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HomeMy WebLinkAbout2003-05-13 CITY OF MERIDIAN CITY COUNCIL SPECIAL EMERGENCY MEETING AGENDA Tuesday, May 13, 2003, at 4:30 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd )( ~ Cherie McCandless )( o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: ~f/UL- 3. Executive Session as per Idaho State Code 67-2345 (1) (b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member or individual agent, or public school student) : #_ ~ -f (c-) /L 0 a:..e: cc',)"/~ Meridian City Council Special Emergency Meeting Agenda - May 13, 2003 - Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 24 hours prior to the public meeting. MAYOR Robert D. Corrie ,""""" J.~:) :~ I-;l' I ' _,. &~;: "~ cUe;;dl;~~"l~ \ IDAHO l /y .Y' q,HC, , ,1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208 888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887 -2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL EMERGENCY MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Emergency Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, May 13, 2003 at 4:30 P.M. The Meridian City Council will hold an Executive Session (the session is closed to the public) in accordance with Idaho State Code 67-2345 (1) (b). The public is welcome to attend the special meeting but the executive session will be closed to the public. Meridian City Council Special Emergency Meeting - May 13, 2003 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 24 hours prior to the public meeting. - - - DATED this 12th day of May, 2002. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 P/.eay f/oJ-f { .L;y ;:J~U ~/ ~/;('.., - 7h~b MAYOR Robert D. Corrie , ,"<I l~~' ", cUe;;di;;;--/; \, lDAHO l /y .F' 01"",, 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL EMERGENCY MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Emergency Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, May 13,2003 at 4:30 P.M. The Meridian City Council will hold an Executive Session (the session is closed to the public) in accordance with Idaho State Code 67-2345 (1) (b). The public is welcome to attend the special meeting but the executive session will be closed to the public. Meridian City Council Special Emergency Meeting - May 13, 2003 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 24 hours prior to the public meeting. ~ DATED this 12th day of May, 2002. 33 EAST IDAHO · :MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 Sharon Smith From: Sent: To: Subject: ~ 05- 13-03 exe b.doc Sfiaron Smitli ;MerUfiatt City Cferlij Ojft:e %, 888-4433 exJ 210 Sharon Smith Monday, May 12. 2003 5:07 PM Bill Nary (E-mail); Tammy de Weerd (E-mail); Anita Overlin; Anna Powell (E-mail); Bill Nichols (E-mail); Brad Hawkins-Clark (E-mail); Brad Watson (E-mail); Gary Smith (E-mail); Janice Smith; Keith Borup (E-mail); 'Kenny Bowers'; Kristy Vigil (E-mail); Marlene St. George (E-mail); Mike Worley (E-mail); Pauline Skeggs; Rick Clinton (E-mail); Robert Corrie; Stacy Kilchenmann; Will Berg Special Emergency Meeting 5-13-03 at 4:30 p.m. 1 May 30,2003 MERIDIAN CITY COUNCIL MEETING June 3,2003 APPLICANT ITEM NO. !3 -- A REQUEST Approve minutes of May 13, 2003 City Council Special Emergency Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: (j;~~ Contacted: Date: Phone: MaterJals presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL SPECIAL EMERGENCY MEETING AGENDA Tuesday, May 13, 2003, at 4:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Executive Session as per Idaho State Code 67R2345 (1) (b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member or individual agent, or public school student) : No Decision and (c) Meridian City Council Special Emergency Meeting Agenda - May 13, 2003 - Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 24 hours prior to the public meeting. Meridian City Council Special EmerQency MeetinQ May 13.2003 The Special Emergency Meeting of the Meridian City Council was called to order at 4:30 P.M. on Tuesday, May 13, 2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Bill Nary, and Cherie McCandless. Members Absent: Robert Corrie Others Present: Bill Nichols, Mike Worley, and Will Berg. Item 1. Roll call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: We'll go ahead and call the Special Meeting of the Meridian City Council to order to on Tuesday May 13th. It's currently 4:33 and Mr. Clerk can we have roll call. Item 3. Executive Session as per Idaho State Code 67-2345 (1) (b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member or individual agent, or public school student) : De Weerd: This meeting was called to hold an Executive Session that's the only item on for the Special Meeting. I would entertain a motion. Bird: So moved as per Idaho State Code - I had better put that in there hadn't I. De Weerd: I was wandering what you were moving. Bird: Let me read that I can't read it. Nary: Did you mean 67 -2345? Bird: 67-2345(1 )(b). Nary: And also c? Bird: C yes sir. De Weerd: Okay do I have a second? McCandless: Second. ~. Meridian City Council Specialbllergency Meeting May 13,2003 Page 2of2 De Weerd: We do a roll call for Executive Session. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED: ALL AYES (Enter into Executive Session) RECONVENED AT 5:33 P.M. De Weerd: Okay we're coming out of Executive Session. It's 5:33 and no decisions were made. Council. Nary: I move that we leave Executive Session. Bird: Second. De Weerd: All those in favor say aye. Okay no decisions were made. MOTION CARRIED: ALL AYES De Weerd: I would consider a motion to close or adjourn this Special Meeting. Nary: Move to adjourn the Special Meeting. Bird: Second. De Weerd: All those in favor say aye? MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 5:33 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) " 6 1:1 I 03 DATE CITY OF MERIDIAN CITY COUNCIL WORKSHOP I SPECIAL MEETING AGENDA Tuesday, May 13, 2003 at 5:30 p.m. Meridian City Hall 1. RolI~call Attendance: ~ Tammy de Weerd ~ ----A- Cherie McCandless f<- o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Request by the City of Meridian for Ada County's Adoption of Meridian's July 2002 Comprehensive Plan (Resolution Number 02 -382): dr'S Ul.5.;.e ct.... 4. Request by the City of Meridian for Ada County's Adoption of Meridian's Urban Services Policies Comprehensive Plan Amendment (Resolution Number 03-401): di"J"CUFJ".ed.. 5. Request by the City of Meridian for an Addition to the Applicable Plan Policies section of Area of Impact Ordinance I Agreement: dfJ-ChJ S eet.. 6. Discussion of the Referral Area section of Area of Impact Ordinance I Agreement: d/.r ~r-,rea-. Meridian City Council Workshop / Special Meeting Agenda - May 13, 2003 - Page 1 of 1 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL WORKSHOP I SPECIAