LLC, 4487 N. Dresden Place, Suite 102, Boise, Idaho 83714. The applicant is Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho. 5. The property is presently zoned RUT (Ada County), and consists of vacant land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential District) and L-O (Limited Office). 7. The subject property is bordered to the north and east by rural residential and agricultural properties, to the south by Cedar Springs Subdivision, to the west by rural property and Baldwin Park Subdivision. 8. The Applicant proposes to develop the subject property in the following manner: Cedar Springs North Subdivision, 197 building lots (184 new single family detached, 1 Townhouse, and 12 office), on 81.54 acres. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as follows: Medium Density Residential and Office. The northwest comer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) of the parcel is designated as Office or High Density Residential. 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 Wendel Bigham, Joint School District No.2, in a letter dated November 4,2002. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation and Zoning Comments 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat application, including a non- development agreement on Lot 18, Block 13-which is the area designated for a future single-family attached project-until an appropriate application is approved for the project. The DA shall also include a temporary building restriction on Lot 4, Block 13 to prohibit building on this lot until the construction ofthe roadways in phase two of the subdivision to allow for emergency vehicle access to McMillian Road. The density calculation for Lot 18 Block 5 shall consider the entire Cedar Springs North Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct 5-foot concrete sidewalk abutting McMillan Road located 2-feet within the right-of-way. Ifthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2, Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct North Summit Way as a collector. Construct North Summit Way as a collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 4. Provide a minimum of2l-feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480- feet north of the south property line, as proposed. Staff is supportive ofthis location. Install a sign at the terminus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTUREII. 6. Construct West Stone Pond Drive to the west property line approximately 830- feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTUREII. 7. Extend North Portage Avenue from the south property line approximately 400- feet west of the east property line, as proposed, 8. Extend North Rhodes Avenue from the south property line approximately 100- feet east of the west property line, as proposed. 9. Extend West Yosemite Drive to the west property line approximately l70-feet north of the south property line, as proposed. 10. Extend West White Sands Drive to the west property line approximately 1,170- feet north of the south property line, as proposed. 11. Construct 6-knuckles without center islands within them, as proposed. 12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 13. Construct a roundabout on North Summit Way approximately SOQ-feet south of McMillan Road, as proposed. Design the roundabout with a 21-foot street section on either side of the center island without driveways accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Construct a shared driveway to be located on North Summit Way approximately 260- feet south of McMillan Road, as proposed. 15. 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. 16. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study, 17. Other than the access points specifically approved with this application, direct lot access to McMillan Road and North Summit Way is prohibited. These restrictions shall be noted on the final Plat. 18. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road 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. FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and tW0 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 llI-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Deparbnent. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible-construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. This may affect the landscape islands in Block 15 Lot 1, they may have to be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight load of 70,000 pounds will be required to access the project from McMillan Road. The road will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water mains will need to be extended north of Meridian Road and west on McMillan Road. E, Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are 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 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. FrNDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTrNG APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) G. Adopt the action and/or comments of the City Council taken at their February 25, 2003 meeting as follows: 1. Based upon the testimony at the February 25,2003 hearing, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the OwnerIDeveloper, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer! ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 13. It is found that the requested zoning designation, R-8 and L-O, are harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map. The northwest corner of the parcel is designated as Office or High Density Residential in the Comprehensive Plan. The proposed office park generally follows the area designated for office on the Future Land Use Map. The remainder of the parcel is designated for Medium Density Residential (3 to 8 dwelling units per acre). The single-family detached area (61.56 acres) has a density of 3.6 dwelling units per acre after subtracting out the common open space (11.33 acres). The single-family attached area (11.57 acres) is proposed to have a density up to 10 dwelling units per acre. While in isolation, this area could be considered to exceed the allowed density, if the entire project is factored together, the overall density would be just over 4 dwelling units per acre, well within the range allowed by the Comprehensive Plan. In addition, the Comprehensive Plan states that the applicant may request a "one step" increase from medium to high density without a formal Comprehensive Plan Amendment. It is supported that the proposed densities meet the intent of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) Comprehensive Plan. 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 detached, single family attached, and office areas will be allowed within the requested R-8 and L-O zones. 16. It is found that the land to the south and west is being developed in a manner similar to the proposed subdivision. It is also found that the requested zoning designation of R-8 is harmonious with the recently approved adjacent development (Baldwin Park), also zoned R-8, and may be rezoned in the requested manner. ACHD has reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). 17. It is found that the proposed uses (single family residential and office) are designed appropriately to match with the existing and intended character of the general vicinity. Any change in the existing character of the area is in harmony wi th the intended future land use envisioned by the Comprehensive Plan. 18. It is not anticipated that the proposed residential and office uses will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties, Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) ( 20, It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare, 21. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is also that traffic and noise will increase with the approval of this subdivision; however it is felt that the amount generated will not be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off of McMillan Road will create new traffic on surrounding roads. However, it is not believed that the subdivision entrances will cause significant interference on the surrounding public streets. 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. 24. It is found that the annexation of this property would be in the best interest ofthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to 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 9 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. 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 Medium Density Residential (R-8) and Limited Office (L-O) are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) defined in the Zoning Ordinance at S 11-7-2 D and G 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 of the City is required. AND (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-Q District is designed to act as a buffer between other more intense nonresidential 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. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 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 ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRlN"GS NORTH SUBDIVISION (AZ-02-028) 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 81.54 acres to Medium Density Residential (R-8) and Limited Office District (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 81.54 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 Planning and Zoning and Engineering staff as follows: Annexation and Zoning Comments 1. Remove any existing domestic wells and/or septic systems within this project from their domesfc service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat application, including a non- development agreement on Lot 18, Block 13-which is the area designated for a future single-family attached project-until an appropriate application is approved for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) The DA shall alsc: include a temporary building restriction on Lot 4, Block 13 to prohibit building on this lot until the construction of the roadways in phase two of the subdivision to allow for emergency vehicle access to McMillian Road The density calculation for Lot 18 Block 5 shall consider the entire Cedar Springs North Subdivision B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct 5-foot concrete sidewalk abutting McMillan Road located 2-feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet ofright-of-way, as proposed. 3. Construct North Summit Way as a collector. Construct North Summit Way as a collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 4. Provide a minimum of21-feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480-feet north of the south property line, as proposed. Staff is supportive of this location. Install a sign at the terminus of the roadway stating that, ITTHIS ROAD WILL BE EXTENDED IN THE FUTUREIT. 6. Construct West Stone Pond Drive to the west property line approximately 830-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, ITTHIS ROAD WILL BE EXTENDED IN THE FUTUREIT. 7. Extend North Portage Avenue from the south property line approximately 400-feet west of the east property line, as proposed. 8. Extend North Rhodes Avenue from the south property line approximately IOO-feet east ofthe west property line, as proposed. 9. Extend West Yosemite Drive to the west property line approximately 170-feet n011h of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 10. Extend West White Sands Drive to the west property line approximately 1, 170-feet north of the south property line, as proposed. 11. Construct 6-knuckles without center islands within them, as proposed. 12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds. 13. Construct a roundabout on North Summit Way approximately 500-feet south of McMillan Road, as proposed, Design the roundabout with a 21-foot street section on either side of the center island without driveways accessing the roundabout. Dedicate sufficient right -of- way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff, 14. Construct a shared driveway to be located on North Summit Way approximately 260- feet south of McMillan Road, as proposed. 15. 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. 16. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 17. Other than the access points specifically approved with this application, direct lot access to McMillan Road and North Summit Way is prohibited. These restrictions shall be noted on the final Plat. 18. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORiJER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 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 #195, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix Ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that an yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. This may affect the landscape islands in Block 15 Lot 1, they may have to be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight load of 70,000 pounds will be required to access the project from McMillan Road. The road FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDNISION (AZ-02-028) will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water mains will need to be extended north of Meridian Road and west on McMillan Road. E, Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan reviewlinspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) degradation. H. Adopt the action and/or comments of the City Council taken at their February 25, 2003 meeting as follows: 1. Based upon the testimony at the February 25, 2003 hearing, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group, Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements, 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 and (L-O) Limited Office 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 9 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 ofthe governing body of the City of Meridian. Pursuant to Idaho Code 9 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 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 Iff. I - day of ll1aAcii..; ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED$a.- COUNCILWOMAN TAMMY de WEERD VOTED~CL.- COUNCIL WOMAN CHERIE Mc CANDLESS VOTED#-~ COUNCILMAN WILLIAM L.M. NARY VOTED$:::- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: $-I(~tJ3 VOTED - MOTION: . APPROVEI~i~ISAPPROVED: B. 4'ttt~~~/().ted $--12-03 ~lerk -r FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) March 7,2003 PP 02-027 MERIDIAN CITY COUNCIL MEETING March 11, 2003 4,5 APPLICANT Howell-Murdoch Development Corp. ITEM NO. REQUEST Findings -- Request for Preliminary Plat approval of 197 building lots and 33 other lots on 81.54 acres in proposed R-8 and L-O zones for proposed Cedar Springs North Subdivision - south of West McMillan Road and west of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached FindIngs F tvf~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED MAR 0 5 2003 City OfMericlian City Clerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR CEDAR SPRINGS NORTH SUBDIVISION FOR 197 BUILDING LOTS AND 33 OTHER LOTS ON 81.54 ACRES LOCATED ON THE SOUTH SIDE OF W. McMILLAN ROAD, ~ MILE WEST OF N. MERIDIAN ROAD, MERIDIAN, IDAHO BY: HOWELL-MURDOCH DEVELOPMENT CORPORATION, APPLICANT CIC 02/25/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-027 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 February 25,2003, and David McKinnon Planner II for the Planning and Zoning Department, Darin Fluke, and Kevin Howell, appeared and testified, and the City Council having received a report from Steve Siddoway Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Tec1mician 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 "CEDAR SRlNGS NORTH SUBDNISON MERIDIAN, ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION 1 (pP-02-027) 1 COUNTY, IDAHO, PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKEDBY: GAL, PROJECT NO. 11846, SHEET 1 OF 8, REVISED 01/07/03 PER P&Z COMMENTS ON 01/02/03, HANDWRITTEN DATE: 2-11-03, OWNER-DEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORP., J-U-B ENGINEERS, INC.", Howell- Murdoch Development Corporation - Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason ofthe fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for armexation and zoning to R-8 and L-O is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 D and G] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development ifthe plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION / (pP-02-027) 2 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 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 ofthis approval drawing of the preliminary plat herein designated as: "CEDAR SRINGS NORTH SUBDIVISON MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKEDBY: GAL, PROJECT NO. 11846, SHEET 1 OF 8, REVISED 01107/03 PER P&Z COMMENTS ON 01/02/03, HANDWRITTEN DATE: 2-11-03, OWNER-DEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORP., 1-U-B ENGINEERS, INC.". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDNISION I (pP-02-027) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "CEDAR SRINGS NORTH SUBDNISON MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKEDBY: GAL, PROJECT NO. 11846, SHEET 1 OF 8, REVISED 01107/03 PER P&Z COMMENTS ON 01/02/03, HANDWRITTEN DATE: 2-11-03, OWNER-DEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORP., J-U-B ENGINEERS, INC.", Howell-Murdoch Development Corporation - Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. The applicant shall either add one stub street connecting Black Rock Drive to Lot 18, Block 13 so that the future single-family attached phase is connected to the single-family detached phases of the project or provide access to Lot 18, Block 13 via McMillian Road, All other stubs are recommended as proposed and approved by ACHD. 2. The applicant shall be allowed to let the Settlers Canal and the White Drain remain untiled. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments / Preliminary Plat 1, Sanitary sewer service to this site shall be via main line extensions from the newly installed White Drain Trunk. This development shall be subject to sanitary sewer latecomer fees to reimburse the City for extending sewer service into the area. The latecomer fees for each lot shall be due and payable upon signature on final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMlNARY PLAT CEDAR SPRINGS NORTH SUBDIVISION / (pP-02-027) 4 2. Domestic water service to this site shall be via main line extensions from mains being installed adjacent to the property. 3. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Settler's Irrigation District. Revise the plat to show how the system is going to be served (ie 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 connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application of the final plat. Permanent perimeter shall be required around the subdivision unless the City agrees in writing that such a fence is not required. 6. In accordance with MCC 12-13-10-8, Applicant shall provide detached sidewalks adjacent to McMillan Road. 7. If depth to groundwater becomes an issue in this subdivision and DEQ, or other regulatory agency, requires impermeable surfacing in the storm water detention areas, such areas shall not be counted toward the required open space calculation. 8. Unless a waiver is granted by Council, the applicant shall be responsible to tile all irrigation ditches, laterals, and canals per MCC 12-4-13.1. 9, Additional micro-paths shall be depicted on the landscape plan and constructed between Lots 14 & 15, Block 12 and between Lots 4, 5 & 6 Block 6. A detailed landscape plan will be required with any application for Final Plat. Note: The Landscape Plan does not show any sidewalks, but sidewalks shall be required, per Site Specific Comment #6 and General Comment #6 of this report. 10. Applicant shall submit ground water monitoring data to the Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 5 Department from the date of the initial investigation (9/29/00), to current. 11. Add or revise the following preliminary plat notes: · Add a note to the face of the plat limiting solid fencing adjacent to micro-path lots to no more than four (4) feet in height per the Meridian Landscape Ordinance. · Add a note the face of the plat regarding the dedication and maintenance ofLotl Block 1, Lot 1 Block2, Lots 1 & 10 Block 3, Lot 29 Block7 and Lot 19 Block 13. 12. Lot Dimensions: Lot line dimensions for parts of Lot 11 Block 13, Lots 6, 7, and 8 Block 12, Lots 4 and 5 Block 7 and Lot 16 Block 6 are missing from the plat and must be added to the revised preliminary plat. Furthermore, Lot 22 Block, 12 does not meet the minimum lot frontage requirement for lots on a cul-de-sac (40') and shall be revised to meet the minimum requirements ofthe MCC for lot frontage. 13. Ten (10) copies of a revised plat sball be submitted to the City Clerk's Office for this application. GENERAL COMMENTS 1. Submit a copy of the Ada County Street Name Committee1s approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 7. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDNISION I (pP-02-027) 6 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. 8, All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 9. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas ( detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 10, 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. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. 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. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation, C. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPlUNGS NORTH SUBDIVISION / (pP-02-027) 7 Site Specific Conditions of Approval 1. Construct 5-foot concrete sidewalk abutting McMillan Road located 2-feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct North Summit Way as a collector. Construct North Summit Way as a collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, 4. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480-feet north of the south property line, as proposed. Staffis supportive of this location. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct West Stone Pond Drive to the west property line approximately 830-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, l1THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend North Portage Avenue from the south property line approximately 400-feet west of the east property line, as proposed. 8, Extend North Rhodes Avenue from the south property line approximately IOO-feet east of the west property line, as proposed. 9. Extend West Yosemite Drive to the west property line approximately 170-feet north of the south property line, as proposed. 10. Extend West White Sands Drive to the west property line approximately 1,170-feet north of the south property line, as proposed. 11. Construct 6-knuckles without center islands within them, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDMSION / (pP-02-027) 8 12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds. 13, Construct a roundabout on North Summit Way approximately SOD-feet south of McMillan Road, as proposed. Design the roundabout with a 21- foot street section on either side of the center island without driveways accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Construct a shared driveway to be located on North Summit Way approximately 260- feet south of McMillan Road, as proposed. 15. 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. 16. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 17. Other than the access points specifically approved with this application, direct lot access to McMillan Road and North Summit Way is prohibited. These restrictions shall be noted on the final Plat. 18. 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. FINDIN"GS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMlNARY PLAT CEDAR SPRlNGS NORTH SUBDIVISION / (pP-02-027) 9 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 #195, 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 DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELWINARY PLAT CEDAR SPRINGS NORTH SUBDNISION I (pP-02-027) 10 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 subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D, Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration 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 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. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide, This may affect the landscape islands in Block 15 Lot 1, they may have to be posted ''No Parking Fire Lane". UFC 902.2 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION / (pP-02-027) 11 10. Building setbacks shall be per the Building Code for one and two story construction. 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight load of70,000 pounds will be required to access the project from McMillan Road. The road will cross the Lemp Canal and access the proj ect across lots 4 & 19 in Block 13. E. Adopt the Recommendation of the Meridian Water Department as follows: 1. Water mains will need to be extended north of Meridian Road and west on McMillan Road. F. Adopt the Recommendations of Settler's lirigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4, The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre- construction meeting. G. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application is required by the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDNISION I (pP-02-027) 12 H, Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are 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 stormwater management system that prevents groundwater and surface water degradation. 1. Adopt the action of the City Council taken at their February 25,2003 meeting as follows: 1, The applicant shall submit a Plan to the Planning and Zoning Department for their approval and which Plan shall show what type of amenities shall be placed upon the open spaces. By action of the City Council at its regular meeting held on the day of JnWLcl~ , 2003. III:!:- ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~'- COUNCIL WOMAN McCANDLESS VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 13 COUNCILMAN NARY VOTED f/o'-' MAYORROBERTD~CO (TIE BREAKER) - ",\lUIl""JI111 Copy served upon Applicant, The Planning and Zoning Department, Public~~l$f ME"~III// Dep~'it and City Attorney. /' rf r"""-h ~'\ By~P~1 9'- Dated: J-/t~03i ~ <'(, ~ ~~ ; n ~ Z:\Work\M\Meridian\Meridianl 5360M\CedarSprings North Sub AZ-O:2-<J28 PP-G2-G27\FfClsOrdPP,doc ~ ')9~ # J % "'a ~r 1'51" . '" i' $ ,,~ .r.~ ...,$' "'''I: f.\..... w.r...u' '\... "... "I~~oI(" ~ '<' "" llJl.u, if in~ i ,;\ \' VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 14 " March 7, 2003 V A R 03-003 MERIDIAN CITY COUNCIL MEETING March 1 1, 2003 APPLICANT Howell-Murdoch Development Corp. ITEM NO. 4-v REQUEST Findings -- Request for a Variance to allow blocks 7, 9, and 13 to exceed 1,000 foot maximum block length for proposed Cedar Springs North Subdivision -- south of West McMillan Road and west of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~ MPr& Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED MAR 0 5 2003 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF HOWELL- ) MURDOCH DEVELOPMENT ) CORPORATION, FOR A VARIANCE ) TO ALLOW BLOCKS 7, 9 AND 13 TO ) EXCEED THE 1,000 FOOT ) MAXIMUM BLOCK LENGTH IN ) THE PROPOSED CEDAR SPRINGS ) NORTH SUBDIVISION, LOCATED ) ON THE SOUTH SIDE OF W. ) McMILLAN ROAD, Y.1 MILE WEST ) OF N. MERIDIAN ROAD, ) MERIDIAN, IDAHO ) City Of Meridian Cii-y Clerk Office C/C 02/25/03 V AR-03-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on February 25,2003, and David McKinnon Planner II for the Planning and Zoning Department, Darin Fluke, and Kevin Howell, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City o fMeri dian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTJNG A VARIANCE I V AR-03-003 HOWELL-MURDOCH DEVELOPillNT CORPORATION I CEDAR SPRINGS NORTH SUBDNISION Page 1 of 8 Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code ~~ 67-6509, 6516 and Meridian City Code ~g 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Howell-Murdoch Development Corporation, whose address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho. 4. The owners of the property are Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho, and Chukar Estates, LLC, 4487 N. Dresden Place, Suite 102, Boise, Idaho 83714. 5. The location of the subject property is presently located on the south side of W, McMillan Road, Y4 mile west ofN. Meridian Road, Meridian, Idaho within a present RT zone, with an R-8 and L-O requested. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds ofthis matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently agriculture. 8. The proposed land use of subject property is to develop the subject property in the following maimer: 197 building lots (184 new single-family detached, 1 townhouse, and 12 office), on 81.54 acres. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION I CEDAR SPRINGS NORTH SUBDNISION Page 2 of 8 district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision ofthe Meridian City Code, ~ 12-4-5, BLOCKS, and in the RUT zone, if granted the re-zone to R-8 and L-O, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (SOOt) nor more than one thousand feet (1,000') in length. 11. All property owners within three hundred feet (3001) of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that Blocks 7, 9 and 13 ofthe proposed Cedar Springs North Subdivision all exceed the 1,000 foot maximum block length. The site is relatively long and narrow (112 mile long by ~ mile wide). The subdivisions to the south and west have already been approved, locking in the location of the stub streets in those areas. The applicant has provided a total of seven (7) future road connections (i.e. stub streets and connections to existing roadways) to the properties surrounding the proposed Cedar Springs North Subdivision (3 to the west, 2 to the south and 2 to the east). The applicant has revised the preliminary plat per staffs recommendation to provide pedestrian pathways where the blocks exceed the maximum length to provide connectivity to surrounding properties. It is found that the proposed pathways within Blocks 7,9 and 13 will provide adequate access to surrounding developments and inner- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION I CEDAR SPRINGS NORTH SUBDNISION Page 3 of8 connectivity within the subdivision. Requiring the applicant to reduce block lengths by installing additional stub streets or connections would not benefit the city. It is also found that requiring additional stubs and/or connections would not be reasonable or practicaL 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property are as stated above in number 12, and it is found that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners or the applicant. Based on the nature and location of stub streets within the adjacent development it is found that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting the objectives of the Meridian City Code. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are as stated above in number 12 and number 13. 15. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. 16. It is found that the issuance of a variance(s) to allow the 1,000 foot block length maximum to be exceeded within the Cedar Springs North Subdivision in three different blocks will not have the effect of altering the purpose and interest ofthe Zoning Ordinance. This is based on the addition of pedestrian pathways breaking up the 1,000 foot block lengths thereby providing increased interconnectivity within the subdivision. 19. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION I CEDAR SPRINGS NORTH SUBDNISION Page 4 of 8 with any provisions of the Comprehensive Plan. 20. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 21. The granting of this variance will not have an effect of altering the interest and purpose ofthe Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 22. The applicant paid the fee established by the City Council for application variance. 23. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated January 27, 2003, wherein the applicant shall be required to comply with the conditions and requirements ofthe corresponding applications in this matter, Cases AZ-02-028 and PP-02-027, for the Cedar Springs North Subdivision. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code ~ 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code ~ 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION I CEDAR SPRINGS NORTH SUBDNISION Page 5 of 8 City Code ~ 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code ~ 67-6509, 6516 and Meridian City Code ~~ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code ~ 11-18-2, and the findings which are required are set forth in Meridian City Code ~ 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, ~ 12-4-5, BLOCKS, and in the R-8 and L-O zones, if granted the re-zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION I CEDAR SPRINGS NORTH SUBDNISION Page 6 of8 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: That the Applicant is hereby granted a variance from the 1,000 foot minimum block length requirement for blocks 7, 9 and 1 3 in Cedar Springs North Subdivision toe xceed the 1 ,000' maximum block length. Additionally, the applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter date January 27,2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-02-028 and PP-02-027, for the Cedar Springs North Subdivision NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code Section 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 a variance authorizing a variance of the Block Requirements in the R-8 and L-O Zones as provided in the Section 12-4-5 and may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the /1--11- {j - day of !J1M(/~ ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION I CEDAR SPRINGS NORTH SUBDNISION Page 7 of 8 ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. L. M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKE~ DATED: -/I-Os VOTED - MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. - - By:.-JI~P~I tJ City Clerk Dated: $-IZ -03 Z:\Work\M\Meridian\Meridian I 5360M\Cedar Springs North Sub V AR-03-003\FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION I CEDAR SPRINGS NORTH SUBDNISION Page 8 of 8 March 7, 2003 RZ 03-002 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. March 11, 2003 4--D ITEM NO. REQUEST Findings - Request for a Rezone of 3.66 acres from L-O to R-15 zones for proposed Scottsdale Villas Subdivision - West Alden Drive, southwest corner of West Franklin Road and Southwest 7th Avenue 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 Findings v.J!/ 0; rrf"! Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-25-03 IN THE MATTER OF THE ) REQUEST FOR REZONE OF 3.66 ) ACRES FROM L-O TO R-15 ZONE ) FOR SCOTTSDALE VILLAS ) SUBDIVISION, LOCATED SOUTH ) OF FRANKLIN ROAD ALONG S.W. ) 8TH STREET AND ALDEN STREET, ) MERIDIAN, IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) ) Case No: RZ-03-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 3.66 acres having come on for public hearing on February 25,2003, at the hour of 7:00 o'clock p.m., and Council having received the report of David McKinnon Planner II of the Planning and Zoning Department, and Bruce Freckleton of the Public Works Department, and David McKinnon Planner II for the Planning and Zoning Department, and Clint Boyle, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROY AL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 1 for two (2) consecutive weeks prior to said public hearing scheduled for February 25,2003, 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 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 February 25,2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67w6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the 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 3.66 acres in size. The property is located south of Franklin Road along S.W. 8th Street and Alden Street, Meridian, Idaho, and a copy of the legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPRO V AL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 2 5. The owner ofrecord of the subject property is Wolfe Commercial Enterprises, LLC, 1409 E. 1 st Street, Meridian, Idaho 83642. 6. The Applicant is Clint Boyle, Pilmacle Engineers, 12552 W. Executive Drive, Ste. B, Boise, Idaho 83713. 7. The property is presently zoned as L-O (Limited Office) and consists of vacant land. 8. The Applicant requests the property be rezoned as R-15 (Medium High Density Residential). 9. The proposed site is bordered to the north by Dreamland Daycare (L-O), to the south by single-family residential (R-4), to the east by the multi-family residential (R-8), and to the west by single-family residential (R-4). 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: 19 single-family residences and 2 common lots. 13. The Applicant requested rezoning of the subject real property as R-15. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the subject property as "Office". The requested R-15 zone appears to be in conflict with the land use designation, however, the L-O zone in the City's zoning ordinance states that "The L-O zone is designed to act as a buffer between other more intense non-residential uses and high density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 3 residential uses and is thus a transitional use", (MCC 11-2-2), furthermore, the Comprehensive Plan encourages residential infill to utilize existing services (pg 106). 14. There are no significant or scenic features of major importance that affect the consideration ofthis application. 15. The City Council recognizes the concerns of Wendell Bigham, Joint School District No.2, expressed in his letter dated December 4,2002. 16. In review of the application for rezone it is provided at Meridian City Code ~ 11-15-11for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 16.1 Thl: new zoning will be harmonious with and in accordance with the Comprehensive Plan; 16.2 The area included in the zoning amendment is not intended to be rezoned in the future; 16.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions ofthe conditional use process; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 16.6 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION J (RZ-03-002) - 4 16.7 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; 16.8 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; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning will be in the best interest of the City of Meridian. 16.2 Staff and Agency recommendations and/or conditions provide as follows: A. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approml 1. Construct driveways on SW 8th Avenue and Alden Drive to offset a minimum of 50-feet from any controlled and/or uncontrolled intersection. All driveways are to be constructed as curb cut driveways. 2. Pave the driveways to their full-required width (maximum of 35-feet) and to a point 30-feet beyond the edge of pavement ofSW 8th Avenue and Alden Drive. 3. Said Easement (See Plat Note # 15 of Scottsdale Subdivision) shall be placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are covered by a Storm Drainage Easement in favor of the Ada County Highway District for heavy maintenance of drainage facilities. Said Easement shall remain free of ail encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water facilities. Said Easement shall be placed on the plat of Scottsdale Villas Subdivision. 4. Replace unused curb cuts on SW 8th Avenue and Alden Drive with standard curb, gutter and 5-foot wide concrete sidewalk to match the existing improvements. 5. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 5 Standard Conditions of ApprOlu! 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 detaj Is. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OROER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 6 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1 ,000 gallons per minute shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. Approved fire department access roads shall be provided for all buildings or portions of buildings to within 150' of any point on the exterior wall of the first story. C. Adopt the Comments of the Meridian Water Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-1S FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 7 1. The water lines in this development were previously installed for commercial development. To convert to residential service lines would be difficult. 17. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "Office". The requested R-15 zone appears to be in conflict with the land use designation, however, the L-O zone in the City's zoning ordinance states that "The L-O zone is designed to act as a buffer between other more intense non-residential uses and high density residential uses and is thus a transitional use", (MCC 11-2-2), furthermore, the Comprehensive Plan encourages residential infiIl to utilize existing services (pg 106). The requested R -15 zoning is supported by staff as it will allow the transitional uses proposed by the developer to be approved as a conditional use. If the property were to remain L-O the proposed uses would be prohibited and a higher intensity use could be allowed at this location, reducing the efficacy of the land as a transitional property. In 1998, prior to the adoption of the new Comprehensive Plan, the property was rezoned from R-15 to L-O. 17. It is found that the proposed re-zone and accompanying development plans comply with the requested zone, and it is not anticipated that the property will be rezoned in the future. 18. It is found that the Applicant has submitted detailed development plans for the property; and that the development would be allowed with a conditional use permit in the proposed R-15 zone. 19. The recent denial of the two story apartment use on the western side of the subject property indicates that single story attached housing will be more compatible and will offer a better transition between the multi-family apartments on the east and the single-family units on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 8 the west. The R-15 zone would allow for this type oftransition where an L-O zone would prohibit the lower intensity uses such as the one proposed by the applicant. 20. It is found that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. The proposed uses are less dense than the uses to the east, denser than the property to the west and less intense than the office and daycare uses to the north. 21. It is found that the re-zone to R -15 should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the R- 15 zone may be disturbing to future or existing neighbors; however it is anticipated that the proposed development should not be disturbing to the area. 22. It is found that the proposed uses will be adequately served by all essential public services and facilities. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 24. It is found that the proposed R-15 zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 25. It is found that the proposed R-15 zoning will not interfere with general traffic patterns on any public streets. The re-zone from L-O to R-15 will actually decrease the generation of traffic on the existing street. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 9 by approval of this rezone. 27. It is found that the zoning amendment would be in the best interest of the City by allowing a property owner to make improvements to the property that would otherwise not be allowed without the re-zone. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Medium High Density Residential (R-15) is defined in the Zoning Ordinance at 11-7-2 E as follows: (R-15) Medium Hif!lz Densit:v Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi- family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R~15 FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 10 subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is i:l Gonformance with the Comprehensive Plan. 5. Idaho Code ~ 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development 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 ~11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. ~ 11-6-1 ZONING DISTRlCT MAP provides in part as follows: The districts estabhshed in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of 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. 9 11-l5-110fthe Meridian City Code GENERAL STANDARDS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 11 APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms ofthe following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new 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; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighborhlg 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 establishment of proposed zoning amendment shall be able to provide adequately any of such serVIces; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPRO V AL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 12 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 3.66 acres to construct 19 single-family residences and 2 common lots under the proposed R-15 zone, is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of AfJfJroml 1. Construct driveways on SW 8th Avenue and Alden Drive to offset a minimum of 50-feet from any controlled and/or uncontrolled intersection. All driveways are to be constructed as curb cut driveways. 2. Pave the driveways to their full-required width (maximum of 35-feet) and to a point 30-feet beyond the edge of pavement of SW 8th Avenue and Alden Drive. 3. Said Easement (See Plat Note # 15 of Scottsdale Subdivision) shall be placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are covered by a Storm Drainage Easement in favor of the Ada County Highway District for heavy maintenance of drainage facilities. Said Easement shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water facilities. Said Easement shall be placed on the plat of Scottsdale Villas Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION! (RZ-03-002) - 13 4. Replace unused curb cuts on SW 81h Avenue and Alden Drive with standard curb, gutter and 5-foot wide concrete sidewalk to match the existing improvements. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approml 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 proceJures 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 #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 14 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 plmmed 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire- flow of 1 ,000 gallons per minute shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. Approved fire department access roads shall be provided for all buildings or portions of buildings to within 150' of any point on the exterior wall of the first story. C. Adopt the Comments of the Meridian Water Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 15 1. The water lines in this development were previously installed for commercial development. To convert to residential service lines would be difficult. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (R-15) Medium High Density Residential (Meridian City Code ~ 11-7-2 E) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Depaliment shall prepare the appropriate mapping changes of the ufficial Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body ofthe City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial 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 /lJtfVtc;~ /1,2003. ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN de WEERD VOTED ~ COUNCILWOMAN McCANDLESS VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION I (RZ-03-002) - 16 COUNCILMAN NARY VOTED~~ MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 2-11-03 VOTED MOTION: ~ APPROVED: I DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By:JI~#~ ~ City Clerk Dated: 5-/2--"tJ;J ~""? !':>- :.. c,,.,. ,..0.::: -;:.")! ~"/ '- '\ '() .... ~ () ~Q'r 151 . ~O $ ~J~ Y; $" Z:\Work\M\Meridian\Meridian15360M\Sccttsdale Villas Sub RZ-03-D02 PP-02-029 CUP-02-045\FfsClsOrderREZdoc V"/,,/OO?lPST'{ , 'f;:;\\\\", ",.t, .. . ,,\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.66 ACRES FROM L-O TO R-15 FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 17 March 7 r 2003 PP 02-029 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. March 11, 2003 ITEM NO. -.4- - E REQUEST Findings -- Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.66 acres in a proposed R-15 zone for proposed Scottsdale Villas Subdivision -- West Alden Drive, southwest corner of West Franklin Road and Southwest 7th Avenue 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 Findings ~~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/25103 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SCOTTSDALE VILLAS ) SUBDIVISION FOR 19 SINGLE- ) FAMILY RESIDENCES AND 2 ) COMMON LOTS ON 3.66 ACRES ) LOCATED SOUTH OF FRANKLIN ) ROAD ALONG S.W. 8TH STREET ) AND ALDEN STREET, MERIDIAN, ) IDAHO ) ) BY: PINNACLE ENGINEERS, ) APPLICANT ) ) Case No. PP-02-029 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RECEIVED MAR 0 5 2003 C~ty Of Meridian CIty Clerk Office The above entitled matter coming on regularly for public hearing before the City Council on February 25, 2003, and David McKinnon Planner II for the Planning and Zoning Department, and Clint Boyle, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record ofthis matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT OF SCOTTSDALE VILLAS SUBDIVISION, A RESUBDIVISION OF SCOTTSDALE SUBDIVISION BOOK 82 PAGE 8916 A PORTION OF THE NEl/4 OF THE NW1I4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, SCOTTSDALE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION 1 (pP-02-029) 1 VILLAS SUBDIVISION PRELIMINARY PLAT WOLFE COMMERCIAL ENTERPRISES, L.L.c., HANDWRITTEN DATE: 15 NOV 02, DATE: 11-15-02, DRAWN BY: RGS, DESIGNEDBY: CLINT BOYLE, CHECKED BY: J.G. CARPENTER, P.R, PROJECT NO. C026018, SHEET PP-l, WOLFE COMMERCIAL ENTERPRISES, L.L.C.- OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.", Pinnacle Engineers-Applicant and Wolfe Commercial Enterprises, LLC-Owner, 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 L-O by Ada County, however, an application for annexation and zoning to R-15 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 E] 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 AFPROV AL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION / (pP-02-029) 2 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 ofthe proposed development within the City's Capital Improvement Program and ifthe conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, 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 of the preliminary plat herein designated as: "PRELIMINARY PLAT OF SCOTTSDALE VILLAS SUBDIVISION, A RESUBDIVISION OF SCOTTSDALE SUBDIVISION BOOK 82 PAGE 8916 A PORTION OF THE NEl/4 OF THE NW1I4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, SCOTTSDALE VILLAS SUBDIVISION PRELIMINARY PLAT WOLFE COMMERCIAL ENTERPRISES, L.L.C., HANDWRITTEN DATE: 15 NOV 02, DATE: 11-15-02, DRAWN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION / (pP-02-029) 3 BY: RGS, DESIGNEDBY: CLINT BOYLE, CHECKED BY: lG. CARPENTER, P.E., PROJECT NO. C026018, SHEET PP-l, WOLFE COMMERCIAL ENTERPRISES, L.L.C.- OWNERlDEVELOPER, PINNACLE ENGINEERS, INC." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT OF SCOTTSDALE VILLAS SUBDIVISION, A RESUBDIVISION OF SCOTTSDALE SUBDIVISION BOOK 82 PAGE 8916 A PORTION OF THE NEl/4 OF THE NWl/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, SCOTTSDALE VILLAS SUBDIVISION PRELIMINARY PLAT WOLFE COMMERCIAL ENTERPRISES, L.L.C., HANDWRITTEN DATE: 15 NOV 02, DATE: 11-15-02, DRAWN BY: RGS, DESIGNEDBY: CLINT BOYLE, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C026018, SHEET PP-l, WOLFE COMMERCIAL ENTERPRISES, L.L.C.- OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.", Pinnacle Engineers-Applicant and Wolfe Commercial Enterprises, LLC-Owner, is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIJ.v1INARY PLAT SCOTTSDALE VILLAS SUBDNISION 1 (pP-02-029) 4 1. Modify the "Preliminary Plat Findings and Requirements" on page 5 of the staff report, item "b" to end with the following phrase -"or modifications as deemed appropriate by the Public Works Department." Which b. now reads as follows: b. Staff finds public services (police, fire, water, sewer, etc. H) are available to accommodate the proposed subdivision. Existing commercial sanitary sewer and water services will need to be abandoned in accordance with City standards, and new residential sanitary sewer and water services will need to be extended into the proposed subdivision lots, or modifications as deemed appropriate by the Public Works. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (preliminary plat) 1. Sanitary sewer and water service to this site shall be via existing main lines installed as part of the development of Scottsdale Subdivision (a commercial subdivision). Applicant will be responsible to abandon the existing commercial sewer and water services in accordance with City standards, and install new residential services to each lot or provide modifications as approved by the Public Works Department. Subdivision designer to coordinate sizing and routing with the Public Works Department. 2. Portions of S.W. 8th Avenue and W. Alden Drive, within the Scottsdale Subdivision, are less than five-years old, and therefore may be subject to the Ada County Highway District's "No cut Moratorium." Any cuts shall be worked out in an agreement with ACHD. 3. Any drainage areas (detension/retension basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 4. Add or revise the following note(s) on the face of the Plat (Final Plat): 13. Fencing adjacent to the common lots (Lot 4, Block 2 and Lot 7, Block 1) and the micro-path lots shall be no taller than 4' in height if solid fencing is used. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDNISION / (pP-02-029) 5 GENERAL COMMENTS (preliminary plat) 1. A letter of credit or cash surety in the amount of 110% will be required for all, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. Slopes within drainage areas are not to exceed a slope ratio of3:l. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct driveways on SW 8th Avenue and Alden Drive to offset a minimum of 50-feet from any controlled and/or uncontrolled intersection. All driveways are to be constructed as curb cut driveways. 2. Pave the driveways to their full-required width (maximum of 35-feet) and to a point 30-feet beyond the edge of pavement ofSW 8th Avenue and Alden Drive. 3. Said Easement (See Plat Note # 15 of Scottsdale Subdivision) shall be placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are covered by a Storm Drainage Easement in favor of the Ada County Highway District for heavy maintenance of drainage facilities. Said Easement shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water facilities. Said Easement shall be placed on the plat of Scottsdale Villas Subdivision. 4. Replace unused curb cuts on SW 81h Avenue and Alden Drive with standard curb, gutter and 5-foot wide concrete sidewalk to match the existing improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION / (PP-02-029) 6 5. Comply with all Standard Conditions of Approval. 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 ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION / (pP-02-029) 7 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow ofl, 000 gallons per minute shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. Approved fire department access roads shall be provided for all buildings or portions of buildings to within 150' of any point on the exterior wall ofthe first story. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION I (pP-02-029) 8 E. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application if storm drainage is not retained on-site. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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 stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Comments of the Meridian Water Department as follows: 1. The project was previously developed for commercial buildings. There is existing 8 inch service lines stubbed in for commercial hookup. Residential service lines are typically 1 inch. H. Adopt the action of the City Council taken at their February 25,2003 meeting as follows: 1. The Site Plan furnished by the applicant shows three triplexes. In lieu of a triplex, the applicant may construct two attached residences and one detached residence wherever the Site Plan shows a triplex. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDMSION / (pP-02-029) 9 By action of the City Council at its regular meeting held on the day of mJJAf'~ ,2003. I' !!f1~ ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED$L...- COUNCILMAN NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIEBREAKER) ~ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. ",\\\I\llllJl/lff'l :\\ of Me:: 1'1 ~"''\.a:-'\-{ tfo.r;I"-,,,... ~ 0 ~lA. ~ ~ o'?lP fl.<t h TV ~ f ~() .<;'0 "% Dated: ~-IZ-03 g ~ VOTED ByJl~/;~ fb City Clerk - - - - - Z:\Work\M\Meridian\Meridian I 5360M\Scottsdale Villas Sub RZ.{}3..o02 PP'{}2'{}29 CUP-02-045\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDNISION I (PP-02-029) 10 March 7, 2003 CUP 02-045 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. March 11, 2003 4-F ITEM NO. REQU EST Findings - Request for a Conditional Use Permit for a Planned Unit Development for 19 single-family attached units in a proposed R-15 zone for proposed Scottsdale Villas Subdivision -- West Alden Drive, southwest corner of West Franklin Road and Southwest 7th Ave 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 Findings a(rolfk Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/25/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) SCOTTSDALE VILLAS ) SUBDIVISION IN AN R-15 ZONE, ) LOCATED AT SOUTH OF ) FRANKLIN ROAD ALONG S.W. 8TH ) STREET AND ALDEN STREET, ) MERIDIAN, IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) ) Case No. CUP-02-045 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~RECEIVRI MAR 0 5 2:C<j City Of Meridian pity Clerk Office. The above entitled conditional use permit application having come before the City Council on February 25,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McKinnon Planner II for the Planning and Zoning Department, and Clint Boyle, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 February 25,2003, 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 February 25, 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 S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions ofthe Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located south of Franklin Road along S.W. 8th Street and Alden FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 Street, Meridian, Idaho. 5. The owner of record of the subject property is Wolfe Commercial Enterprises, LLC, 1409 E. 151 Street, Meridian, Idaho 83642. 6. Applicant is Clint Boyle, Pinnacle Engineers, 12552 W. Executive Drive, Ste. B, Boise, Idaho 83713. 7. The subject property is currently zoned L-O. There is, however, an application for rezone from L-O to R-15 zone before the City Council. The zoning district ofR-15 (Medium High Density Residential) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of 19 single-family residences, with reduced setbacks, and 2 common lots. The R-15 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). 8. Staff finds that the adopted Comprehensive Plan's Future Land Use Map delineates the subject property as "Office". The requested R-15 zone appears to be in conflict with the land use designation, however the L-O zone in the City's zoning ordinance states that "The L-O zone is designed to act as a buffer between other more intense non-residential uses and high density residential uses and is thus a transitional use" (MCC 11-2-2), furthermore the Comprehensive Plan encourages residential infill to utilize existing services (pg 106). 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 11. The City Council recognizes the concerns of Wendell Bigham, expressed in his letter dated December 4, 2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the govennnental 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 ifthe 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. Eight foot (8') street frontage are allowed on lots accessing common driveway, forty foot (40') street frontage allowed on other lots. 2. Ten foot (10') street side setbacks are allowed for dwelling areas. 3. At their discretion, the Building Department may allow up to seven building permits prior to the final plat recording. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows; SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 2. Landscaping shall be installed per the approved landscaping plan (Sheet No. L-S-1, prepared by Pinnacle Engineers, dated 11-15-02). Alllandsca ping and micro- paths shall be completed prior to occupancy. 3. The conditional use permit shall be valid for 18 months from the date of approval, in accordance with MCC 11-17-4. 4. Rear setbacks adjacent to common lots shall be allowed to be reduced to 12'. 5. No parking shall be permitted on the shared driveway for Lotsl-6, Block 1. 6. The site plan (Sheet PP-2, prepared by Pinnacle Engineers, dated 11-15-02) is approved as submitted; minor modifications to the site plan as noted in MCC 11-17- lOCI may be permitted upon approval of Zoning Administrator. C. Adopt the Recommendations of Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct driveways on SW 8th Avenue and Alden Drive to offset a minimum of 50-feet from any controlled and/or uncontrolled intersection. All driveways are to be constructed as curb cut driveways. 2. Pave the driveways to their full-required width (maximum of 3s-feet) and to a point 30-feet beyond the edge of pavement of SW 8th Avenue and Alden Drive. 3. Said Easement (See Plat Note # IS of Scottsdale Subdivision) shall be placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are covered by a Storm Drainage Easement in favor of the Ada County Highway District for heavy maintenance of drainage facilities. Said Easement shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water facilities. Said Easement shall be placed on the plat of Scottsdale Villas Subdivision. 4. Replace unused curb cuts on SW 8th Avenue and Alden Drive with standard curb, gutter and s-foot wide concrete sidewalk to match the existing improvements. 5. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, 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 vvriting 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 #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in vvriting and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved temporary tuTn-around is required for any dead-ends over 150'. 8. Approved fire department access roads shall be provided for all buildings or portions of buildings to within 150' of any point on the exterior wall of the first story. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 4. Stormw.ater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application if storm drainage is not retained on-site. G. Adopt the comments of the Meridian Water Department as follows: 1. The project was previously developed for commercial buildings. There is existing 8 inch water lines stubbed in for commercial hookup. Residential service lines are typically 1 inch. H. Adopt the action of the City Council taken at their February 25,2003 meeting as follows: 1. The Site Plan furnished by the applicant shows three triplexes. In lieu of a triplex, the applicant may construct two attached residences and one detached residence wherever the Site Plan shows a triplex. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features. 15. That the proposed development plan is in harmony with the Amended Meridian Comprehensive Plan and that the project meets the requirements and objectives of the Zoning Ordinances. 16. It is found that the design concept is compatible with the existing and intended character of the area (residential and office) and will not adversely change the essential character of the area. 17. It is not anticipated that the proposed development will have an adverse impact on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 the majority of the surrounding property. 18. It is found that the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer. 19. That the proposed use will not create additional requirements at public cost for public facilities and services. 20. It is found that the proposed townhouse and attached single-finaily house uses will not involve any activities or conditions that will be detrimental to any persons or property due to reasons noted above. 21. It is found that the vehicular approaches to the property are designed so as not to significantly interfere with existing street traffic. 22. It is found 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. 23. The request for the twelve foot rear setbacks for lots adjacent to the common lots is supported. 24. There are no objections to the common driveway providing access for six lots (two more than permitted by code) nor the proposed two foot reduction of street frontages for the homes taking access off of the common drive. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (lC. 967-6503). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othelWise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe 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 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements 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 of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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 High Density Residential District (R-l5), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 ofthis Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 19 single-family residences, with reduced setbacks, and 2 common lots in an R-15 zone located south of Franklin Road along S.W. 8th Street and Alden Street, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. Eight foot (8') street frontage are allowed on lots accessing common driveway, forty foot (40') street frontage allowed on other lots. 2. Ten foot (10') street side setbacks are allowed for dwelling areas. 3. At their discretion, the Building Department may allow up to seven building permits prior to the final plat recording. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Landscaping shall be installed per the approved landscaping plan (Sheet No. L-S-1, prepared by Pinnacle Engineers, dated 11-15-02). All landscaping and micro- paths shall be completed prior to occupancy. 3. The conditional use permit shall be valid for 18 months from the date of approval, in accordance with MCC 11-17-4. 4. Rear setbacks adjacent to common lots shall be allowed to be reduced to 12'. 5. No parking shall be permitted on the shared driveway for LotSI-6, Block 1. 6. The site plan (Sheet PP-2, prepared by Pinnacle Engineers, dated 11-15-02) is approved as submitted; minor modifications to the site plan as noted in MCC 11-17- lOCI may be permitted upon approval of Zoning Administrator. C. Adopt the Recommendations of Ada County Highway District as follows: FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\fIT - 13 Site Specific Conditions of Approval 1. Construct driveways on SW 8th Avenue and Alden Drive to offset a minimum of 50-feet from any controlled and/or uncontrolled intersection. All driveways are to be constructed as curb cut driveways. 2. Pave the driveways to their full-required width (maximum of 35-feet) and to a point 30-feet beyond the edge of pavement of SW 8th Avenue and Alden Drive. 3. Said Easement (See Plat Note # 15 of Scottsdale Subdivision) shall be placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are covered by a Storm Drainage Easement in favor of the Ada County Highway District for heavy maintenance of drainage facilities. Said Easement shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water facilities. Said Easement shall be placed on the plat of Scottsdale Villas Subdivision. 4. Replace unused curb cuts on SW 8th Avenue and Alden Drive with standard curb, gutter and s-foot wide concrete sidewalk to match the existing improvements. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written 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 jvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901-4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. Approved fire department access roads shall be provided for all buildings or portions of buildings to within 150' of any point on the exterior wall of the first story. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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 of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application if storm drainage is not retained on-site. G. Adopt the comments of the Meridian Water Department as follows: 1. The project was previously developed for commercial buildings. There is existing 8 inch water lines stubbed in for commercial hookup. Residential service lines are typically 1 inch. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 H. Adopt the action of the City Council taken at their February 25,2003 meeting as follows: 1. The Site Plan furnished by the applicant shows three triplexes. In lieu of a triplex, the applicant may construct two attached residences and one detached residence wherever the Site Plan shows a triplex. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 911-17-9. 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 S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the 1/1:/1.- day of ~vfv ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~<- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCIL WOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: g--II-03 VOTED - MOTION: ~ APPROVED:<::::!.C DISAPPROVED: FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SCOTTSDALE VILLAS SUBDIVISION IN AN R-15 ZONE, LOCATED SOUTH OF FRANKLIN ROAD ALONG S.W. 8TH STREET AND ALDEN STREET, MERIDIAN, IDAHO PINNACLE ENGINEERS, INC., APPLICANT C/C 02/25/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-045 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the February 25,2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 19 single-family residences, with reduced setbacks, and 2 common lots in an R-15 zone located south ofPranklin Road along S.W, 8th Street and Alden Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Eight foot (8') street frontage are allowed on lots accessing common driveway, forty foot (40') street frontage allowed on other lots. ORDER CONDITIONAL USE PERMIT (CUP-02-045) -1 2. Ten foot-(10') street side setbacks are allowed for dwelling areas. 3. At their discretion, the Building Department may allow up to seven building permits prior to the final plat recording. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Landscaping shall be installed per the approved landscaping plan (Sheet No. L-S-l, prepared by Pinnacle Engineers, dated 11-15-02). Alllandsca ping and micro- paths shall be completed prior to occupancy. 3. The conditional use permit shall be valid for 18 months from the date of approval, in accordance with MCC 11-17-4. 4. Rear setbacks adjacent to common lots shall be allowed to be reduced to 12'. 5. No parking shall be permitted on the shared driveway for LotSI-6, Block 1. 6. The site plan (Sheet PP-2, prepared by Pinnacle Engineers, dated 11-15-02) is approved as submitted; minor modifications to the site plan as noted in MCC 11-17- lOCI may be permitted upon approval of Zoning Administrator. C. Adopt the Recommendations of Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct driveways on SW 8th Avenue and Alden Drive to offset a minimum of 50-feet from any controlled and/ or uncontrolled intersection. All driveways are to be constructed as curb cut driveways. 2. Pave the driveways to their full-required width (maximum of 35-feet) and to a point 3o-feet beyond the edge of pavement of SW 8th Avenue and Alden Drive. 3. Said Easement (See Plat Note # IF) of Scottsdale Subdivision) shall be placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are ORDER CONDITIONAL USE PERMIT (CUP-02-045) -2 covered by a Storm Drainage Easement in favor of the Ada County Highway District for heavy maintenance of drainage facilities. Said Easement shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water facilities. Said Easement shall be placed on the plat of Scottsdale Villas Subdivision. 4. Replace unused curb cuts on SW 8th Avenue and Alden Drive with standard curb, gutter and 5-foot wide concrete sidewalk to match the existing improvements. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, 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. ORDER CONDITIONAL USE PERMIT ( CUP-02-045) -3 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. ORDER CONDITIONAL USE PERMIT (CUP-02-045) -4 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. Approved fire department access roads shall be provided for all buildings or portions of buildings to within 150' of any point on the exterior wall of the first story. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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. 6. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application if storm drainage is not retained on-site. G. Adopt the comments of the Meridian Water Department as follows: 1. The project was previously developed for commercial buildings. There is existing 8 inch water lines stubbed in for commercial hookup. Residential service lines are typically 1 inch. H. Adopt the action ofthe City Council taken at their February 25, 2003 meeting as follows: 1. The Site Plan furnished by the applicant shows three triplexes. In lieu of a triplex, the applicant may construct two attached residences and one detached residence wherever the Site Plan shows a triplex. ORDER CONDITIONAL USE PERMIT (CUP-02-045) -5 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the //-13:- day of /7.1 Muir-- ,2003. ~?>IfJ:~ ert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJl~P~ ~ City Clerk Dated: ORDER CONDITIONAL USE PERMIT (CUP-02-045) -6 March 7, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March -[ 1 , 2003 ITEM NO. 4--6 REQUEST ACHD Road Widening Franklin Road Project I ROW Purchase Agreement (Fire Station and Storey Park Franklin Road Frontage) 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: vJ-" tJv'l~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. March 7! 2003 MERIDIAN CITY COUNCIL MEETING March 11, 2003 APPLICANT ITEM NO. 4- -1-1 REQUEST Sanitary Sewer and Water Main Easement Agreement with Ed and Shirley Bews AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: See attached ~ tfi1~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. To: Mayor Conie & City Council !From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 3/6/2003 Re: Proposed Agenda Item for March 11 City Council Meeting RECEIVED MAR - 7 2003 City of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the March 11 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement, Ed & Shirley Bews. This is an off-site sewer easement required for the Lochsa Falls Subdivision project. Recommended Council Action: Approve the sanitary sewer easementfrom Ed and Shirley Sews and authorize the Mayor to sign and City Clerk: to attest. Thank you for your consideration. ~~ . Page 1 SANITARY SEWER AND WATER MAIN EASEMENT TillS INDENTURE, made this ~ day of~20 0 J between E.L. Bews & Shirley G. Bews , 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 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 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. Sanitary Sewer and Water Main Easement Page] EASMT.SW 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 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~~/ E.L. Bews b~~ J/ Shirley IT Bews '/ ~. STATE OF IDAHO) ) ss County of Ada ) On this j.J- day of ?J%~ ,20 c 5, before me, the undersigned, a Notary Public in and for said State, personally appeared !!. /. 4,.,,{jj s and 1)}..,;", I P:j f1t?~ul S , 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 fiSt1W3U-W Mlritten. 1."11 - .1['''' ......!\. -if "'''~ <, -l\.' ".. *'t+" 0..,)":" ",~~..,,(tt'::!Jo;!t ...~ .;' " ,~. ~.". '.. "'1!I'l 0..... ~ ~ - y I:' J-4y " '1L~ ~ ::; 0 c~ ~ Q \ '.-.c ~ ::-[-;t II H (/ so: - p ~ ~ M ~<f.e f-i.~" M ::: ," 0 11 p:, : r~ :: ...r-:" \1J.... Q''-{'. 0;:. ,.;I"~ 'f" I..J (I 0 ~: ,.~C'I'~ ....... Or ~ ";.- .......... (,.~.., ".....'/ .I~l ,,-f:...q .~.. .(:.., ..........~- "OUt '~....... _~ . .;.~-:-:'~~..." .'V~ -\..f~~ ..O{,........a~ '-"'<)..\: (,t.,~ Sanitary Sewer and\v..a~f~~t?~~l!:~ent {ju.t~u- r:::r~ NOTARY PUBLIC FOR IDAHO rResiding /lrf-L~t~~.. .t?L,(i!./-eJ Commission Expires: ;9.,/ ..3/05 at Page 2 EASMT.SW 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 Page 3 EASMT.SW DESCRIPTION FOR SANlT ARY SEWER EASEMENT PROPOSED BRIDGETOWER NORTH SUBDIVISION Oecember 23,2002 An easement for City ot Meridian sanitary sewer, located in the SW X of Section 26, Township 4 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being a strip of land 50.00 feet in width, centered about the following described centerline: Commencing at the northwest corner of the SW X 0N X corner} of Section 26, TAN., R.1W., 8.M., thence S 00020'43" W 173.09 feet along the west line of said SW X to a point; thence S 89039'17" E 25.00 feet to a point on the east right-at-way of N. Ten Mile Road, the REAL POINT OF BEGINNING of this easement centerline description; Thence continuing S 89039'17" E 155.00 feet to a point of curvature; Thence along a curve to the right 85.13 feet, said curve having a radius of 300.00 feet, a delta angle of 16015'28", tangents of 42.85 feet. and a long chord bearing S 81031'33" E 84.84 feet to a point of reverse curvature; Thence along a curve to the left 148.66 feet, said curve having a radius of 600.00 feet, a delta angle of 14011'44", tangents of 74.71 feet, and a long chord bearing S 80029'41" E 148.28 feet to a point of tangency; Thence S 8J035'33" E 165.82 feet to a point of curvature; Thence along a curve to the right 139.71 feet, said curve having a radius of 200.00 feet. a delta angle of 40001'28", tangents of 72.84 feet, and a long chord bearing S er34'49" E 136.89 feet to a point of tangency; Thence S 4r34'05" E 29.81 feet to a point on a curve; Thence along a curve to the right 318.77 feet, said curve having a radius of 380.00 feet, a delta angle of 48003'49", tangents of 169.44 feet, and a long chord bearing N 66027'49" E 309.50 feet to a point of tangency; Thence S 89030' 16" E 274.82 feet to a point; Thence N 00029'44" E 150.16 feet to a point on the north line of said SW X, the ENDING POINT of this easement centerline description. 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C'\I ~ <( o (;) ~ o O.!J-IY-l}'J}1l oc i<:I ',- 0> 0> co r<) ..q. ~ :" 0''- en.q- I'- 0::" f'I r f'I o~OI'-<D :;:;:lX)lX)<D(C U (f) (I) If) Z o COOlO a:::VNCOLf} o ~ <Xi <Ci oi :;:;:"<1' + I"'> 0 uco--.,.--r") W r- ..J tj Lf} .- '<t ~ m t:> cq f': cq oi ~~~~~ <( l- I- <D.-I'- ul"'><Dt--t- 0::'-; a:i oi a:i W <(Lf} v r').- > co .- .- r') n::: ::J o \fl0000 20000 ~gggg ocn co Nr'l .. ...:: <(Cc'..tC:o~ I-.Nv~- .J<f)' .-1"'> w~::9o o~:.rOta T""" r- V ...t w ~.- C'I r<) v :Juuuu U March 7,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills March 11, 2003 ITEM NO. 4--1 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 vV t41f'fO Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. March 7,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 11, 2003 ITEM NO. 5 REQUEST Discussion of South Eagle Road Improvments at St. Luke's (East Magic View) Widening and Center Median AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTH ER: See attached - 'J:V~ Ol/)ffl f'vtfP!JV:; i-Nfr-l: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED MAR - 7 2003 City of Meridian City Clerk Office Memo To: Mayor & Council From: Gary D. Smith, PE cc: file; Brad Watson, PE Date: March 6, 2003 Re: Eagle Road Improvement @ St. Luke's - Widening & Center Median At a City Council Workshop on August 28, 2001, Jeff Hull, ArchitecVConstruction Director at S1. Luke's Hospital, discussed a proposal to widen Eagle Road, along its east side, from the westbound 1-84 off-ramp to Franklin Road and to install a raised center median in Eagle Road. S1. Luke's had previously met with ACHD and ITD on this proposal. A copy of Jeff Hull's letter to Mayor Corrie and the minutes from that workshop is attached to this memo, along with a copy of the drawing of the proposal as prepared by 81. Luke's consulting engineer. Last week 1 received a phone call from a designer with ITD stating she was preparing a concept plan for this widening project, so that their survey crew could obtain field data, and she asked about Meridian's interest in the raised center median that was shown on the plan previously presented to us by Jeff Hull. The raised median is shown on that plan to be constructed in the middle of Eagle Road from the signal light at the 1-84 west bound off I on ramp northward to a point just north of the Magic View Drive intersection with Eagle Road. ITD is requesting written confirmation that the City of Meridian is supportive of constructing this raised center median. This raised center median will restrict northbound Eagle Road left turn movements onto Magic View Drive and eastbound Magic View Drive left turn movements onto Eagle Road. Police Chief Worley indicates that both of these left turn movements are dangerous, because of Eagle Road's traffic volume, with the most dangerous being the left turn from Magic View onto Eagle Road. Chief Worley and 1 are in From the deskaf... support of installing this raised center median to restrict these left turn movements. Gal'}' D. Smith, PE Public Works Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 Installation of this raised median will mean north bound Eagle Road traffic access to Magic View Drive and east bound traffic egress from Magic View Drive onto northbound Eagle Road will need to take place via the signalized intersection at St. Luke's Drive. The installed raised median will restrict use of Magic View Drive to "right turn in" and ffright turn our only. Action Requested: A request is hereby made for a Mayor and Council decision on the proposed construction of a raised center median in Eagle Road from the signalized intersection at 1-84 westbound off I on ramp to a point slightly north of the intersection of Magic View Drive and Eagle Road, said decision to include authorization for the issuance of a letter from the Mayors office to ITD so stating the decision. jJrdS, ~ Gary (j;.ilh, PE . Page 2 July 18, 2001 :::!J l!:::'~t Ulke's , IIII Re9iOna;edical Center ~n....., V<'_'~... J .~~ :>-:--., v(J.'/., .'" ~~. ^ I --<....:.; '.iI ~~o It //' -u ~-(1)"O./it'l(80 dl), .~:~:rc ?-b~ Boise, Idaho 83712 208-381-2222 Edwin E. Dahlberg P'OOldonl The Honorable Robert Corrie Office of the Mayor 33 East Idaho Avenue Meridian, Idaho 83642 .Re: St. Luke's Meridian Medical Center Roadway Considerations Dear Mayor Corrie: Thank you for taking time to meet with Bill Bodnar and me regarding highway safety in the vicinity of St. Luke's Meridian Medical Center. As we stated if) our meeting, we had met with Idaho Transportation staff. Since then we have met with Ada County Highway Department representatives. We are now prepared to present to your City Council and Planning and Zoning Commission our proposals to improve roadway safety and efficiencies in the area of our Meridian Campus. Our goal of this workshop would be to share our public/private partnering efforts with our City leaders and to gain support for our proposed improvements. We will make ourselves available at your convenience as to when and where we may meet. Thank you again for your time and consideration. RECElVED,~,:-~ ", ,,':c ,~-c?7/iJu ' JUL 2 0 2001 t 4;rJ},:,' . CITYOFMERIDIAl'i ~ IJad ';}lIlJa!' .~~) 't-~ ern. LV/S ~ ~~d;;:- {Jtd df- ~ 1Ae ~ ~ ~-f /31l- -/7?L __ ~~~/--213~ ".c' '" ';';;" :'~',;:-7-' ',,' -,.:-- --"'~...,.". -, ;" \to.", _~,,~.,.._~_,..,__..;__. --.--'--"-'-'~ _,_~.~.._~_,.",~(-.f:_.,~,.. ~ -- .-----. - ,._..-~~ Jeff Hu I, AlA Director, Architecture and Construction 78(- ztO? #-x Jal- f613 Meridian City Council Meeting Augus128,2001 Page 26 that we can't do a land use matter on the 25th. So, we could still have a hearing on that date if we had to have it. Corrie: Okay, we could notice (inaudible) I don't think we will. (inaudible) Sedlachek: We have had a number of requests from commercial that generate a lot of cardboard that want to separate it and have us collect it. It would be at a reduced rate from their garbage collection so it would save a little bit of money. Bird: Right. Is this just corrugated cardboard or it wont be hard flat sheets of cardboard or anything? I beg your pardon? Sedlachek: Just corrugated. (inaudible discussion amongst Council) Sedlachek: Thank you very much. We will convene the SWAK and discuss rates and get back to you on the 25th. Corrie: I'll need a motion to that effect. To table this. Bird: Mr. Mayor. Corrie: Mr. Bird, Bird: I move that we table the CPI rate adjustment for solid waste collection services by Sanitary Services Company until September 25, 2001. De Weerd: Second. Corrie: Motion made and seconded to table item NO.9 until 9-25 of 2001 for comparison statistics. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 10. st. Luke's Meridian Medical Center - Roadway Considerations - proposals to improve roadway safety and efficiencies in the area of our Meridian Campus: Corrie: Item No. 10 St. Luke's Meridian Medical Center, roadway consideration. Hull: Hi, Mayor Corrie, Council Members. My name is Jeff Hull. I'm the director of architecture and construction services for St. Luke's. We're here to ask a couple of favors. We have obviously spent some time on our Eagle Road location and we've experienced the Eagle Road traffic volume growth. Early this spring in Meridian City Council Meeting August 28, 2001 Page 27 anticipation of our, what we call phase 3, or the hospital opening on this campus on November 1 ih we employed our traffic engineer to look at what options we had to improve - the situation in and around our area on Eagle Road. In conjunction with the Idaho Transportation Department District 3 staff engineers, we've come together with what we think is, from a traffic planning arena, a good plan that should alleviate some of the congestion that we've experienced. Specifically focused between Franklin Road and the interstate. Our game plan is to take a proposal to the Idaho Transportation Department board of directors proposing a private St. Luke's public ITD partnership where we would provide the design services and a share of the funding to make the improvements in this area, requesting the ITO board to possibly look at some excess funds or some rearranging of other funds they may have to see if they couldn't participate to get this work moving ahead. We've met with the Ada County Highway District. They provided us with a letter from their chair I believe earlier this spring that had Eagle Road between 1-84 and Franklin as one of the top 3 priorities requesting ITO to focus on. We will go back before the ACHO Commission and request their support. So, what we're here for and I'll share with you the illustration of what we're proposing. What we're here to ask you is 2 things. We would like to ask if you agree with what we're proposing, that Meridian City in whatever way they could support the concept. In previous efforts in going before the ITD board, they really like the idea that we've communicated with all the other public bodies it involved or effected. In addition to maybe just some general support for the concept, there is also a specific safety feature in this plan that ITD directed that we request the City's consideration of. The request of that, they would like to see come from the City without (inaudible). (inaudible) illustration (inaudible). I apologize. for how difficult they are to read. (inaudible) it simplifies the engineering illustration. Then above that is an aerial photo that has the illustration superimposed on it in an attempt to orient what the engineering data is. I'm not a traffic engineer, although I am working on my merit badge to getting one because I've been spending way too much time on traffic lately. Bird: You see enough of it. Hull: Yes, everywhere we go. The general concept is of the volume of traffic on Eagle Road in this area at the peak, the morning peak and the evening peak exceeds the capacity of Eagle Road. That's pretty obvious but that's the basic premise. One of the ways of alleviating that, what happens is we see the peaks as the traffic stopped on Eagle Road backs up to a point that we block the entrances to the east and west driveways off of Eagle Road. We have a concern with the hospital opening of getting the public, the patients, and the visitors in and out of the facility and very specifically the emergency vehicles. The general concept is if you add more lanes to a road, in this case, the first step would be to widen it from a 2 lanes north and southbound through lanes to 3. You essentially take the cars that are stacked in 2 lanes, you're going to shorten that length of the stack because now a third of those cars could stack in the third lane so that stacking distance is reduced. Therefore you haven't encumbered if you will, or Meridian City Council Meelinh Augus128,2001 Page 28 blocked the driveways east and west. That also, the traffic engineers tell us creates a shorter platoon which creates gaps between as they kind of go through the traffic signal. You have a longer gap then for those accesses that don't have a traffic signal to get them out onto Eagle Road. In addition to the through lanes, there is proposed a second to travel westbound on 1-84, you exited for Eagle Road and you were turning north (inaudible). Right now there's 2 through lanes. There's a third merge lane that came (inaudible) vicinity of Magic View Drive and our driveway there. The proposal is to add another (inaudible) right turn. Then shorten that stack distance (inaudible) merging onto Eagle Road northbound. Another feature of this, the--. If you're southbound on Eagle Road, and whether your destination is on to Boise or on west further to Meridian and or Nampa et cetera. (inaudible) 2 lanes that continue across the traffic signal there and allow you to take a loop to Boise. Most drivers haven't figured that out so if they're headed to Boise, they're over in the right lane because they're wanting to go forvvard, they're feeding cars, that are wanting to make that free right and head west. So, the proposal here is to construct an additional lane on the west side in an area that would allow those cars that are specifically wanting to make this loop on west that would free that up. So that would, that also reduces those stacks those cars that are now stuck waiting for the people who want to go through the traffic signal that are actually wanting to go right would allow them to go into that right lane and move right. The other feature is a safety specific feature and that's the red hatched area you see in the center of Eagle Road from the on off ramps on the north side there to and through our driveway and Magic View Drive. Our traffic engineer's estimation and the ITD staff believe that there are numerous wrecks and unsafe situations where people who may be coming off the interstate westbound heading north are trying to not only make the merge into the flow of traffic but merging on further left to get onto Magic View Drive. Additionally we have quite a stack on Magic View Drive for people who are trying to make a left turn off the interstate or onto Eagle Road, excuse me. They're causing quite a delay because if you tried it its not the safe thing to do and you're going to be there quite a while so it causes quite a delay on Magic View. ITD, I believe did add a sign sometime this summer on the stop sign at the Magic View Eagle Road intersection that indicates no left turn. De Weerd: But you (inaudible) Bird: Right in, right out. They still are trying to come out left. Hull: You don't see it until you get there. Bird: That stoplight has been the greatest thing ever done. Hull: Getting access over to the traffic signal certainly has helped. We also have a few folks, even though we've got, we keep adding signs here. Our site is designed as a right in right out. You've got a medium here. We still have some people to make this, try to turn south just isn't safe. Therefore the raised medium Meridian City Council MeeliniO Augusl28,2001 Page 29 prevents some of those unsafe activities and forces people to deal with the merges et cetera and get to the traffic signal if they want to go east or west. ITO is supportive of tl]at. ITO will pay for that. It's estimated about $30,000 out of their maintenance funds. But they need to hear from the municipality with which it resides that there is a safety interest. Our understanding is that you folks have been through this adventure once before south of the interstate just before Overland Road. J hope I didn't drag on too long but essentially what we've done is we wanted to share with you what our plans are in trying to improve Eagle Road and partnership with ITO and we would like to ask your consideration if you could support that concept as we proceed to the ITO board. Secondly if we might ask you to communicate appropriately to ITO the safety issue and asking their assistance in the raised medium. With that, I'm prepared to answer any questions you might have. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Jeff, when do you need this letter? When are you going before ITO? Hull: We wont be going before ITO anytime soon. We needed to get in front of you folks first and see where the city stood. Bird: Okay, Hull: We then, once we can conclude this venture. We'd want to go to ACHO and have a similar conversation with ACHO. ACHO is supportive as I said and they actually asked us to draft a very specific letter requesting something for them. So, it will be --. ITO's board is busy like you folks are. It will be later this fall, early winter the soonest before we can go to lTD. Bird: This is the most sensible plan I've seen for that mile. It looks like it would work too. I would like to see our fire department, fire chief our police chief and his staff go over this. Look at it from the emergency vehicle standpoint and I for one, Councilman can support it wholeheartedly. It looks like its at least going to flow another few thousand vehicles a lot easier than what we're getting out there right now. Hull: Yes. Mayor Corrie, Commissioner Bird. We would make our professionals available if they need to sit down and meet with your emergency personnel to understand the plan and the details that that would facilitate. Bird: I think that that would be smart on our part to have our fire and police or emergency services and the same time you've got your emergencies, people will be running out of the hospital out there. And look this over and see if there is any Meridian City Council Meeting August 28. 2001 Page 30 flaws. As a layman looking at it I don't see any flaws. It looks real good to me, but (inaudible) travels through that area quite a bit. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I believe probably our public works director and planning director should also look at this. There are easements involved and you know other, I don't know what other issues might that this might impact. But, have them look at it. You know one other comment and I always have kind of wondered why you actually have to go clear up the off ramp and onto Eagle Road to get into your facility from 1-84. Why you couldn't have just a direct route into your campus? I don't know what kind of an option that is, but --. Bird: That's the federal boys. Hull: Mayor Corrie, Commissioner de Weerd. WE have studied some of those alternatives. We've worked with the federal transportation folks in the region. Looking at an additional off ramp or an off ramp that would be exclusive. If they're less than 2 miles in separation, it reduces the speed limit. In order to maintain the 65-mile an hour speed limit in this section they strongly discourage us from coming forward with any kind of extraordinary off ramp. Beyond that as we look at other ways to approach our campus, the free running right performs pretty well. We are aware of the ACHD Eagle Road corridor study that proposes numerous levels of service enhancements along Eagle Road. One of the very first of which is to start closing the non-controlled or non-signalized accesses. At our right in right out there that aligns with Magic View Drive, we anticipate that that will be closed some day. Really our traffic signal is the only way in and out of our campus until here yet this winter we hope the Touchmark folks complete their Franklin Road traffic signal. Then we'd have the cross access agreement with them that will allow some relief of the St. Luke's campus to and from Franklin. I hope that answered your question. De Weerd: Somehow, Boise Town Square got something that- Hull: They're not doing 65 miles an hour by it. That's the difference. Once you're less than 2 miles apart. De Weerd: Well, I go 65. Corrie: We're not going to have you around long. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meetinb August 28, 2001 Page 31 BIrd: Jeff, you're saying, coming up through over there where what you call your construction entr.ance now, to get onto the campus --. That's going to have to practically be a right in rIght out isn't it? Hull: Mr. Mayor, Commissioner Bird, That piece of property is now owned by Touchmark. We exchanged that for another 10 due east of our eastern boundary and we purchased another 10 from them in that same direction. When we bought that piece of property ACHO was in the impression that between Eagle and Cloverdale they would allow traffic signals on Franklin at third points. That would have been right at that. It also aligned with some of the developers to the north property and some of their traffic plans. Since then with the traffic volume of traffic on Franklin Road, they're now at one signal at the mid point. That's what landed on the Touchmark property which brought us to working with our neighbors at Touchmark and trying to work an agreement between the 2 of us. We will get access to Franklin Road though it will be on across someone else's property. Bird: But it's going to be hard to turn left off of Franklin Road without a light there. Like you said, they haven't changed their mind. They're not going to allow a light that close to the other light. Hull: Yes, exactly. Bird: I would sure like to see our people study it and I for one would encourage the Mayor to write, the Council to write a favorable letter to ITO and get this thing going. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I just had a couple of comments. I like the overall concept and the plan. I guess there's just a couple of other issues that concern me in this area. Number one we still don't have a signal light when you're going eastbound to get off the interstate over there. It's very difficult to get onto Eagle Road in the first place because there's not really enough breaks in the traffic there. That's on the other side of the freeway from you guys but - Hull: Mayor Corrie, Commissioner Anderson. They, ITO does have in their program funds to install a traffic signal at that location. That was also one of the priorities we went to them with. I forget exactly which fiscal year in their program they have it but they do have it and it is funded. Anderson: Yes, that was one of my questions. You know they also put them in the plans but how many years down the road are they is the problem and how Meridian City Council Meetin!; August 28, 2001 Page 32 many times do they get bumped before they get built. The other one is I wonder what they call the street right across from your main entrance now but that one is going to be reac_hing capacity real easy because all the rest of that subdivision back behind the McDonald's and the Chevron and the Texaco is starting to go commercial and I don't --. If the only way to head north is to come on down to the stoplight there, that road is going to be easily out of capacity so I guess when you make you improvements along Eagle Road there needs to be an adequate cut out I guess in my mind to increase the capacity on that road whether its widening on that stub street or whatever. Hull: Mayor Corrie, Councilman Anderson. One of the, I didn't say this earlier. One of the criteria or goals of this plan was to work within the existing right of ways along Eagle Road and not to have to acquire right-of-way. We left that intersection alone because it was another person's property and we certainly don't have the right to go in and condemn or negotiate the purchase of right-of- way. The same thing is true at the Franklin intersection. We did get some good news however from ACHD. When we met with them we asked them to consider accelerating the improvements of Franklin Road going from 3 to 5 lanes on both miles east and west of Franklin Road. They were hesitant and they already had some of that in their plan and to accelerate that kind of messed up the machine if you will but they did commit to the western section of that intersection of Franklin Road. I forget what part of the plan and what year it is. I believe 2003 or 4, they were going to look at studying extending it instead of stopping it on the west side of Eagle Road. Extending it and making the improvements to Franklin Road which would include some right-of-way acquisition they felt they could pursue right now and create 2 northbound on Franklin Road 2 lanes of free running rights if you wanted to head east towards the mall and the retail development. Meeting with them they did get fairly creative in trying to find some solutions to free up some of these other issues other than just Eagle Road. Corrie: I think that's 2003, the early part of 2003 for that signal light at Overland (inaudible) the eastbound --. Bird: Off ramp. Corrie: Off ramp, yes. Talking to Chuck (inaudible) it's right after the one on Meridian Road. Then they'll (inaudible) its in their funded projects. Any other questions? Bird: ! have none. Corrie: Okay. We can get to the different departments for you Jeff and get some feedback from them and then I'll get a meeting with you and see what they're saying. Then we can have the Council approve a Jetter jf they wish and I can make that one up as well. Meridian City Council Meetinl August 2B. 2001 Page 33 Hull: Thank you for your time. Corrie: (inaudibl~) post haste then for you. Bird: Thank you Jeff. Item 11. Appointments for Urban Renewal Committee: Corrie: Item No. 11, appointments of the urban renewal board. You have a list of the board of directors of the urban renewal agency. We were going to have 7 people on that board. The only reason I don't have the ih one, we were talking about Terri Smith might be the ih one but he is unable to serve in that capacity. So, I have the 6 right now and then if anybody has any ideas or would like to see or have me talk to anybody on the ih, 1 certainly welcome that from anybody. I am talking with some of the others on this one. For the board I've had the 6 as Mr. Jim Johnson, in the parenthesis it shows that their time is 3 year. Mr. Clarence Jones, number 2, one year. Anne Marie Molenaar-Schram, number 3, a 2 year. Clair Bowman number 4 at 3 years. Councilwoman Tammy de Weerd 5, 2 years, and Councilman Bird at 1 year. Then we would have a rotating every other year for the Council. Then ex-officio members are Stacy Kilchenmann and Steve Siddoway. Those are the ones that I would bring forth to the Council and then the ih one I'll bring as soon as I can, maybe I can within the next week or so. So, that is my proposal and I would entertain any questions. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just a question. Is there a set, .1 know you have 2 Council people on there right now but is there set agencies that you're looking for people from like business people to arrive at your 77 Or is this just kind of a --7 Corrie: I would like to have somebody within the Meridian area now and has their stakeholder in Meridian but it's not necessary. According to the makeup of the board of directors, we can change those. We can change the whole thing in 3 years so its whatever you want to do. I have nobody right now in mind for that 7th seat. I mean that's why I say if you have somebody I would be happy to entertain that and talk to them as well. That's entirely up to you. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess he raises a good point to make sure that the 2 Council seats are for City Council members and that they don't go for people- March 7, 2003 Department Reports MERIDIAN CITY COUNCIL MEETING March 11, 2003 APPLICANT Public Work's Department -- Brad Watson ITEM NO. 5-A - I REQUEST Continued from March 4, 2003 -- Request for Sewer Service -- Anthony Mahaty, 2075 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached .~ wy~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ...... -- -- .--T- c;..'-' ~ I.... ~ ....p..,1 '- wur:;:t\.O r: ~\ -F d~~BB71297 TO CITY CLERK P.02/02 MAYOR RUHtiRT D. CnRRU: ~" .!.. ~':J "-'"&.ci'<' , . "'<;:1, 'I~ ~.r "~. ..r'~ ~ ~, .ff :~':!j" ~(:II""I'lL;"',~_ .. ..,.- erldiaH )/ \ lI).\H(~ I: ~\ /. ~~ // r.~\, ./ "/I ~.......o 04,%-..tl~1:~~~L:~..~ I ~ltrLI. . 1.bl G,\RY D. SMIlll. P l'. Pl;IIl.W Wwn:s OI~I.(,HIR CQUNClI. MEMBERS Wn.\.I"'.\ t.. M. N,\IlY Kt;ITIf Bllm T^MMV \)~;Wl:r:.Rn CHtIU!::: M('CA.I'lDI.[;'o;.~ " nkf\L) R. WAI:iON. P E CITY EN(;Il'il;I:~ t.J;:>l Gfol,\ln Sr,\!'" E1'ICil1\(;('l\ T>~ W~ C>~ ~ D~ March 6,2003 Richard Kartchner, P.E. Kartchner Engineering 1500 West Barrett Drive Meridian, ID 83642 RECEIVED MAR - 7 2003 RE: Request for Sewer Service at 2075 W. Franklin Road City of Meridian. City Clerk Office Dear Mr. Kartchner: I discussed your request for sewer service without annexation at the March 4, 2003 City Council meeting. The Mayor and City Council had several questions I could not answer on your behalf. Consequently, they tabled the request until the March 11, 2003 Council meeting. The primary questions were: 1, Why does the applicant not want to annex at this time? 2. When, precisely, would the property annex? Your February 24, 2003 letter states that the owner would agree to annex in the future. Any agreement to provide sewer service outside city limits must have a provision setting a certain trigger for annexation that the owner agrees to. The City's standard agreement to provide services outside the city limits inCludes the provision that the property will annex once it is contiguous to city limits. In this case, the property is currently contiguous. I believe it would be in the applicant's best interest for you or him to attend the March 11, 2003 City Council meeting at 7:00 P.M. in order to answer Council's questions. You may also provide additional written material if you like. All written material must be to the City Clerk's office by 5;00 P.M. on Thursdays in order to be included in the Mayor and Council member's packets. Please call me jf you have any questions. Sincerely, ~~w~- Brad Watson, P.E. City Engineer cc: File \\mondotux\Shared\pu blic works\brad _ w\k:a rtchner .3-6-03.doc GGO E WHltrtowcr Lam:. Sle 200 M~ridian If) 83642 (208) 898-5500 Fill( (20S) 1)87- t::!97 lk>l< TnTCI o....r.:c,.,.'""> .,,,,. . ..... -r - c.."..... ~ ,.... I U"'7"." ,.&. \... WUJ"";;:";::' . ( ~~~~~'(1297 TO CITY CLERK P.01/02 ( .v of Maid inn ......... ddlag Deplrtm<:1l1 660 E Walet'UlWe( SiC 200 Meridian 1083642 (208) 887.2211 (208) 387-1297 &.x facsimile transmittal To: \JS~ Fax: Date: 2>- Lo ~6~ From: Karie Glenn Re: Pages: cc: o lJrgent o F<< Review o Pi9ase Comnent o Please Reply o Please Rec)de . . . . . . ~~.t~ (J~-~ . . . &l \ t l 0 ~ ........... ................... ..... ...... ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 03/26/03 02:45 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City A.MOUNi .00 9 1111111111111111111111111111I11111111 103049613 CITY OF MERIDIAN ORDINANCE NO. 03- 10/ Z AN ORDINANCE FINDING THAT, L.C. DEVELOPMENT, INC., THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF N. LOCUST GROVE ROAD, Y4 MILE SOUTH OF EAST FAIRVIEW AVENUE, MERIDIAN, TO BE KNOWN AS LOCUST GROVE PLACE SUBDNISION; HAS MADE A REQUEST FOR ZONING BOUNDARY MODIFICATION IN WRITING TO THE COUNCIL; AND THAT SAID ZONING BOUNDARY MODIFICATION BE DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R~40) AND COMMUNITY BUSINESS DISTRICT (C-C) AS DEFINED UNDER MERIDIAN CITY CODE SECTIONS 11-7-2 F AND I; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR P ARTS THEREOF fr.J CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID ZONING BOUNDARY MODIFICATION DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for zomng boundary modification to the City of Meridian, Idaho, by the owner of said Property, to-wit COMMERCIAL PROPERTY DESCRIPTION FOR LOCUST GROVE PARK SUBDIVISION - (C-C) A parcel ofland being a portion ofthe NE Y4 of Section 7, Township 3 North, Range I East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NE comer of said NE 14, (Section comer common to sections 5,6,7 and 8), said comer monumented with a 3 inch diameter brass disk; Thence S. 0000'00" W., a distance of 1324.77 feet along the easterly boundary of said NE Y4 and along the centerline ofN. Locust Grove Road to the SE comer of the NE Y4 NE Y4 of said ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02~027) - 1 Section 7, (N 1116 comer common to sections 7 and 8), said corner also being the NE boundary corner of "Danbury Fair Subdivision No.7" as on file in Book 72 of Plats at Page 7407 in the Office ofthe Recorder of Ada County, Idaho, and is monumented with a 3 inch diameter aluminum disk; Thence N. 0000'00" E., a distance of 247.46 feet along the easterly boundary of said NE ~ and along the centerline ofN. Locust Grove Road to a point; Thence N. 90000'00" W., a distance of 45.00 feet to a point on the future westerly right of way of said N. Locust Grove Road, said point being the POINT OF BEGINNING; Thence continuing N. 90000'00" W., a distance of 155.00 feet to a point; Thence N. 1057'53" E., a distance of21.09 feet to a point; Thence N. 0000'00" E., a distance of235.96 feet parallel with the easterly boundary of said NE ~ to a point; Thence S. 37048'45" E., a distance of 14.42 feet to a point of a tangent curve left; Thence 110.21 feet along the arc of a 121.00 foot radius tangent curve left with a central angle of 520 11 '15" and tangents of 59.26 feet, the long chord of which bears S. 63054'23" E., a distance of 106.44 feet to a point of tangency; Thence S. 90000'00" E., a distance of29.85 feet to a point of a tangent curve right; Thence 31.42 feet along the arc of a 20.00 foot radius tangent curve right with a central angle of 90000'00" and tangents of20.00 feet, the long chord of which bears S. 45000'00" E., a distance of 28.28 feet to a point on the future westerly right of way of said N. Locust Grove Road; Thence along the future westerly right of way of said N. Locust Grove Road, S. 0000'00" W., a distance of 178.83 feet parallel with the easterly boundary of said NE 14 to the POINT OF BEGINNING. This parcel contains 0.74 acres more or less. Also, this parcel is subject to all easements and rights-of-way of record or implied. AND ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 2 RESIDENTIAL PROPERTY DESCRIPTION FOR LOCUST GROVE PARK SUBDIVISION - (R-40) A parcel of land being the residential portion of the proposed "Locust Grove Park Subdivision", located in the NE ~ of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County Idaho, more particularly described as follows: Commencing at the NE comer of said NE ~, (Section comer common to sections 5,6,7 and 8), said comer monumented with a 3 inch diameter brass disk; Thence S. 0000'00" W., a distance of994.00 feet along the easterly boundary of said NE ~ and along the centerline ofN. Locust Grove Road to the POINT OF BEGINNING; Thence continuing along the easterly boundary of said NE 14 and along the centerline of said N. Locust Grove Road, S. 00 00'00" W., a distance of 330.77 feet, (formerly South 330.1 feet), to the SE comer of the NE ~ NE 14 of said Section 7, (N 1/16 comer common to sections 7 and 8), said comer also being the NE boundary comer of "Danbury Fair Subdivision No. 7" as on file in Book 72 of Plats at Page 7407 in the Office of the Recorder of Ada County, Idaho, and is monumented with a 3 inch diameter aluminum disk; Thence leaving the easterly boundary of said NE ~ and the centerline of said N. Locust Grove Road, S. 89034'26" W., a distance of659.60 feet, (formerly S. 89045' W., a distance of 660.65 feet), along the southerly boundary of said NE 14 NE 'l'4 and along the northerly boundary of said "Danbury Fair Subdivision No.7" to the SE boundary comer of "Danbury Fair Subdivision No.2" as on file in Book 62 of Plats at Page 6281 in the Office of the Recorder of Ada County, Idaho, said comer monumented with a 5/8 inch diameter iron pin; Thence N. 0034'47" E., a distance of329.93 feet, (formerlyN. 0034' E., a distance of 330.1 feet), to a found Yz inch diameter iron pin; Thence N. 89029'49" E., a distance of 7.45 feet, (formerly N. 89045' E., a distance of 10.25 feet), to a point that lies S. 89040'26" W., a distance of648.22 feet, (formerly S. 89045' W., a distance of 648.8 feet), from the point of beginning; Thence N. 0000'00" E., a distance of 536.87 feet, (formerly North 535.7 feet), parallel with the easterly boundary of said NE ~ to a point on the centerline of a drain ditch, said point also being the southerly boundary of a Record of Survey recorded as "Danbury Fair Survey" Instrument No. 2134 in the Office ofthe Recorder of Ada County, Idaho, said point witnessed S. 0000'00" W., a distance of20.00 feet with a found 5/8 inch diameter iron pin; ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 3 Thence along the centerline of said drain ditch and along the southerly boundary of said Record of Survey, N. 84018'12" E., a distance of318.50 feet, (formerlyN. 84011' E., a distance of 315.4 feet), to a point; Thence continuing along the centerline of said drain ditch, S. 55047'00" E., a distance of 117.23 feet, (formerly S. 55047' E., a distance of 121.0 feet), to a point; Thence continuing along the centerline of said drain ditch, S. 37048'00" E., a distance of383.30 feet, (formerly S. 37048' E., a distance of383.3 feet), to a point on the easterly boundary of said NE 1;4, said point also being the centerline of said N. Locust Grove Road; Thence S. 0000'00" W., a distance of 194.00 feet, (formerly South a distance of 194 feet), along the easterly boundary of said NE 1;4 and along the centerline of said N. Locust Grove Road to the POINT OF BEGINNING. EXCEPTING a parcel ofland being a portion of the above described parcel located in the NE 1;4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NE corner of said NE 1;4, (Section corner common to sections 5,6, 7 and 8), said corner monumented with a 3 inch diameter brass disk; Thence S. 0000'00" W., a distance of 1324.77 feet along the easterly boundary of said NE 1;4 and along the centerline ofN. Locust Grove Road to the SE corner of the NE 1;4 NE 1;4 of said Section 7, (N 1/16 corner common to sections 7 and 8), said corner also being the NE boundary corner of "Danbury Fair Subdivision No. 7" as on file in Book 72 of Plats at Page 7407 in the Office of the Recorder of Ada County, Idaho, and is monumented with a 3 inch diameter aluminum disk; Thence N. 0000'00" E., a distance of 247.46 feet along the easterly boundary of said NE J/4 and along the centerline ofN. Locust Grove Road to a point; Thence N. 900 00' 00" W., a distance of 45.00 feet to a point on the future westerly right of way of said N. Locust Grove Road, said point being the POINT OF BEGINNING of said Exception; Thence continuing N. 90000'00" W., a distance of 155.00 feet to a point; Thence N. 1057' 53" E., a distance of21.09 feet to a point; Thence N. 0000' 00" E., a distance of235.96 feet parallel with the easterly boundary of said NE 1;4 to a point; ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 4 Thence S. 37048'45" E., a distance of 14.42 feet to a point of a tangent curve left; Thence 110.21 feet along the arc ofa 121.00 foot radius tangent curve left with a central angle of520 11' IS" and tangents of 59.26 feet, the long chord of which bears S. 63054'23" E., a distance of 106.44 feet to a point of tangency; Thence S. 90000'00" E., a distance of 29.85 feet to a point of a tangent curve right; Thence 31.42 feet along the arc of a 20.00 foot radius tangent curve right with a central angle of90000'00" and tangents of20.00 feet, the long chord of which bears S. 45000'00" E., a distance of28.28 feet to a point on the future westerly right of way of said N. Locust Grove Road; Thence along the future westerly right of way of said N. Locust Grove Road, S. 00 00'00" W., a distance of 178.83 feet parallel with the easterly boundary of said NE 14 to the POINT OF BEGINNING. The above-described parcel being the residential portion of the proposed "Locust Grove Park Subdivision" contains 11.31 acres more or less excluding the exception piece. Also, this parcel is subject to all easements and rights-of-way of record or implied. SECTION 2: That the above-described real property be, and the same is hereby a zoning boundary modification and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance for zoning boundary modification to the City of Meridian hereinabove described shall be zoned High Density Residential District (R-40) and Community Business District (C-C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries ofthe City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 5 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ofthe City of Meridian, including the lands herein for zoning boundary modification, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code g63-2215 and g50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this II-I:t. day of /liMe/v,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1/ fj. day of mtvLC/1/ , 2003. ~[).~_:. OR \\\ \ \111111"1/11 ",\,\\' elF Me I{III/// ,,l"p:{l..-{ ~4A ...." ~ (1' ~~P~. .~? ~ . .c}.!' ~ -. ..,~~ ~ :: ~ '() ~ ~ ~ ..dk" ^~ f SEAL 1 ~ /~ I ~"}! !'J:: CITY CLERK .. ~ ~ ~ '\,. ,,<$' ..0 ! '2 II 0"'2 ~ ~ r 15"'\ . ~ ~ First Reading: d - - .:J ~~ "if Cor fa ~~ ...~~ Adopted after first reading by Xs~en.sJmym~\\.}.lille as allowed pursuant to Idaho Code 50- 902 Yes: ..,.i.t''No: Second Reading: Third Reading: ATTEST: ..- ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 6 STATE OF IDAHO,) : ss. County of Ada ) 4.- On this I ~ day of 'J!L~ , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WlLLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 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Ci:l .... o go :l: rn - ~~=< 2iiiO ~~11 -Os: $!:Em :I: m "T'I O:;U ..... men 0 ~c_ ~. =i )> '~~Z g "'0 o Z -I o "TI ~ 247.46' t~ ~~ (J1 0 .0 o - 00 -q ~ r o o ~o -;0 (j) G) 0 CD ...,- g. 0 Z o. < > :;) CD Z ...... ""U (") cj~m Z "z ~ g>O m c:r. ;..I~ 0, 0........ -..-~ ........ l2 r ...... 1l.6 00 I\) ...... CI)~ ......0 ~i\> 1\)...... ......:::0 1\)1\))> !=>......O Ooe OOCJ) L3 m "TI )> ~ m ~ ~ m "TI C 3 CD o Q) :J ~ N LOCUST GROVE RD 1324.77' o e ~ mo e :::0 hl~ Z-I G>)> -I OJ Ir m r !::rcrr~z \,.. (J1 - CI) I\) m r ~1\)"""~I\)~mC m~:(J1~?1t5z ~(J1I\)~t08-1m I-I )> OJ r m CJ)ZCJ)ZZZ OtOCI)OotOOJ oo......o......o~ 00000 0 00~0(J10 00000......0:::0 c5c5~c501c5Z qqo.:!q~QG> riiriiriiriirii~ - ~ ( RECEIVED MAR 1 7 2003 City of Meridian City Clerk Office WHITE PETERSON KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, III T. GUYHALLAM* D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW WILLIAM F.NICHOLS* CliRlSTOPH ER S. NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHlLlPA.PETERSON ArrORNEYS AT LAw NAMPAOFFICE ERICA S. PHILLIPS 5700 E. FRANKLIN RD., ERIC S. ROSSMAN SUITE 200 TODD A. ROSSMAN DAVID M. SWARTLEY NAMPA, IDAHO 83687-1;402 PAMELAJ. TARLOW TEL. (208)466-9272 TERRENCE R. WHITE*" FAX (208) 466-4405 NICHOLAS 1. WOLLfu'l * Also admitted in OR *" Also admitted in WA March 14,2003 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: W.H. MOORE COMPANY / BONITO SUBDIVISION FINAL PLAT (FP-03-010) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Z:\ Work\M\Meridian\Meridian153 60M\B cnito S II b FP.03-0 lO\Clerk Fr llr 03 14 03.doc c BEFORE THE MERIDIAN CITY COUNCIL C/C 03/11/03 IN THE MATTER OF THE ) APPLICATION OF W.H. MOORE ) COMPANY FOR APPROVAL OF ) FINAL PLAT FOR BONITO ) SUBDIVISION (tka EL DORADO ) SUBDIVISION), LOCATED AT THE ) SOUTHEAST CORNER OF EAGLE ) AND OVERLAND ROADS, ) MERIDIAN, IDAHO ) CASE NO. FP-03-010 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on March 11,2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from David McKinnon Planner II and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Bruce Frec1deton, Engineering Technician III, and that Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Jonathan Seel, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "BONITO SUBDIVISION, A PARCEL OF LAND LOCATED IN THE EAST 12 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, PLAT-l.dwg 0112012003 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BONITO SUBDIVISION / (FP-03-0 1 0) - 1 AND HANDWRITTEN DATE OF 2-4-03, SHEET 1 OF 6, QUADRANT CONSULTING, INC.", W.R. Moore Company, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner II and Brad Hawkins- Clark Interim Planning Director for the Planning and Zoning Department, dated March 4, 2003 and REVISED 317/03, listing 6 General Requirements and 16 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their March 11, 2003 meeting as follows, to-wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48'outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BONITO SUBDIVISION I (FP-03-0 1 0) - 2 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 8. Lots 6 & 7 of Block 1 may require a cross connection to provide more than one access point to either of the buildings. 9. Streets which are greater than 150' in length and are not provided with an outlet are required to be provided with a turn-around. 10. Provide an approved turn around for any street, which exceeds 150' in length as a result of the phasing of the proj ect. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BONITO SUBDIVISION / (FP-03-010) - 3 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the I /~IG day of /1ltl/Lclu ,2003. BY:W J2~'~ B RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. Bxi!~~~ fA Dated: -/7-1) 3 z:\ Work\M\Meridian\Meridian15 360M\Bm ito Sub FP-03-Q 1 O\OrderFP .doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BONITO SUBDIVISION / (FP-03-010) - 4 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 PUBLIC WORKS BUILDING DEP ART.MENT (208) 898-;500 . Fax g87-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533' FA.'( 888-6854 CITY COUNCIL ME}.mERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (20g) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 RECEIVED MEMORANDUM: MAR 0 7 2003 Mayor & City Council City Of Meridian City Clerk Office March 4, 2003 To: REVISED 317/03 Re: David McKinnon, Planner IT Brad Hawkins-Clark, Interim Planning Director Bruce Freckleton, Assistant to City Engineer ~ Request for Final Plat Approval ofBon1to Subdivision, Consisting of Thirt<j-Four (34) Building Lots and Sixteen (16) Other Lots on 82.9 Acres in a C-C and C-G Zone by the W. H. Moore Company (File #FP-03-010). From: We have reviewed tbis submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONSUM:MARY AND LOCATION The proposed Final Plat for Bonita Subdivision (formerly known as El Dorado) is located on the south- west comer of Overland and Eagle Road. StR.1Lf finds that the proposed Final Plat is in compliance with the approved Preliminary Plat (File No. PP-OI-02) and the approved Conditional Use Permit (File No. CUP-OI-03?). Staff finds that the subdivision complies 'With the City's Subdivision Ordinance and offers the following conditions of approval: SITE SPECIFIC COMMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association., with written confirmation of said approval submitted to the Public Works Department. 2. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfilL 3. The design of drainage areas shall ensure that water is retained only during IOO-year storm events for a period of time not to exceed 24 hours. FP.o3-OlO Bonito Sub FP.doc EtA :b~ "It I 011 Mayor and Council March 4, 2002 Page 2 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated and road base acceptable for fire and emergency vehicles prior to applying for additional building pennits. (This condition excludes the first building permit which was approved by Meridian City Council under the Preliminary Plat.) Staff is granted the authority to make lot-by-Iot determinations regarding the timing of pressurized irrigation system activation. All development improvements shall be installed and approved prior to obtaining certificates of occupancy on the second building within the subdivision. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc.) prior to signature on the final plat. Staff is granted the authority to make lot-by-lot determinations regarding the timing of landscaping installation. 5. A1llandscaping shall be installed as depicted on the submitted landscape plans, sheets L~2 and L-3 (as prepared on 3-7-02 by The Land Group Inc). 6. A permanent pedestrian easement, in favor of the City of Meridian, shall be added to the face of the plat as depicted on the approved preliminary plat (revised 3-8-02), adjacent to the north side of the Ridenbaugh Canal (as approved under CUP 01-037). Alternatively, a note shall be added to the final plat stating there is a deed restriction on Lots 1, 2, 4, 5, 6 and 7, Block 1 that said lots are subject to a permanent pedestrian easement in favor of the City of Meridian. The exact location of the easement shall be determined at the time of building permits for said lots. Buildings are precluded from constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Occupancy Permit for any building south of Copper Point Drive or by the opening of the future City Park located west of Bonito Subdivision, whichever comes first. Additionally, a note shall be added to the face of the plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. The note shall also indicate who will be responsible for landscaping maintenance within the easement. 7. An additional permanent pedestrian easement shall be added to the face of the plat to accommodate the internal pedestrian/jogging pathway as depicted on the approved landscape plan (prepared on 3-7-02 by The Land Group) and as approved under CUP 01-037. Alternatively, a note shall be added to the final plat stating there is a deed restriction on Lots 8- 11, Block 1, Lots 1-3, Block 3, Lots 2-5, Block 5, Lots 1-6, Block 4 and Lots 1-4, Block 2 that said lots are subject to a permanent pedestrian easement. The plat note shall allow the easement location to move within the block as building conditions demand. The exact location of the easement shall be detennined at the time of building permits for said lots. Buildings and fencing will be precluded from constructing within the easement. Said easement shall be no less than 10 feet in width. The pathway shall be constructed on a block-by-block basis (or as otherwise approved in writing by the Planning & Zoning Department) and completed when 50% of the buildings within the block are completed, as determined by the Planning & Zoning Department. At locations where the pathway crosses public rights-of-way, the Applicant shall construct crosswalks or other forms of clear identification to ensure pedestrian safety. Additionally, a note shall be added to the face of the plat that indicates the Bonito Owners Association will be responsible for the maintenance of the landscaping and pathway surface located within the easement. FP-03-OlO Bonito Sub FP.Doc E1!:b'J to ff' d.. oft! , Mayor and Council March 4, 2002 Page 3 8. Sanitary sewer and water service to this site are as approved by Meridian Public Works Department. Water and sewer mains will not be allowed within landscape areas or beneath landscape islands. The applicant shall be subject to all applicable latecomers fees to reimburse the parties responsible for bringing service into the area unless documentation is provided showing direct payment to the original party has been made and that the original party agrees, in writing, to release or exempt the applicant from its obligation to pay latecomer fees per recorded agreements with the City of Meridian. Payment of the latecomer's fee is required prior to signature on the final plat map by the City Engineer. 9. 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. 10. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office. II. Add dimensions across the east end of the right-of-way of E. Tarpon Drive, E. Goldstone Drive, E. Copper Point Drive, and the west end ofE. Blue Horizon Drive. 12. Add the CP&F number to the 1/16th corner shown in S. Eagle Road. 13. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 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. If a well or surface source is not available, a single-point connection to the City of Meridian's domestic water system will be allowed for the development. In the event that domestic water is used as a backup source, common areas within the development will be subject to City of Meridian water assessments. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map. 14. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with the 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 swface 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 on the final plat. 15. Please add or revise the following plat notes: 1. ...April 2,2002, and the recorded Development Aueement (Instrument No. 103020829). FP-lJ3-O I 0 Bonito Sub FP.Doc 6J.;b:+"If" 3rJI- Mayor and Council March 4, 2002 Page 4 14. Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. 15. All construction located on Lots 1-7, Block 1 shall be restricted to a maximum height of 35' (measuredfrom top a/roof). 16. Staff's failure to cite specific ordinance provisions. or tenus of the approved Preliminary Plat and Conditional Use Permit does not relieve applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat(s) and Conditional Use Permit development agreement. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividers 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 an approved design and permit from the Public Works Department prior to commencing installations. 4. Submit "final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to confonn. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. RECOMMENDATION Staff recommends approval of this Final Plat application with the aforementioned comments and conditions. FP-03-010 Bonito Sub FP.DClc I 'b~.'R" '/ .94 EJ.. 1\, .'7 ** TX CONFIRMATION REPORT ** AS OF MAR 10 '03 09:33 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 05 03/10 09:31 laurel MODE MIN/SEC PGS CMDn STATUS EC--S 01' 24" 004 123 OK ~ \.La..,:> Q..; ~ oot ~{ ? u b\ \0 ~ t1CQ...J CITY OF MERIDIAN PREMCOUNCIL MEETING AGENDA Tuesday, March 11) 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Tabled from February 4,2003: Discussion of Lee Centers Project Silver Creek Subdivision (fka Powder River Subdivision): (30 minutes*) 4. Discussion of Marshall OQden Property Annexation at 1065 East Fairview Avenue: (10 minutes*) 5. Discussion of South faqls Road Improvements at St. Luke's {East Magic View} Widening and Center Median: (10 minutes*) 6. Discussion 0 f ACHD Road Widening Franklin Road Project I ROW Purchase Agreement: (10 minutes*) 7. Discussion of Blakeslee & Associates Letter: (5 minutes*) 8. Update on Amending the Fence Variance Ordinance: (5 minutes*) 9. Executive Session 67-2345.1Mb: *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Mcridi3n City Council "troda - M~L'ch II, 2M3 Pa8c I of I AI) malcrisl. p=c:nIM at pu~lic meeting. .hAlI become propcnyof the City of Meridian. ^nyOllc desiring occammoil.rion rOT di,..bititl", related lG doc"",rots ""dlar hearings ploa.'e con met the City Clerk's Office Al 888-4433 allc:lSl4S hours prior 10 {he public lI1teting. i "\", ** TX CONFIRMATION REPORT ** AS OF MAR 07 '03 15:09 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 03 03/07 15:09 CHAMBER-COMMERCE ----5 00'00" 000 123 BUSY THIS DOCUMENT IS STILL IN MEMORY ~ LLCl<!> ~ ~ O~+ ~{ ~ u b\ ~0 ~t1CJu CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 11, 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Tabled from February 4,2003: Discussion of Lee Centers Project Silver Creek Subdivision (fka Powder River Subdivision): (30 minutes"') 4. Discussion of Marshall OQden Property Annexation at 1065 East Fairview Avenue: (10 minutes"') 5. Discussion of South EaQJe Road Improvements at S1. Luke's (East Magic View) Widening and Center Median: (10 minutes*) 6. Discussion 0 f ACHD Road Widening Franklin Road Project { ROW Purchase Agreement: (10 minutes"') 7. Discussion of Blakeslee & Associates Letter: (5 minutes*) 8. Update on Amending the Fence Variance Ordinance: (5 minutes*) 9. Executive Session 67-2345.1-b: *Approximata allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meddi:m Cil)' Coulleil Agcnda - Marcn 11.2003 Palle l of 1 AlIlTllllonali ?tcSonted at publio meetings shall become property of the Cil}' of Meridillll. Anyone desiring Qccommcdunon far diG'4bilitics rolsted \0 dacurnCTl!s l1Ildlar hearinllS pr""sc can L:lel the City Clerk's Office II 888.4433 'llwl 48 hours prior \0 the public meeting. ** TX CONFIRMATION REPORT ** 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 28 DATE TIME TO/FROM 03/07 14:19 3810160 03/07 14:22 PUBLIC WORKS 03/07 14:23 12084664405 03/07 14:25 8841159 03/07 14:26 2088840744 03/07 14:28 2088467366 03/07 14:30 8985501 03/07 14:31 LIBRARY 03/07 14:33 92083776449 03/07 14:35 208 388 6924 03/07 14:37 2088886854 03/07 14:39 KEITH BIRD 03/07 14:40 8950390 03/07 14:42 208 387 6393 03/07 14:44 ADA CTY DEVElMT 03/07 14: 46 CHERRY LANE 03/07 14:48 POST OFFICE 03/07 14:51 Walter R Johnson 03/07 14:53 ID PRESS TRIBUNE 03/07 14:55 208 888 6700 03/07 15:01 208 888 1983 AS OF MAR 07 '03 15:07 PAGE. 01 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S G3--S CITY OF MERIDIAN MIN/SEC PGS 01'54" 004 00'53" 004 01'06" 004 01'06" 004 01' 06" 004 01'07" 004 01'05" 004 01'26" 004 01'05" 004 01'23" 004 01'05" 004 01'06" 004 01'05" 004 1211'06" 004 02' 14" 004 01'24" 004 01'58" 004 01'07" 004 01' 11" 004 01' 06" 004 01'36" 004 CITY OF MERIDIAN CMDJ:t 123 123 123 123 123 123 123 123 123 123 123 123 123 123 123 123 123 123 123 123 123 Bill Nary Keith Bird STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ~lL~~~ ~~~t ~{ ?ub\\u t00tlUlJ PRERCOUNCII. MEETING AGENDA Tuesday, March 11, 2003 at 5:30 p.m. City Council Chambers 3. Tabled from February 4, 2003: Discussion of lee Centers Project Silver Creek Subdivision (fka Powder River Subdivision): (30 minutes*) Tammy de Weerd Cherie McCandless Mayor Robert Corrie 1. Roll-call Attendance: 2. Adoption of the Agenda: 4. Discussion of Marshall OQden Property Annexation at 1065 East ( MAYOR Robert D. Corrie " ;~ X~f(~ ; cM'erldi;~~~'; \ IDAHO l / qINCE. .. m903 LEGAL DEPARTMENT (203) 233-2499 . Fax 233.250 I PARKS & RECREATION (203 838-3579 . Fax 398-550 I PUBLIC WORKS (203) 393-5500 opax 837-1297 BUILDING DEPARTMENT (203) 337.2211 . Fax 837-1297 PLANNING AND ZONING (203) 334-5533 . Fax 833-6354 CITY COUNCIL MEMBERS Tam my de Weerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, March 11, 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from February 4, 2003: Discussion of Lee Centers Project - Silver Creek Subdivision (fka Powder River Subdivision): - Discussion of Marshall Ogden Property Annexation at 1065 East Fairview Avenue: - Discussion of South Eagle Road Improvements at St. Luke's (East Magic View) Widening and Center Median: - Discussion of ACHD Road Widening Franklin Road Project / ROW Purchase Agreement: - Discussion of Blakeslee & Associates Letter: - Update on Amending the Fence Variance Ordinance: ~ Executive Session 67-2345-1-b: The public is welcome to attend the meeting. DATED this 7th of March, 2003. JI~~ fll6jV Qost tn,r . ~Jubl' .,.~J., ~r. cUe;;di~;;~;\ I 11; / ""l QIHCE ,\ 1903 [\.j (] ti (.JL./ CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird IDAHO LEGAL DEPARTMENT (208) 288-2499 . Fax. 288.2501 PARKS & RECREATION (208888.3579. Fax 898-5501 PUBLIC WORKS (208) 898-5500 .Pax. 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Pax. 887-1297 PLANNING AND ZONING (208) 884-5533 . Pax. 888-6854 MAYOR Robert D. Corrie NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, March 11, 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from February 4, 2003: Discussion of Lee Centers Project - Silver Creek Subdivision (fka Powder River Subdivision): - Discussion of Marshall Ogden Property Annexation at 1065 East Fairview Avenue: - Discussion of South Eagle Road Improvements at St. Luke's (East Magic View) Widening and Center Median: - Discussion of ACHD Road Widening Franklin Road Project / ROW Purchase Agreement: - Discussion of Blakeslee & Associates Letter: - Update on Amending the Fence Variance Ordinance: - Executive Session 67-2345-1-b: The public is welcome to attend the meeting. DATED this 7th of March, 2003. J!~~ - - - ... ~ tta. s (0 ~ o~t -\o( ? u b\ ;~) r\)() t\uu CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 11, 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Sill Nary Keith Bird 2. Adoption of the Agenda: 3. Tabled from February 4, 2003: Discussion of Lee Centers Project Silver Creek Subdivision (fka Powder River Subdivision): (30 minutes*) 4. Discussion of Marshall OQden Property Annexation at 1065 East Fairview Avenue: (10 minutes*) 5. Discussion of South Ea~le Road Improvements at St. Luke's (East Magic View) Widening and Center Median: (10 minutes*) 6. Discussion of ACHD Road Widening Franklin Road Project! ROW Purchase Agreement: (10 minutes*) 7. Discussion of Blakeslee & Associates Letter: (5 minutes*) 8. Update on Amending the Fence Variance Ordinance: (5 minutes*) 9. Executive Session 67 -2345-1-b: *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - March 11,2003 Page I of I All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. >1<>1< TX CONFIRk ,ON REPORT >1<>1< AS OF MAR 07 '03 15:07 PAGE.01 CITY OF MERIPIAN DATE TIME TO/FROM 24 03/07 14:57 3810160 25 03/07 14:58 PUBLIC WORKS 26 03/07 14:58 12084664405 27 03/07 15:00 8841159 29 03/07 15:03 2088840744 30 03/07 15:04 2088467366 31 03/07 15:05 8985501 32 03/07 15:06 LIBRARY MODE MIN/SEC PGS CMM STATUS EC--S 00'37" 001 124 OK UF--S 00'16" 001 124 OK EC--S 00'27" 001 124 OK EC--S 00'26" 001 124 OK EC--S 00'27" 001 124 OK EC--S 00'27" 001 124 OK EC--S 00'26" 001 124 OK EC--S 00'31" 001 124 OK Y/tLl~v VDSt rUb II G Lv G' n U'-...-/ MAYOR Robert D. CO/Tie f'"""'..... ~ f l:ITY OF ". '.. L/Yl endicrn . ~-~; ''<\, / IDNlO .) CITY COUNCIL MEMBERS TlUllmy deWeerd WiJli~m 1,.. M. NiIJ')' Cherie McCandless Keith Bird ... . r;r. LEGAL OEPARTMENT (208) 288.2499 . Px< 288--2501 PARKS & RECREATION (208 888.3579 . "ax S91l-5SOl PUBLIC WORKS (208) 898-5500 'Pox 887-1297 BUILDING DEPARTMEN1' (21l8) 887-2211 . F~x 887.1297 pLANNING ....NO ZOI"lING (208) 8~.S53J . F.lx 888.6ts4 NOTICE OF PRE.COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre~Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on TuesdaYJ March 11J 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from February 4, 2003: Discussion of Lee Centers Project - Silver Creek Subdivision (fka Powder River Subdivision): - Discussion of Marshall Ogden Property Annexation at 1065 East Fairview Avenue: - Discussion of South Eagle Road Improvements at St. Luke's (East Magic View) Widening and Center Median: - Discussion of ACHD Road Widening Franklin Road Project / ROW Purchase Agreement; - Discussion of Blakeslee & Associates Letter: - Update on Amending the Fence Variance Ordinance: - Executive Session 67-234&.1-b: The pUblic is welcome to attend the meeting. DATED this 7th of March, 2003. d1~~ I WILLIAM G, BERG, JR ~ CI ( >> ( >1'* TX CONF>, > ,TlON REFORT >1'* RS OF MRR 107 ' 133 lS. Jl PRGE.01 CITY OF MERIDIRN DRT\:: TIME: TO,'FRDM MODE MIWSEC PGS CMDl:! STATUS 01 03,'10';' 15:107 92083776449 EC--S 010'26" 0101 124 OK 02 03,'07 15:08 208 388 6924 EC--5 00'31" 001 124 OK 104 03,'107 15:1021088886854 EC--S 00'26" 001 124 OK 05 03,'07 15'11 KE[TH BIRD EC--S 1310'26" Bel 124 OK 06 03,'107 15: 12 8950390 EC--S 00'25" 001 124 OK 107 03,'07 15:13 208 387 6393 EC--S 00'26" eel 124 Ol< 08 133,'07 15:14 ADA CTY DEVELMT G3--5 1313'42" 10131 124 OK 139 133,'137 15:15 CHERRY LANE EC--S 00'32" 001 124 OK 113 103,'107 15:16 FOST OFFICE EC--S 130'38" 1301 124 OK 11 0Y07 15: 18 208 888 1983 G3--5 013'31" 0101 124 OK 12 03,'107 15:19 Walter R Johnson EC--S 010'26" eel 124 OK 13 03,'07 15:2e lD PRESS TRIBUNE EC--S 010'26" 001 124 OK 14 103;07 15:21 208 888 6700 EC--S 00'25" 001 124 OK 16 03,'107 15'31 CHRMBER-COMMERCE ----S 00'010" 0100 124 BUSY THIS DOCUMENT IS STILL IN MEMORY MAYOR Robel' O. Corrio Y/tA':>v Yost tor rUbl1 G t\Jo'nc...e-' "l . ~;;di~ '\ ~_ IDAHO -1 ~ l.EGA'" DEPARTMENT [20S} 2a8-2499 . Pox 288-;1$0) PARKS & RECREATION (2oa 888.:;5'9 . Fo:. S%-SSO I PUBliC WORKS (20B} 898.sS00 '1'0. 887.1297 a un.DING DEPARTMENT [208) 881-2211 . P,. 887.1297 PLANNING AND ZONING (208) SU-SS~J . "". SSS-GBS4 CITY COUNCIL MEMBERS Tammy deWeerd Willi.m \., M. Nuy Cherie McCandless Kehh Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, March 11, 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from February 4, 2003: Discussion of Lee Centers Project - Silver Creek Subdivision (fka Powder River Subdivision): - Discussion of Marshall Ogden Property Annexation at 1065 East Fairview Avenue: - Discussion of South Eagle Road Improvements at St. Luke's (East Magic View) Widening and Center Median: - Discussion of ACHD Road Widening Franklin Road Project / ROW Purchase Agreement: - Discussion of Blakeslee & Associates Letter: - Update on Amending the Fence Variance Ordinance: - Executive Session 67-2345-1-b: The public is welcome to attend the meeting. DATED this 7th of March, 2003. JI~ft ( ** TX CONFIRMAT1UN REPORT ** AS 8F MAR 10 '03 09:34 PAGE. 01 CITY 8F MERIDIAN - DATE TIME TO/FROM 06 03/10 09:33 Laurel MODE MIN/SEC PGS CMD~ STATUS EC--S 00'27" 081 124 OK MAYOR Robell D. Corrie Ylo..Ll~v Vost tor _ rUbl] G lUO'nCL-/ ~ LEGAL DEPARTMENT (208) 2&8-2499 . PIlX 288-2501 oU; r.:ITY OF ~.': ~"', . PARKS & RECREATION ""~q:::: ~'" (208 888.3579. Fax 898-5501 I?N J1' rrn ..; - \\\ PUBLIC WORKS V I f. a~ u, J, I (108) 898-5500 'Fu 887-1297 ~'" IDAHO ,r '.:... r BUILDING DEPARTMENT (208)887-2211' F~~ 887.1297 , , . r:d~ PLANNING AND ZONING (208) 8il-!-5S33 . F~x 888.6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Chcrie McCandless Keith Bird NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City HaJJ, 33 East Idaho, Meridian, Idaho, on Tuesday. March 11, 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from February 4, 2003: Discussion of Lee Centers Project - Silver Creek Subdivision (fka Powder River Subdivision): - Discussion of Marshall Ogden Property Annexation at 1065 East FaifView A venue: - Discussion of South Eagle Road Improvements at St. Luke's (East Magic View) Widening and Center Median: - Discussion of ACHD Road Widening Franklin Road Project / ROW Purchase Agreement: - Discussion of Blakeslee & Associates Letter. - Update on Amending the Fence Variance Ordinance: - Executive Session 67-2345-1-b: The public is welcome to attend the meeting, DATED this 7th of March, 2003. dI~~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 11, 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd K =x= Cherie McCandless ')( X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: ~Vte.- Tabled from February 4, 2003: Discussion of Lee Centers Project Silver Creek Subdivision (fka Powder River Subdivision): (30 m i n utes *) o<'/Sc.;u, s- s:-ea-. - J1..c st!(..1' po J-C' Discussion of Marshall O~den Property Annexation at 106? East -t Fairview Avenue: t?~ /U..edJ Iv ckc/t..-; C'Otvh-ty rerttlt-el'nen.- r (10 minutes*) Iiu./irr-e.-- ~c:/de- 3. 4. 5. Discussion of South Ea~le Road Improvements at St. Luke's (East Magic View) Widening and Center Median: . (10 minutes*) Jrr.-ove.- 1.0 i~ 12- (7)t.. roe.~ a..~cw ((2.-) Discussion 0 f ACHD Road Widening Franklin Road Project I ROW Purchase Agreement: d joru;j ;Jt0-/t......> (10 minutes*) /ire. J"hL-:lrlJ?-' 6. 7. Discussion of Blakeslee & Associates Letter: { (3 ) (5 minutes*) /YL-t7y..(!. ~ /~ 13 i7h- re.r~ tZ~h.-d~ 8. Update on Amending the Fence Variance Ordinance: ( . (5 minutes*) ~ve...,E-o I~ 14- n-.... re~t'Vl-- a-.~~I'.V t 4--) Executive Session 67 -2345-1-b: d ({ $") f1'vove ~ /~ /~ ern.-A.e~~ a~ ~ 9. *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - March II, 2003 Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. May 9, 2003 MERIDIAN CITY COUNCIL MEETING May 13, 2003 APPLICANT ITEM NO. REQUEST Approve minutes of March 11, 2003 Pre-Council Meeting 3-A 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 ~r-t/ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 11, 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Tabled from February 4, 2003: Discussion of Lee Centers Project Silver Creek Subdivision (fka Powder River Subdivision): Discussed - no support (30 minutes"') 4. Discussion of Marshall Oqden Property Annexation at 1065 East Fairview Avenue: Owner needs to check County Requirements before decide (10 minutes"') 5. Discussion of South Eaale Road Improvements at St. Luke's (East Magic View) Widening and Center Median: Move to Item 12 on Regular Agenda (10 minutes"') 6. Discussion 0 f ACHD Road Widening Franklin Road Project I ROW Purchase Agreement: Storey Park, Fire Station (10 minutes"') 7. Discussion of Blakeslee & Associates Letter: Move to Item 13 on Regular Agenda (5 minutes"') 8. Update on Amending the Fence Variance Ordinance: Move to Item 14 on Regular Agenda (5 minutes"') 9. Executive Session 67 -2345-1-b: Move to Item 15 on Regular Agenda Meridian City Council Agenda - March 11,2003 Page I of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meeting March 11, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, February 4, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Bill Nary, Tammy de Weerd, Cherie McCandless and Keith Bird. Others Present: Bill Nichols, Brad Watson, Brad Hawkins-Clark, Kenny Bowers, Elroy Huff, Doug Strong and Will Berg Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: Tuesday March 11,2003 at 5:30. City Council Chambers. At this time I would like to have roll call attendance please Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: Item number 2 is adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we approve the agenda as published. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion. Hearing none all those in favor of the motion say aye. Opposed no. All ayes. Motion carried. We may have to go a little bit different then the scheduling here. Project Silvercreek Subdivision I think Brad isn't here yet are they. No. The Marshall Ogden Property discussion. We are here okay. So lets have that discussion on the annexation of 1065 East Fairview Avenue. Item 4. Discussion of Marshall Ogden Property Annexation at 1065 East Fairview Avenue: Corrie: Brad do you want to give us a quick rundown of what we have here. Hawkins-Clark: Sure Mayor. Thank you Mayor, members of the Council. If I could just get to that second slide here. This isn't the greatest vicinity map but it Meridian City Pre-Council rltlt:,,~ting March 11, 2003 Page 2 of 25 may help you get an idea of the property that we are talking about. East Fairview Avenue is the parcel that it has frontage on. The address 1065, Jericho Road is just to the east. Harry's car wash of course ish ere 0 n t he corner so we are talking more or less across from that. The proposed Devon Park Subdivision is this large 30 plus acre undeveloped piece on the north side. Hopefully the Mayor and Councll received the one page summary from David McKinnon in the planning department dated March 6th. He kind of hits the highlights in that memo. Essentially the property back in 2002 was annexed through ordinance 934, its approximately one acre in size. The zoning designation is C-G, Commercial General, today. Our most intensive of out three commercial zones and essentially asp art 0 f t hat annexation process a I ittle over a year a go the decision was made by Council to go ahead and annex with conditions that future redevelopment or reuse of this one acre comply with city ordinances. Primarily the landscaping and parking. That was included in the annexation, one of those was also a requirement to file for a conditional use on any use on the property prior to development. At that time the owner of the property Marshall Ogden and his partner Co Parker did have a buyer for the property that intended on developing it. As Dave points out there was a situation there where the sale of the property basically dissolved and the annexation continued on. So essentially what happened was a few weeks ago the property potential user did come to our department and this is when the question of the conditions came up anew and Dave did talk with Mr. Nichols the city attorney. He also talked with myself, we kind of three put our heads together and felt that to require for a conditional use permit would not be necessary given the wording that was in the annexation ordinance but we did feel that the other conditions of the annexation would need to remain. Primarily getting somewhat of a landscape buffer there on Fairview Avenue and bringing the parking area up to code. So David McKinnon did receive as I understand it from, I don't know if it was from Mr. Ogden or who, evidence that the property was zoned C-2. So it did have a commercial zone in Ada County before the city annexed it last year and certainly that would allow them to continue the use of the property as it was. So I think really the question before the Mayor and Council tonight is to discuss the annexation, to discuss the conditions that were places on it last year. A potential deannexation which of course that clause is in the annexation ordinance or a potential reduction of our city ordinances in order to allow development of the property to proceed. So I hope I've hit sort of the main highlights of it. The applicant is here tonight. Corrie: Do we have any questions of Brad at this point? Representative for Mr. Ogden's property. Give us your name and address please. Ogden: Marshall Ogden. 7000 Piano Lane in Boise. Corrie: Thank you Marshall. Ogden: Do you want me to add to it or just answer questions or what? i Meridian City Pre-CouncillVtbding March 11, 2003 Page 3 of 25 Corrie: Well, does the Council have any questions? What would you like for us to do? Ogden: Well I guess not being astute land people apparently the people that went in for the rezoning, Smith Brighton, either thought that it was just residential that they said on their map and on their papers it was R-1 or whatever it is in Ada County a nd so probably your decisions are based 0 n some of t he information that you had at that time. So there was some erroneous information given there. So when they backed out on this proposed development then we sent a letter to the Council requesting that it not be annexed and then apparently the Council felt that it was appropriate to annex it anyway and so it was annexed with what he described here. My understanding was and this is where we got in to the dilemma was from what I knew is that if we didn't change anything if the house would still remain the same and the property remained the same then we wouldn't have to fall under all the new rules that they had. And subsequently the Blakes came, Kim and Cheryl, right here came wanting to lease the place with an option to buy. And so this is where - I told them what I thought was the case as soon as they build anew building 0 r d id something 0 f that nature a s a quote development that they have new rules and regulations that they would have to comply with. I didn't think that they would have to if they just used as is. And we went through this whole process with Ada County you know and all the district health and roads and all this, which gave us permission to have it as a business without having the water and the sewer with these conditions as long as we kept the physical plant I guess the way it currently is. So we kind of went into an agreement and they went down about putting a sign there and this is when it all came out that it wasn't that way. So I guess I don't know it might be a part of my fault except that I was going by what we had with Ada County and we had a C-2 with Ada County and I just found out that you guys thought it was a residential when you annexed it. A nd this is the quandary is whether my thinking would have been and I was telling Dave is that the City eventually wanted to have it in there, anyway I wondered if there's anyway you could have some provisions to have it comparable to Ada County that we had. And when this developing business got to the point where they wanted to expand or add things to it then they would have to comply with it. But they have a harvest house and what they would like is a farmy atmosphere with a pasture next to it and the old house there for the type of business that they are in. So they are not currently you know in the building up stages, they don't want to jump into a big project and we've had several people actually wanting to purchase it and then when they found out all the expense because I don't know how far all these things are but apparently its significant to try and bring everything in there to comply with that regulation. So partially I'm done and partially my understanding with such that I got ourselves into this. But our goal I guess to state the goal is to have Kim and Cheryl Blake lease this with an option to buy and have it utilized how it was zoned and then if they make the changes we would have to comply with the rules that are currently. f. Meridian City Pre-Council Meeting March 11, 2003 Page 4 of 25 Corrie: Council questions? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Marshall when we originally brought this up for annexation you had requested it be continued for two weeks. At what point did you physically write a letter asking to not have it- Ogden: I didn't. My partner Co did. Bird: You have a copy of the letter that you wrote and what date it was wrote on because we are going back over a year and I don't know about the rest of the Council. I don't recall I know that we continued it for two weeks. Ogden: David new about it so I don't know. Does - is it Brad? Does he have a copy of that letter? He was the one that was telling me about it. C. Blake: I saw a copy of it. Corrie: Name and address please. C. Blake: I'm Cheryl Blake. 2252 East Green Meadow Court here in Meridian. When I went to get this temporary sign is w hat I wanted, that was one of the papers that David showed to me that was from Co. Bird: Okay. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Brad it seems to me if we deannxed the property there in no different position then they were a year ago with it if we deannex it but how does it impact them to do what they would like to do. Hawkins-Clark: Councilman Nary. I was just reviewing the April 28th 1994 letter that is signed by Chairman Vern Blisterfeldt Ada County Commissioner basically granting approval of the rezone. This is an Ada County approval to a commercial zone in 1994. I think that the benefit is that the C-2 zone should it go back to the original zone prior to annexation and again I haven't read all the way through this but it appears to allow them to have to avoid the landscape buffer which cutting the pavement and putting in the underground sprinkling and installing a couple of planters and things like that. So I think that maybe the cost that Mr. Ogden is referring to so I think that's the benefit. Meridian City Pre-Council Mt>ding March 11, 2003 Page 5 of 25 Nary: Yeah the C-G zone that was granted would allow them to do what they want to do other then the improvements that are necessary. So we gave them a comparable zone to the C-2 zone. Hawkins-Clark: Right. Nary: But if we just deannexed it then it just would put them back to where they were a year ago and they can do whatever they can do under the county zoning. Ogden: We had the zoning to have an office there a nd if we had that same zoning and I retired because of medical reasons and then we wanted to lease it out to them and we still had that same zoning but would they be able to just use it. Hawkins-Clark: I'm sorry I don't think I gathered the point of your- Ogden: Without going through all the sidewalks and all that stuff. Hawkins-Clark: I think that you know largely in Ada County of course at that point it becomes an Ada County decision. Ogden: But that was my understanding, you know. What I was talking to Dave about I didn't know if that was comparable that it - whether it would be best to go back to Ada County if your eventually wanting to have it in t here a nyway and whether there are some provisions that you could make that would apply to that. Corrie: Mr. Nary. Nary: Is this property, its not on sewer correct? Its not on sewer or water? Ogden: No. Nary: I guess from my perspective Mr. Ogden I mean its almost one or the other. Either it goes back to the county zoning and you are no different then where you were a year and a half ago when you asked the city to annex it and then you can do whatever the county zoning allows you to do. If you want to know our preference, I think our general preference is that we not have these little pockets of the county throughout the city a nd that it will eventually be in the city but I understand your concerns but you know you asked to be annexed and it looks like we granted it. Now you didn't realize that wasn't what you were asking for and you would like us to not annex it anymore and that's fine but I guess granting some sort of waiver from the requirements along Fairview Avenue for me is personally kind of difficult I mean we are trying to get all of those businesses to be comply and consistent all the way down Fairview Avenue its awfully difficult to annex your property because the other expense is hooking up to sewer and Meridian City Pre-Council M"'lOlting March 11, 2003 Page 6 of 25 hooking up to water and all of those things that cost more money. We certainly couldn't waive that, that's going to cost some money. The other requirements for landscaping (inaudible) I personally like I said I'm not really wanting to waive those requirements because we make everybody else go on it. Ogden: Its like they wanted to put some landscaping up you know its not like we are adverse to the landscaping. Nary: I understand. And we deal with making it smaller and we've done some of those things but we certainly haven't just simply said you don't have to do it. Ogden: It's a significant cost. I'm not sure how far the water is but Ada County, I have some letters that gave us permission for us to continue using the well and not having to be on the water. Not having to bring those in to be zoned C-2. Nary: So at least for me I guess I couldn't feel comfortable with waiving the requirement to hook up to the sewer and water system. That's everybody else's requirement is to hook up to sewer and water within a certain period of time. They have got to do it. I guess for me I couldn't see wanting to do that. Ogden: (Inaudible) a long ways clear across, like 800 feet or something to bring it down to us. And we are kind of a dead end road. Nary: Its right on Fairview isn't it? Bird: Its there. Nary: I think the water and sewer are there. De Weerd: Water's there. Bird: Water. Ogden: I don't know. Smith: Mr. Mayor, council members. Water is along the south side of Fairview across the front of the property. It extends from Jericho west across the front of the used car dealership. Sewer is another issue. There is a - it comes out of Jericho on to Fairview and turns east. I don't know how far that is from Mr. Ogden's property but it's probably diagonally 300 feet across Fairview on an angle. Brad Watson just mentioned that were not sure how deep. I think it's fairly deep there 0 n Fairview but from 0 ur s ewer plant it's supposed to sewer south into the Danbury Fair Subdivision eventually. So sewer is a bit of an issue for this parcel. Ogden: I couldn't remember if it was sewer or water. Meridian City Pre-Council Meeting March 11, 2003 Page 7 of 25 Bird: Mr. Mayor. _ Corrie: Mr. Bird. Bird: Gary what about the Phillips 66 and that O'Leary barn property and stuff where does that sewer or does it sewer? Smith: I'm sorry Mr. Bird which property? Bird: The Phillips 66 that car wash and stuff and the property for. Smith: The Ultra Touch Car Wash? Bird: Yeah the Ultra Touch and all them in there. Smith: It sewers south. Their property sewers south toward the trunkline that runs along five mile creek. Bird: And this is what this property would have to do with it. Smith: As Brad mentioned its set up - it's designated to sewer to the south in to Danbury Fair. But this property is on the east side of the car dealer. Bird: I know where it is at. Smith: And Ultra Touch is on the west side. Bird: Yes and the other one is right there but there all aligned there and there's that little - Smith: There's a stub street that comes out of Danbury Fair, that's where it was Bird: That's where the sewer stops? Smith: Yeah the sewer stops on that stub street on the north edge of Danbury Fair. I don't know who owns that big piece of property that kind of wraps around borders Mr. Ogden's property on the south but- Bird: And Gary is any of that property around there is any of that annexed that you know of you or Brad? Ogden: I think Morgan's property is the one that's around. Smith: Yeah that's right, Morgan's. Meridian City Pre-Council Meeting March 11, 2003 Page 8 of 25 Nary: Mr. Mayor. _ Corrie: Mr. Nary. Nary: I guess at least for me Mr. Ogden and again I don't know what the rest of the Council thinks I mean I guess we are sort of leaving it up to you. I mean if you want and maybe you do need to go explore that with Ada County as well. I mean I guess for me I don't have a problem with d eannexing your property if that's what you want us to do. I don't know if that works for your benefit or not I mean I guess you have to decide that. I think all we're faced with is the question is that a little over a year ago you had asked for a delay and there was some misunderstanding between you and planning and the Council has to whether or not you meant a delay for two weeks or indefinitely. But there was some misunderstanding about that delay and that delay caused your property to be annexed and that wasn't your preference or at least it may not be your preference now. Now again, I don't have a big heartburn in for myself in deannexing property its just putting you back to the same position you were in 14 months ago and if you think that works for your benefit that's not our preference as I said having these little pockets of the county throughout the city can be very cumbersome to deal with. OthelWise if you were annexed into the city you would have to hook up to the water system to me and you have to hook up to the sewer system when you were able to do that when the properties able to do it. Whatever our requirements are that everybody else has to follow. The other things landscaping and parking and those kinds of things we could deal with through the CUP process and we do that all the time that doesn't concern me but I guess ultimately its really up to you. I mean what would you like us to do is really the question I think that we really need to have answered. Ogden: I guess as I mentioned I don't know really what I want to do other then the fact that I just wanted them to be able to lease the property and buy it and use it as is. Soon as they start developing anything that they would have to comply with all the things we have been talking about. But I really don't know what the Ada County deal is as I say you know because like with the water we had a paper from them that says its okay to still use your well water and this kind of thing under their zoning. Now I don't know now if there's the back and forth thing. I don't know really if they would say okay you were that way but now you are not and to get you back in we have to upgrade your deal so I don't know. Corrie: I would suggest that you go ask the county P and Z if that business that they want can still be used there under your C-2 with no changes. If it can then you maybe want us to just deannex it. If they have to do other things its still going to be just as costly and I think they would be better off coming to the city because they have all the services here. So. Meridian City Pre-Council Meeting March 11,2003 Page 9 of 25 Ogden: Okay say that we couldn't and we just wanted to rent it, we weren't selling it. Does it have any varying on - or if I let it sit vacant. Where are we there? Nary: I think you can let it sit vacant. I think that's what its been doing right for the last 14 months? Ogden: Well since last, we have rented it a couple of times. You know to different people. But I mean just what you are saying is when the annexing process happened no matter what happened to that property all these things were supposed to of happened. See I never understood that. Because we didn't do anything. Although we do have sprinkling system and stuff that we put on there but that was for our own - Corrie: So I would suggest personally go back and find out form the county planning and zoning people whether you can have that business there or if you change the businesses now you'll have to do something with them and maybe just as costly as coming into the city. What you need to do is come back and tell us what you can do and what you want and we can make that decision. Anybody have any other comments? Nichols: Mr. Mayor members of the Council and Mr. Ogden. The one thing that I don't know if its addressed in the statutes is if you deannex does it automatically go back to the former zoning from the county's perspective or does there need to be some sort of application at the county level. So when you ask - when you go to planning services at the county say if Meridian deannexes it will we go back to that C-2 zoning or will we have to make some sort of application with you. Ogden: Yeah that was my question. Nichols: Because you need to know the answer to that question as far as timing and everything else that goes along with what you and your perspective tenants want to do on that property. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: The one thing Mr. Ogden I don't want you to leave here without knowing one thing at least I think part of why we are here is it is in the city currently and you can't operate a business in that facility without it being in the proper zone and complying with all the requirements to do that so you can't do that. Am I wrong? I mean they can't continue to operate like they have been if they have been renting it out for business uses without complying with the requirements of the zoning and the CUP that was opposed. Meridian City Pre-Council Meeting March 11, 2003 Page 10 of 25 Hawkins-Clark: That's correct. Ogden: Well we had it rented out as a house. Nary: I just didn't want you to leave here thinking you could at least maintain what you've been doing because you can't do that. You can't have a business operate in there without complying with the requirements. Ogden: Can I get this property moved to Custer County? Nary: If you can figure out how to do that. Corrie: It will be a long haul for the Sheriff. Ogden: Thank you. Corrie: Thank you Marshall. Hawkins-Clark: I'm sorry Mr. Mayor. Corrie: Yes. Hawkins-Clark: Could I just ask one question of legal? Mr. Nichols just for clarification the requirement for them to comply with the landscaping and parking is in the adopted findings of fact and conclusions of law. Ordinance number 934 doesn't have those conditions on it. I guess I'm just wondering from a technicality perspective is we have amended findings in the past and if they have submitted an application to amend the findings to soften these requirements. I mean if that's an option. Nichols: Mr. Mayor, members of the council. It's in the findings because it's in the ordinance. And so a lot of times we use the findings as a means to inform an applicant you know here are the requirements that you are going to have to meet per the ordinance. Because the landscaping ordinance already sets out the buffer along the arterials and that applies as soon as the property is annexed. And the parking requirements and all of those things. One of the questions here is that you know it could be looked at as a nonconforming use when it was brought in or that sort of thing or non conforming structure which is different then a nonconforming use. So we put those in there but you can't unless they change the ordinance the ordinance still would require a 35 foot landscape buffer along that main arterial and those kinds of things. So I'm not sure. We might be able to differ perhaps some of those improvements to such time as the structure changes size, footprint some sort of thing associated with so that because there already is a building there. As long as it stayed the same size and wasn't expanded beyond a certain percentage or something. You might be able to differ Meridian City Pre-Council Meeting March 11, 2003 Page 11 of25 some of those improvements and tie it in to future developments in some fashion. Typically when it comes in it has to come up to what the standards are. Hawkins-Clark: Thank you. Corrie: Okay. Thank you Marshall. Let us know how you want to proceed. 3. Tabled from February 4, 2003: Discussion of Lee Centers Project - Silver Creek Subdivision (fka Powder River Subdivision): Corrie: Discussion on Lee Centers project. Silver Creek Subdivision. Powder River Subdivision. Brad. Hawkins-Clark: Mayor members of the Council. The discussion here tonight on Urban Services is on of a couple that you actually have on your agenda tonight the last item on the regular meeting is also going to touch on this issue so. I trust that you've had a chance to review the memo that I submitted and that Mr. Bird has had a chance to review maybe possible some of the minutes from the last February meeting that he missed which was one of the primary reasons that this item was continued was because of his absence. I think generally what I've laid out in my March yth memo is the Planning and Zoning Departments there is just three a dditional considerations that we had after t he February meeting and 0 f course you had it one month before that as well. But we have received just today a concept sketch plat for the 150 plus acres and the screen does show generally the area that we are talking about. Victory Road is up here on the north Amity on the south Linder. The property specifically is more less here at the half mile on south Linder Road between Victory and Amity on the east side of Linder. Unless you would like me to hit sort of point by point items of the memo. I think as I understand the reason for this is to allow the Council to hear any other issues from Mr. Centers or Clint Boyle his representative. There are of course all urban service issues to be considered and the memo that you received last month that kind of laid out the five development scenarios that he has available to him on this property. Everything from leaving it as a five acre lot subdivision in Ada County to developing a full blown urban density subdivision in the county but with urban services. There are numerous sort of point kind of hanging on this that have been discussed a well that Mr. Centers has offered to design and construct and dedicate to the city to potential park land to potential substation fire lot, a pathway greenbelt system. All of these things have been thrown out on the table and essentially we are looking at a policy decision on whether or not that Council is prepared to extend particularly I guess the urban water and sewer to allow this development to happen in the county who has stated that they are looking very strongly to the City of Meridian for our recommendation on this development. I think the issue of - the path of annexation was one that J touched on and this map doesn't give a real good overview but you can see the south end of Bear Creek Subdivision here on the north side of Victory. Stoddard Road is here that comes down. Kentucky Ridge Subdivision borders the property here on the Meridian City Pre-Council Meeting March 11, 2003 Page 12 of 25 north. As you can see a lot of this Subdivision in Ada County, I think these are one or two acre lot Subdivisions. Egers Subdivision and Pebble Lane, one to three acre lots. Kentucky Ridge is here which is more of an urban density as well as Meridian Heights Subdivision. So in terms of the city agreeing to except even if the city required the lots to annex in the future when the city could annex it in the future. The question is are we concerned about when that would be? So you can see there are some challenges getting a path of annexation to this property. It's not unforeseeable that it would come south of Meridian Heights and come in this way. This property here as been discussed for development over the last four or five years, on the corner of Meridian and Amity and that does border this property. Mainly we just wanted to include that for your consideration. There is also as I a put into the memo the condition that Kentucky Ridge Estates says that they must connect to Meridian once the services are reasonably available. And that condition is on the Kentucky Ridge Estates final plat. So you know I think there's many considerations, you have in your packets a couple of letters from Mr. Boyle that kind of hit some other highlights of the development and from a long range planning standpoint I guess our opinion is to allow this to have a fairly controlled staging or phasing of development at an urban density that we get the sidewalks on both sides of the streets. That the lot sizes as they are proposing an R-4 in Ada County, which would be sort of your 8 10 12 thousand square foot lots. There certainly are some benefits to that as compared to letting it come in with some services that are sort of partial compliance. I guess that's alii had. Corrie: Any questions of Brad at this point. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess hearing from staff. I know Joe took a look this from the fire perspective and urban versus rural and he might have something to add at this point. Silva: Councilperson De Weerd, Council. We discussed this at the rural commissioners meeting last night and Mr. Centers as of a bout a week ago there had been a proposal to perhaps at least offer the city and the fire department a potential site for a fire station location. One of the considerations in placing it within this development would be with the development in the redevelopment district in downtown Meridian we would have a greater need for services and we need to be able to provide reinforcements for calls for service in and around the speedway because of the intensity of the development that will take place around that area. With that thought in mind a location strategically located closer to Meridian Road, which would allow for a quicker access on our north south axis might be more preferable for a future fire station location. I Meridian City Pre-Council Meeting March 11, 2003 Page 13 of 25 Corrie: Did that answer your question? Thank you. Okay Clint. We haven't got all night so be quick. De Weerd: Five minutes. Corrie: Name and address please. Boyle: Meridian City Council members. Clint Boyle, Pinnacle Engineers. 12552 West Executive Drive. I'll try to limit my comments to three minutes or less. I may go over that slightly. I apologize. I was under the impression we were starting at six 0' clock. So therefore I'll try to keep it concise and not waste a lot of your time tonight. This item has been in front of you previously. You have seen a request in the past for a subdivision on this site and there were some issues related to sewer treatment etcetera. This proposal that is in front of you tonight is a project where Mr. Centers is striving to come up with a development on the property and wants to proceed with some sort of development on the property. He wants it to obviously be a benefit for himself but he's also tying to reach some common ground with the City of Meridian and make this a development that everybody can be happy with that the city feels they are getting some benefit and Mr. Centers does as well. I will make the assumption that all of you have seen the scenarios that have been presented so I'm not going to dive in to a bunch of details on those. If you have questions I will answer those. However what I did want to emphasize was a couple of things. Since the last pre council meeting that we had on this site. I have had discussions with Brad on the project on a couple different occasions and received his memo on that. The discussions that we have had again from the planning standpoint was that it seemed to be one of the preferable routes at least from the planning staff was that we submit a concept p Ian that indicated what t he overall build 0 ut of this project may look like. Now with that concept plan again this would be an Ada County project currently, with that concept plan if that moves forth and moves through Ada County for approvals with the city's input we would also have a request for rezone and a preliminary plat that would incorporate what essentially would be 39 lots. Those 39 lots are shown on the exhibit in front of you. This particular exhibit demonstrates the overall boundary of the property with what Mr. Centers is proposing as phase one of this development. What does that mean as far as submittals. Our submittal to the county would include the concept plan for the over all build out showing the over all development of the property what he has in mind. It would also entail a rezoning to an R-4 zone on the just over 16 acres indicated in what would be the south west corner of the property and the preliminary plat on that same 16 acres. What does that do for the city? It requires Mr. Centers to come back in front of the city with subsequent phases with a preliminary plat the city will have more review and control as each phase progresses forward. My understanding and Brad can correct me if I'm wrong here is that the city at least from the City Council standpoint the final plats are not reviewed by the council. So if a preliminary plat were approved on an entire project that would be the only time that you would see the project and then each Meridian City Pre-Council Meeting March 11, 2003 Page 14 of 25 final plat would just be staff level approval. Am I correct in that Brad? Okay. So this way the City Council again can see the phasing as it comes in because we would be submitting a preliminary plat on each phase along with the final plat. As far as the other benefits to the city again you'll know up front what you are going to have out in this area as far as urban development. What it also allows is with Mr. Centers knowing that he can eventually move towards this ultimate build out. It also allows him to make some commitments to the city as far as potential dedications of well sites and also construction of the city well, which has been discussed previously with Council, and we've had various discussions with Gary Smith on that idea. Benefits again there to the city is that the city would be able to have ownership of that well or at least some sort of first (inaudible) of the well however that was negotiated with the city and that would keep any other surface providers out of the area. In other words Lee would have the option if he were to develop in t he county and do a community well of having some 0 ther service provider such as United Water take over that system for him. The other benefits to the city is that the developer is also willing to negotiate for potential park dedications and we do have a concept plan that was submitted to Brad that shows the overall development. I do have some copies of that if Council would like to see them, it indicates where the potential park dedications may occur. As you recall the last time I was in front of you I actually had a copy of the concept plan, that sketch in front of you and the idea here is that there is a few options that may benefit the city. There would be a potential greenbelt pathway that would extend from Linder Road to the eastern extents of the property to a park site there. Then as future development occurred east of this project which would be this larger parcel up on your screen that that could also expand upon that park area and so the city could end up with a nice city park with a greenbelt path from Linder Road right to the parkway. So there are some benefits that he's placing out on the table with this development. Part of the issues that we talked about in the past are the extension of services. Mr. Centers is interested in pursing connection to city services 0 f this project. Hew ould be wiling top rovide that connection himself in the sewer and water main lines. And again this would be based on his understanding that he would be over time allowed to proceed with the full build out of the project. And realistically the way that boils down is that if he only is only going to be looking at a development with ultimately 30 or 40 lots out here till such time in the future as he is annexed or the Black Cat Trunk is available, it doesn't give him as much flexibility to spread the costs associated with construction the well, dedicating park sites etcetera. In my discussions with Brad Hawkins-Clark with the city, my understanding from the discussions that he has had with public works was that Public Works from an engineering standpoint felt that either method, either connecting to city services and or doing the quality water system would potentially be a feasible route and it was more of a policy decision and maybe Gary can clarify from an engineering standpoint but my understanding is that public works department doesn't have any serious issues with either the quality water system from a design standpoint and or the possibility of extending that sewer system. And again I haven't- Meridian City Pre-Council Meeting March 11, 2003 Page 15 of 25 (End of Side One) Boyle: -- but he might be able to shed some light on that if there is objections there. Has this occurred in the past, has the city extended services outside of city limits previously? Again my understanding is yes they have. They've done it with several other subdivisions, as you are aware. They have also done it with other projects that Brad and I have talked about with Summers Funeral Home and Edinburgh Place, Vienna Woods. I mean there are various examples that we could give and all of them have unique situations related to them. This particular project Lee is willing to enter into an annexation agreement with the city. He would be willing to indicate that this project will be annexed when contiguous to the city on the final plat on the deeds and the CC and R's. So it's very clear to any potential buyers in the marketing disclosures that when the city is contiguous that it would annex into the city. And he's also again willing to enter into the development agreements for the well construction and potential dedication to the wells and the park site as well. My understanding again and I think we have all the players here is that Mr. Nichols had talked to the planning staff about that and seemed to be under the impression that we would be able to proceed with that route from a legal standpoint as far as having those provisions in the development agreement that's entered into with the county. With that in we are here tonight to try and come together and reach some consensus on this and come up with a project that will benefit the city and benefit Mr. Centers as well and everybody can come out feeling like it's a win win situation. And we are here to hopefully receive some council direction on this. When we met with Ada County on this project they preferred to see a master site plan on the entire site. However with that said they said well in the past based on Meridian's comments in the past they are going to look towards Meridian for some direction on what Meridian wants to see in their area of impact. Again that is why we are here in front of you tonight is to find out what our options are and how the Council feels about the options and the offer that's on the table. Thank you. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I got one for Gary more then Clint. But Gary I thought that they were going to put in a first class sewer system that when we got ours out. I don't know any sewer system that is even close to that area right now that is capable of being hooked to. We can't go down Bear Creek because we overloaded baby. I'll never vote to put anything more on that line. Smith: Councilman Bird, Mayor and Council. There have been two options discussed. One was the on site treatment facility. The other was to locate a pump station on site and pump to the bear creek lift station in off peak hour time schedule. We don't know for sure what the impact to our system would be with that scenario. I've talked to Brad Watson about it and our discussion has been Meridian City Pre-Council Meeting March 11, 2003 Page 16 of 25 that it probably wouldn't be that great of an impact on us on off peak times initially. Full build out, that's another question that hydraulic calculation needs to be made. You know we aren't absolutely sure how that is going to work or how many homes could be developed under that scenario. We are interested in seeing that operation of sewer and water facilities are available by the City of Meridian and not another entity. Its my understanding and I can't recall who I was talking to but I think that someone in our staff it might have been Brad Hawkins-Clark about the definition of municipal services under a county subdivision urban lot subdivision. That the County defines municipal services as either city or a sewer water district. So I'm not sure about the legalities of the dissolution of a sewer district or water district or how difficult that is. Seems like somewhere along the line I've understood its difficult once they are formed but I don't know how difficult. The 0 ther thing t hat I guess 0 ne thing that we have talked a little bit about previously is setting a precedent not only in this area but in other areas in Meridian. I've always been of the attitude that we try hard not to pump sewage from one drainage area to another just from an impact standpoint on gravity service development. But I also understand that other cities have worked in off peak hour periods of time for doing that on a temporary basis. Your probably aware, well I'm sure you are aware of the interest in the construction of the interchange on Ten Mile Road and 1-84 along with the associated extension of the Black Cat sewer trunk that we presently have a consoling engineer under contract for design of that trunk right now and they are preceding with it. Were assuming that all things go well with the acquisition of easements, approval of plans etcetera. The engineer is projecting that that trunk lines should be constructed within two and a half years something like that. The interchange is - the developer Eastborn is being very aggressive about moving forward with the design and they have done some preliminary concept design that the city has been a partner in as far as financing and they have been very aggressive in meeting with property owners and around the interchange and so you know its hard to put a time period on that but it kind of boils down to financing that's available. Or that they are able to secure that the developer is able to secure that they can use as kind of a bargaining chip with ITD to secure state funding or a share of that interchange. Difficult to - and at the meeting last week that Mayor Corrie, Brad Watson and I attended a representative from ITD didn't want to put his finger on any time periods as far as when this could happen. But anyway having said all of that five to seven years from now that may be a reality, we just don't know. And where Lee Centers project is, in five to seven years if we are still pumping in to the Black Cat trunk and we do have an eight inch line in Overland Road that this Black Cat sewer lift station pumps into that needs to be analyzed for even during this off peak time pumping but I think even on the shorter period wed on't have a b ig concern with being able to dot his. A nd I guess weighing that against having another party enter into operation and maintenance or ownership of a utility for the subdivision, water and or sewer. Bird: Gary I don't believe we need to worry about having another party come into our impact area. I think we still got some power as long as its in our impact area (' Meridian City Pre-Council Meeting March 11,2003 Page 17 of 25 we would have, as I understand it, we would have to agree with it. But when we put the last one in- that sewer system coming out of your department we had real concern about not having the capacity on down the line. We had to do some stuff at Franklin Road to change some things. What about Franklin Road as it starts developing, we got and I realize they are not heavy users that are going out there right now but station - Smith: They are all flowing to the west into the Black Cat sewer. Bird: They all flow to the west are they doing that right now? Smith: No. Bird: What are they doing now? Smith: They will be going into Franklin Road. Bird: In the back right? Smith: Yes, correct. Bird: And as far as I now on that Black Cat Trunk we are only going to the freeway at this point. Smith: We're taking - our project is taking it to Ten Mile Road we are short of the freeway by going through the property that Eastborn develops or owns. Bird: Yeah we are going to Ten Mile and then at that point we go back up Ten Mile and then we start getting the Franklin deal thing in here. Smith: Right there is part of that that goes up Ten Mile Road. Bird: I have absolutely no problem with this as long as you and Brad are comfortable with it. But if it's going to affect somebody that is already on that line that can't be on another line then we need to take another look. I think the development that Lee has brought forward is very good. I like the R-4 situation cause we as a city moves out there it'll conform and come into it. We don't want another Kentucky Ridge sewer system. I have no problem with it but I just, after Bear Creek your department was quite concerned that we had put too much on that line. But if you are feeling comfortable now. Smith: Weill guess the whole card here is that the sewage would be held on site on their site in a holding take and it would be discharged to our system in off peak time period. That's the whole card. Otherwise we would still definitely have the same stance that we had on Bear Creek and I'm still saying this would kind of a degree of hesitation because we don't know for sure what the hydraulic impact I Meridian City Pre-Council Meeting March 11 t 2003 Page 18 of 25 is going to be to the system even in off period. We just got some flow information from our Waste Water Department on Bear Creek. Brad hasn't had a chance to analyze it to see what kind of impact that is having on the system right now. But we do have that information now. Bird: As long as you and Brad feel comfortable with it. I have no problems with it. I have no problems if you feel comfortable with it. If we pass something and recommend something and five months later have the staff come back and say you guys screwed up. Like we had at Bear Creek. Smith: We didn't say that Councilman. Corrie: Any other comments from Council. McCandless: Mr. Mayor. Corrie: Mrs. McCandless McCandless: At one time I know we had this concept of wanting to develop Meridian from the inside out. Not from the outside in. Which is what we would be doing with this. I'm still pretty consistent with my feeling that if we are going to develop property south of the freeway we really need to take a long look at the infrastructure and I'm not just talking about sewer and water but I'm talking about roads. I'm talking about police and fire protection. I'm talking about all that. And I don't agree with this type of concept out there at this time. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Councilwoman McCandless. This would be Ada County's Police at this point until we grew out and annexed. Then I'd hope our police department would be grown. The fire district they are already paying taxes out there a pretty healthy mill levy to the rural fire district for fire protection. That would be just more money for the rural fire district. So in my book that isn't something - that's something we should look at but it isn't a real big concern. Smith: Mayor. Corrie: Gary. Smith: I'd like to make one more comment. What Brad Watson and I were in need of is your opinion as to whether or not this is a viable request by the developer so that we could as your engineering department move forward with a hydraulic analysis of what impact this sewer system is going to have on our system and if we are going to be able to handle this. Because at this point what i Meridian City Pre-Council Meeting March 11, 2003 Page 19 of 25 we have is kind of a gut feeling that initially we are not going to have an issue but how far along the- development of this 152 acres are we going to get before we do have an issue even with off peak pumping. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Its sprawl. I've been trying to figure out a way to not be blunt but you know I understand that Mr. Centers needs to do something because he has an investment and he needs to do something. This is not a growth area that this Council has talked about as any kind of priority and by either pumping or anything else, its going against the policies that we have been talking about over that last year, two years, three years a nd if w e make exceptions here we a re going to have to make exceptions every single time we might as well just change our policies and say lets open the doors and I don't care where you are in our area of impact have at it. We can't service that area. I'm more in the mind of if we are not going to be able to service that in a timely fashion we should not have it in our area of impact. And it should be allowed to grow at rural density because it would be county property then. But at this point we can not support it at an urban density its not good growth patterns, it's not what we have been telling our public through the Comprehensive Plan process through any of our ordinance discussions. Through even some of the development applications, this will be totally inconsistent to what we have been talking about in the past. Corrie: Let me asking you a question Clint. How long is your client willing to wait until we have all these studies done? Boyle: Hydrology study? Is that specifically - Corrie: The other studies (inaudible) of why we should and all that so everybody is comfortable. How long are you willing to wait? Boyle: You know that's probably a question that Lee would have to answer himself. I guess I would just bring up the point that he has been in the area of impact and the urban service planning area for 10 years. He's still in it as of the last Comprehensive Plan update he is still in the Urban Service Planning Area. Now granted Ada County adopted that in 97 again that says an area that is reasonably going to grow in 10 years and we are definitely out to those limits right now. As far as how long could he wait, he's waited quite some time already. Certainly he wants to move forward but he wants it to be something that again that the city feels comfortable with and that would be a benefit to everyone. If we are talking about a matter of weeks or a couple of months I imagine that would probably be acceptable, if we are talking a year or to two years to do the studies. That is probably not acceptable for what he is looking to do. I just might it on the sprawl issue. Obviously there has already been a lot of development within this Meridian City Pre-Council Meeting March 11, 2003 Page 20 of 25 area. There is Kentucky Ridge, Meridian Heights all of those projects have densities t hat are. very similar tow hat weare proposing here and t hey a re a II right in the same section for what we are prosing this development. If you look at surrounding sections in that area there aren't that many sections south of Victory Road that have that type of urban density that has already occurred within it. Tuscany Lakes Subdivision extends as far south and you can see from this map as we are proposing here. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: You know I'm sorry but Clint I think the concept is really nice the timing just isn't and I agree with your client. If we can't serve it in that 10 years amount of time we should seriously be considering about taking it out of our area of impact because even looking at all the indicators. We are not going to get the Black Cat trunk to that area after, even within the next five or seven years from what I just heard and two wrongs do not make a right. You know none of the current Council right now we are sitting up here when those applications came through. I can't answer to that but what we've been trying to do is really look at developing our community in a planned way that's going to benefit the community as a whole and I don't even think we are going to be benefiting your client by setting him out there, and I think it is in the middle of nowhere because its not contiguous. And that is one thing that we really showed a commitment to is growing contiguously from the inside out and not creating pockets and not creating more headaches to not only our services but also our citizens. And I don't know what direction the legislature is going to go but I'm really hesitant to create another fiasco like happens in Boise or Rexburg or Hayden Lake or anything else where I don't care how many places who put that you are going to agree to annex when you are contiguous it probably has changed hands three or four times by then and no one cares at that point they do not care that they promised when they signed that t hey would annex, its till will be a nightmare. And I don't think it's a policy that the city is eagerto have to go through and adopt. Corrie: Okay I'm going to close this off real quick. Mr. nary do you have anything. Nary: Mr. Mayor I guess the only thing I would add is I think echoing the same thing Council member De Weerd and McCandless said. This just doesn't seem to fit and I think we probably need to look at taking this area out of the area of impact. I agree with Mr. Centers, I mean he has waited a long time. We have an obligation to get there we are not going to get there. It doesn't appear that we are going to be able to meet that and I just assume move that out because although I do agree with what Councilman Bird said was that its not necessarily our police and fire that are serving this area all of those people think we are Meridian City Pre-Council Meeting March 11, 2003 Page 21 of 25 responsible for t he way it looks 0 ut t here. It doesn't matter tot hem what car shows up at their .house. They think its our responsibility they think its all part of Meridian its on that map that's its part of Meridian in their mind. And if we are not going to serve it and that's what I'm hearing is that I think we really need to look at that and whatever the county wants to do they can do. Corrie: Okay. Clint. Boyle: Can I just ask one final question then before we wrap up? Let me ask the Council this then. If this property were contiguous to the city would the discussion be different as far as the council's opinion. If this was contiguous to the city would the thoughts and feelings be different? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: At least for me it would be more like Tuscany Lakes, you used that as an example and it was contiguous to the city. That was why at least three of us agreed that that was worth extending to. So if it was it certainly would be worth that discussion I mean I think we still have some issues about service but I think if it was contiguous it certainly would be a little bit more to talk about. De Weerd: Mr. Mayor. Corrie: We have too many ifs going here for me and the way I'm hearing it we have three to one and that's not going to give me an opportunity to do anything but personally I think there is just too many ifs here. We got people all around that's going to want to come in and everything else so Mrs. de Weerd you can have the last word here. De Weerd: I guess I just wanted to respond to Mr. Boyle's question it would be slightly different because the access that you are talking about is off of Linder and none of the urban densities in that area is really off of Linder its more off of Victory its more off of Victory or the freeway there, I guess its just a highway it seems like a freeway at times. But and I don't even think it would be the rural clustering idea is you know so that you can go urban when we are out there. I think there are still possibilities but its just not, we can't grow in every area of our city and that is the area that has been the last priority just because of the proximity of that sewer line and going underneath the freeway and a lot of the modeling that I think that the engineering department has already discussed. But we are a long way from serving that area. Bird: Mr. Mayor. Corrie: Mr. Bird. "" ( Meridian City Pre-Council Meeting March 11, 2003 Page 22 of 25 Bird: I don't know if its three to one or not but I agree with councilman Nary. If we are not one to service it or anything lets get it out of our impact area. Let them bring Boise water in and put them in a good deal and let him be able to turn his investment over and in this economy anything that will help I'm for, the economy. So I'm like Bill if we don't want to service it and [ know that is the trunk line that is the last one to be put out. Were probably 10 to 12 years from having it out there. And we can't ask some person to sit on the ground that long. We can't do that so I'm for letting them take it out of the impact area if we can't service it. Corrie: Okay. With that being sent Clint if we need further discussion we can do it later on. I've got 30 minutes more of things here so we can get back together and keep in touch of the quirks and that and let you know how we are doing here. It doesn't sound good from this point. Boyle: Okay. Thanks. 6. Discussion 0 f ACHD Road Widening Franklin Road Project I ROW Purchase Agreement: Corrie: I would like to with Council's permission to discuss the ACHD road widening at Franklin Road and the project right of way purchase agreement since that is on the consent agenda. I'd like the council to hear that so if they have any questions after they can pull it off the consent agenda. Elroy. Huff: Mayor and Council I appreciate being able to be here. I have some handouts for you on this project. I met with the consultant with this road widening project. On that top page the blue area is the area that is affected by the road widening project. Primarily on the about middle of the page you can see the big square there that's the Meridian Chamber 0 f Commerce. T hat a rea f rom just above there where the street goes into Storey Park back down to the corner at first street on that side is the area affected. The proposed area is approximately 17, 300 square feet and it does come into a little ways into the existing park land. And the second page it shows the area of take and the estimated costs involved in that based on eight dollars seventy five cents a square foot. Also met with the consultant on that issue concerning landscape restoration and things along there so we didn't have anything unfinished when that project went to work so when we were all done it would look good. We are giving up a little bit on page three if you look at the top picture you can see in the right corner right lower corner there is a sidewalk right there by that power pole. That orange or red line above that is really straight above that corner of the sidewalk. Sidewalk w ill continue down and go right to that red line is back of sidewalk. The red line on the far left is the permanent easement. There is a lot of work to be done there quite a bit of that area is area that was already there in a right of way developed on the right side of that fence as you look at it. The bottom picture basically shows the same thing i Meridian City Pre-Council Meeting March 11. 2003 Page 23 of 25 just from a different angle and the picture on the bottom picture your red mark to the left is back of sidewalk. And the permanent easement is the one on the right. On page four on the top picture it shows on the far right it shows back of sidewalk the tree will be affected it will be taken out. Permanent easement is the orange line or red line in the middle and that blue line on the far left is just a temporary easement for construction and things like that. Then on the picture on the bottom it kind of shows the where the back sidewalk is, there is a little jog in there which will now no longer be there, sidewalk will come straight on through right up there and then I don't have a picture of the corner but that pole right there with the signal light would be set back a little bit. So there is some area given up there but looking through everything with the landscape requirements we'll have those everything worked out there where it would look really nice and decide what kind of fencing we will need there for esthetics and safety, those things will be decided. We just haven't decided as a parks department what kind of fence we will ever put there, we know we need one we just don't know which one it is going to be yet. So the amount there if you look at that beneath the total is market value is 176,620. Do you have any questions? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: So Elroy just so I'm clear this on the third page the top one the line that is running adjacent to the Chamber of Commerce building that would be a fence line? Huff: The one if you are looking at the picture. Nary: Its not the roadway is it? Huff: No, the roadway is clear out there where the vehicle is out there. Its out in the flat gravel area. Nary: So this would be probably just a fence or something. Huff: If you are looking at that top picture on your left that's just back of easement that's all landscape and then the orange or the red mark on your right that points up towards the sidewalk or the power pole is back of sidewalk. Nary: Okay. Huff: The angle just looks weird on that but that's what it is. Nary: Looking at that I thought they were going to have cars driving right next to the building. Meridian City Pre-Council Meeting March 11, 2003 Page 24 of 25 Huff: But there is a lot of redo there. There's irrigation lateral that we just took out and moved a Uttle bit. We have a transfer pump station in there and we have made arrangements for that to come out and no longer be there so I don't have an extra pump and extra power to pay for. Things like that we made those changes. It makes it a lot cleaner then it is now. It will look much better then its ever looked. That part is good and otherwise I guess I like it the way it is at this point. I did run these figures and all the stuff in the books through Public Works and those guys have seen those things and so. Anything else? De Weerd: Looks great. Corrie: Thank you Elroy. Kenny yours comes to 16,026 dollars for your part of the right-of-way by the fire station. Bowers: That's affirm. Yes Mayor Corrie and City Council members. Where our front sidewalk is at will be 12 to 15 feet north of where it's at now so they will have to take out one of the trees, some of the grass in the area, some of the sprinkler system. But we thought we built the sidewalk in the right place the first time but then they decided they weren't going to take as much from the cemetery because they would have to move to many plots over there. So there are coming more on our side. So it won't affect our ramp or anything out in front of the station. Corrie: Any questions for Kenny? One other question is the attorney has looked at these and so has Public Works, Fire and Parks. So I'll hear from the city Attorney, do you have anything to say or any problem with this? Nichols: Mr. Mayor members of the Council. The documents appear to be appropriate in terms of the form of the documents for purchasing the right of way. My thing that I'm not an expert in is how much something is worth and it appears that they have used a slightly different calculation on the value of the Fire Department property from the Storey Park site but then Storey Park is on an intersection of two main arterials where the Fire Department is not and I assume that is where the increased value for that land is. So they appear to be okay to me. Corrie: Thank you Bill. Any questions of Council? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: On the other items that we haven't got to did you want to put them on the end of the Council agenda so we can take at least a short break before we start the meeting? /OC , Meridian City Pre-Council Meeting March 11, 2003 Page 25 of 25 Corrie: I would prefer that you do that and then at the end of the Council meeting we can come back and finish up those other three so. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Do we need to have the executive session now or at the end of the Council? Corrie: I don't know. Nary: We can have it at the end. Corrie: We can have it at the end I guess. Okay then we will have the discussion on the Eagle Road improvements, discussion of Blakeslee Associates, fence variance and executive session later. So with that being said I will entertain a motion to adjourn. De Weerd: So moved. McCandless: Second. Corrie: All in favor say aye. Opposed no. All ayes. Motion carried. We will be back here in about two or three minutes. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:58 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) \\11 \llIlt!! lilt/It \\' r~'C: f;.f~;:-" 1'1 ~ (.--'2 /J '2\\\"\--t ~<~- -;<"'/~/DL .............../ ..:J I d I f/:.}!' c} 00r,p~'-1;p % $' ~ '<6 ~ ~ - , - - - = = March 7,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 11, 2003 ITEM NO. 4 REQUEST Discussion of Marshall Ogden Property Annexation at 1065 East Fairview Avenue 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: ~~t"" a..H-Cl~d ;P pi;v/ y~r {0l~pP~ ~ aJ~ r} Contacted: Date: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. MEMORANDUM RECEIVED MAR 0 7 2003 Date: March 6, 2003 City Of Meridian City Clerk Office To: Mayor and City Cooocil Fm: Dave McKinnon, Planner II Re: The Podiatry Building, 1065 Fairview Avenue (Marshall Ogden) On January 15, 2002, the Meridian City Cooocil passed Ordinance No. 02-934, approving the annexation of the. 99 acres of land located at 1065 Fairview Avenue. The property was zoned C-2 (Ada County) and was granted a Meridian zoning designation of C-G upon annexation. As part of an annexation application, the City of Meridian could place conditions upon the annexation, and chose to do so in order to ensure the future use and development of the property would be in compliance with the City's development standards. The conditions of approval are fOood in the Findings of Fact and Conclusions of Law (FF/CL) for File No. AZ"() l..() 10 (approved 11-20"() 1). Among the conditions was a requirement to file for a Conditional Use Permit prior to development of the property, the installation of parking per the MCC, the construction of a five foot wide sidewalk on Fairview Avenue, and the installation of a landscape buffer on Faitview Avenue. At the time of the annexation request, the owner of the property, Marshall Ogden and his partner Cae Parker, had a buyer for the property that intended on developing the property upon annexation into the City. Prior to the night of the City Council Hearing for the annexation of the property, the sale of the property dissolved and Coe Parker requested the annexation request be continued, in order to evaluate their position on the annexation and re-zone request The hearing was continued for two weeks and neither the owner nor his partner showed up for the continued hearing two weeks later. At that hearing, the City Council determined that the property met the requirements for annexation into the City of Meridian and annexed the parcel of ground with the aforementioned conditions. The subject property has remained essentially vacant from the time it was annexed by the City in early 2002. Approximately two (2) weeks ago, a woman came to the Planning and Zoning Department for a Sign Permit for the subject property. I recognized the address and informed her that there were several conditions that must be met prior to the use of the property for retail use. I gave her a copy of the FF ICL and pointed out the improvements that would be required prior to the use of the property. A few hours later the owner of the property called and stated that he had been unaware of the conditions placed on the property and wanted to know if there was a way to avoid making the required improvements on the property. After talking with the City Attorney, it became apparent that the CUP requirement could be eliminated., but all of the other requirements placed on the annexation of the property would need to be met prior to occupancy. The required improvements will be expensive and somewhat time conswning for installation, thereby making it economically unfeasible to develop the property. Upon meeting with Mr. Ogden, I explained the situation and we discussed the requirements and some possible options for resolution of the problem. The result of the conversation, and other conversations, was a request for the issue to be placed in front of the City Council in a Pre~Counci1 meeting, to discuss the annexation, possible de-annexation, or the potential reduction in the requirements placed upon the annexation and the different methods for allowing development to take place at 1065 E. Fairview. March 7, 2003 MERIDIAN CITY COUNCIL MEETING March 11. 2003 APPLICANT ITEM NO. 6 REQUEST Discussion of ACHD Road Widening Franklin Road Project I Row Purchase: 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 SsLtV Jrf~ t0i r~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. PROJECT MAP Parcel 3 (City of Meridian) Franklin Road (East 18t St. to Nola Rd.) r= l,o t ,. ~ i: fi ~~ ?" ,,~.~~ " .f'''' ......,/ ~.~~~ t''-} 4.~~' "::I.: :o\-:-~. >t "" i i i i ~r .1~ d_ RECEIVED MAR 1 1 2003 CITY OF MERIDIAi'4 ' Proposed Acquisition (in blue): 17,311 Sq.Ft. (per Sheet 1 of plans) Permanent Easement (in green): 1,300 Sq.Ft. (per Sheet 1 of plans) Temporary Easement (in yellow): 225 Sq.ft. (per Sheet 1 of plans) . - ".::r " ACHD Project #501019 Franklin Road, Main to Nola Parcel #3 T3N, R1 E, Section 18 Exhibit "4" APPRAISAL SUMMARY MITIGATION OF DAMAGES ~CEIVED MAR 1 1 2003 ~. CITY OF :MERIDIAi~ Take Area . 17,311 Sq. Ft. @ $8.75 Sq. Ft.:............................................................... $151,471.25 Permanent Easement Area . 1,300 Sq. Ft. @ $8.75 per Sq. Ft. @ 50%............................................... $ 5,687.50 Temporary Easement Area . 225 Sq. Ft. @ $8.75 per Sq. Ft. X 12%................................................... $ 236.25 ~. Take Area Improvements . Landscaping Items .......... ............. ..... ....... ............... ..... ...$15,595.00 . Fence (350 Ln. Ft. @ $9.90 Ln. Ft)..................................$ 3A65.00 . Gate (3' wide gate) ..........................................................$ 165.00 Total for Improvements..... ....... ............... ............... ..... ................................. $ 19,225.00 T atal Fa ir Market Value ... .......... ". ........ .......... ....... ............ ...... .a.",... ......... III .,,'u ..... ........ """ $176,620 I 0 0 District will, at the expense of the project, remove the irrigation pump located at HS 108+ 70R and at that location connect proposed new 12"PVC to the existing line extending south. ~. Contractor is to coordinate landscaping restoration with the Parks Superintendent, Mr. Elroy Huff who can be reached at 888-3579. ,. . c t'. SUBJECT PHOTOGRAPHS (photos taken December 24, 2002 by Albert W. tllll, NUll) Parcel 3 (City of Meridian) Franklin Road (East 1st to Nola Rd.) Photo 1 - View west along Franklin Road frontage showing partial acquisition (in red) and proximity to City of Meridian Chamber of Conunerce building. Photo 2 - View east along Franklin Road frontage showing partial acquisition (in red) and proximity to City of Meridian Chamber of Conunerce building. It~CE MAR 1 1 2 CITY OF MERI , t SUBJECT PHOTOGRAPHS (photos taken December 24~ 2002 by Albert W. Hill, MAl) Parcel 3 (City of Meridian) Franklin Road (East pl St. to Nola Rd.) ~CEIVE MAR 1 1 2003. ITY OF MERID Photo 3 - View west along Franklin Road frontage showing partial acquisition (in red) and permanent easement (in blue). Photo 4 - View east along Franklin Road frontage showing partial acquisition (in red). March 7, 2003 MERiDIAN CITY COUNCIL MEETING APPLICANT MarCh I I , 2003 ITEM NO. 7 REQUEST Discussion of Blakeslee & Associates Letter 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: 5 e {" al:tach ed.... JJ fA l {,JIV {; ~ Contacted: Date: Phone: Materials presented at public meetings shall become prQpelfy of the City of Meridian. I i f- RECEIVED MAR - _4 2003 C~ty of Meridian ~lty Clerk Office Blakeslee & Associates. PO Box 2592, Boise, Id 83701 . 208-3,45-4133;dahtime@mindspring.com F eb1Jlary 21, 2003 . Mayor Robert Corrie Council President Tammy de Weerd 33 E. Idaho Avenue Meridian, ID 83642 Dear Mayor Corrie and Council President de Weerd, 'W' ?- It has now been 5 months since the results of the Meridian City"'Customer Service Project were turned over to the perspective departments to utilize in strengthening and improving their 41 service. It is time to implement the next, step in the process-a formal internal follow-up to see: ~ · How the two departments are aoing with all the information that they received. . What new processes they have developed. b · What kinds of challenges have occurred. . What cuStomer service training is still needed. . What has been the response to them from their customers. '" , I want do this process by personal interviews with the directors and managers plus a confidential questionpaire to each employee of the department so that they can give us a candid perspective of what is happening., The ~esults of the interviews &Ild survey would be distributed and , discussed 'With the City Council. I want to, also. meet 'With each department as a whole and discuss the results and do necessary training as I did in the past. Since we and your customers have discussed the need to follow-up with the same questionnaire/interview process. 'With the same 109 external customers, probably starting this late summer or early Fall, it is essential to get candid feedback from your employees now to see what progress is being made or what adju,stments need to be done if necessary." " I would like to meet and discuss how this would occur. The total inveStment financially would depend on what work is chosen i.e. how many employees/managers are included in the survey and.personal interview process and if the results would require additional training. Please let me know what you think: of this proposal." We could meet to discuss it in much more detail then I could project the cost-factor. I will be out-of-town until March 3 but would like to meet with you that week if at all possible so we can get the ball rolling on this. I have flexibility in my schedule on 3/5.6,7 so please let me know what will be convenient for you. Best regards. AJ~' President Blakeslee & Associates q ~ l2 ~ ~ '" '" b "" ... I ** TX CONF I RMd . j REPORT ** { \ AS OF FEB 28 '03 17:1'" PAGE.01 CITY OF t~ERIDIAN DATE TIME TO/FROM 19 02/28 17:02 3810160 20 02/28 17:03 PUBLIC WORKS 21 02/28 17:04 8841159 22 02/28 17:07 2088840744 23 02/28 17:07 2088467366 24 02/28 17:08 8985501 25 02/28 17:11 2088886854 26 02/28 17:12 8950390 27 02/28 17: 12 208 888 1983 30 02/28 17:16 12084664405 MODE MIN/SEC PGS CMDll STATUS EC--S 00'29" 001 022 OK UF--S 00'11" 001 1322 OK EC--S 00'21" Gel 022 OK EC--S 00'21" 001 022 OK EC--S 00'21" 001 022 OK EC--S 00'20" 001 022 OK EC--S 00'20" 001 022 OK EC--S 00' 21" 001 022 OK G3--S 00'28" 001 022 OK EC--S 00'22" 001 022 OK -------------------------------------------------------------------------------------------- ;/hau JP06+h-v fJ~l/c ;f/o-/;~-- ~ CITY OF MERIDIAN REVENUE ENHANCEMENT' EVALUATION TASK FORCE AGENDA Thursday, March 6, 2003 at 5:00 p.m. Meridian Fire Station #1 Conference Room Irma Atkinson _ Sheila Bresnaham _ Joseph Bongiorno _ Bob Chandler _ Greg Corrie Christine Donnell == David Fulkerson Brad Gilmore Rich Greene _ Fred Helm AI Johns Lori Jones Jim Keller Darrel McRoberts Gene Strait Rod Stiller Shaun Wardle 1. Introductions of Committee Members: 2. Selection I Election of Officers: . Chairperson: - Vice Chairperson: . Secretary: 3. Review I Set Objectives: 4. Discussion of BUdget I Revenue Materials: 5. Discussion of Suggestions for Revenue Alternatives: City ot Meridian Revenue Enhancement f Evaluation Task Force Agenda - March 6, 2003 - Page 1 of 1 All matetiafs presented at public meetings shall become property of the City of Meridian. Anyone desiting accommodation for disabllltles related to documents and/or healings, please contact the City Clark's Office at 888-4433 at least 46 hours prtorto the public meeting. *'" TX cow { 'c. .ION REPORT >Ioi< AS OF PEB 28 '133 17: CITY OF MERIDIAN PAGE. 131 01 132 03 134 135 06 137 ea 139 Ie 11 12 13 14 IS 16 17 18 28 DFlTE TIME TO....PROM MODE MIN/SEC PGS 132/28 16:43 3811<11613 EC--S ee'36" Bel e2"28 16:44 PUBLIC WORKS UF--S Be'lE," 001 02....28 16'45 2084664405 EC-S e0'2S" 001 02/28 16:46 8841159 EC--S ea'26" eel 02/28 16:47 2088840744 EC--S 00' 26" e01 02/28 16:482008467366 EC--S 130'26" 001 02....28 16:49 8995501 EC--S 00'25" 13131 02/28 16:50 LIBRARY EC--S 1313'3e" eel e2/28 16: 51 208 388 6924 EC--S 00' 31" 001 02/28 16:52 2e88886854 EC--S B0'25" e01 e2....28 16:53 8950390 EC--S e0'25" 001 132/2816:552083976393 EC--S 00'25" 001 02/28 16: 56 ADA CTY DEIJELMT (;3--5 00' 41" 1301 02/28 16:57 CHERRY LANE EC--S 013'313" eel 02/28 1&:58 POST OFfICE EC--S 1313'36" 1301 02/28 16:59 209 889 1993 G3--S 00' 30" 0131 e2/28 17:00 10 PRESS TRIBUNE EC-S 013'25" 001 e2/28 17:el 208 888 67e13 EC-S 013'25" 001 02/28 17: 14 CHAMBER-COMMERCE ---S 00' 00" 1300 THIS DOCUMENT IS STILL IN MEMORY CMOII 021 021 021 021 021 021 e21 021 021 021 021 e21 021 1321 1321 021 1321 1321 021 STFlTUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK BUSY --------------~------------------------------------------------------~------~--------------- f/ I ea.J.e. j! (/ J I- fin- f/u4& C ;II oh~ --: 'I ha..-..-k-I' MAYOR Robert D. Come CITY COUNCIL MeMBERS 'Thmmy d.Weerd William L. M. NOS)' Cherie McCondle.. Keith llirci ~ cUe~di~n k IO^HO " "" "" ~,;:;V LEGAL OEPARTMe.'IT (log) lSB.14!l9 . fax 28S-2S01 PM\KS & RECREATION {lOB Ba8-3S7g . ~ax 898.SS01 PUBLIC WORKS a08lB9B.SSllO 'F:l, 881. L291 BUILD LNG OEPAItTMSNT (20%) 887.2211-.", 8il7-12n ~LANNING AND ZONING (10%\8l14-5533. Fa 888.6854 NOTICE OF SPECIAL MEETING CITY OF MERIDIAN REVENUE TASK FORCE NOTICE IS HEREBY GWEN that the City of Meridian Revenue Task Force will hold a Special Meeting at Meridian Fire Station, 540 East Franklin Road, Meridian, Idaho on Thursday, March 6th, 2003 at 5:00 PM. The Revenue Task Force will meet to discuss the following items: - introduction of committee members - selection J election of officers - review J set objectives - discuss budget J revenue materials - discuss suggestions for revenue altematives. The pUblic is welcomed to attend. \\,\\\\\Elllll'!!'rl/Jt, DATED this 281h day of February, 2003. ~",\ -{ Of' ~!Dt: 1111", ~ ~ "11oo-'l A "''''~ Ci.c,o~~ '<--;; V.'~~ - iE ~- ~ ~ ~. ~ William G. Berg, Jr. ~ EAL !'> ~ City Clerk. - City of Meri~n ..,~ "r!' 0 g %"16 ~7" ,s-t . .;;:. f 1:> "1 \'\)'1{' ~~~ ""It" C'oUtI!,.'! , \\\\' City of Meridian Revenue Task Fo,oe - March 6. 2003 I{ON; . l<C\\;\\\ All materials presonted at public meetings shall become property of the city of Meridi~n. . .,. ' Anyone desiring accommodation for disabILities related to documents and J or hearings, pLease colll:ac:t Ihe City Clerk'.. Office at llBs.4433 ilot least 4B 110U1$ I'ootto lhe pUblio meeting. 33 EAST IDAHO. MERlDIA!>I. IDAHO 83642 (208) 888.4433' F>x (208) 887.4813 . City CI.r~ Office FllX (208) 888-4218 . Hum.n R..:sourcc, FQ' (208) 884-8723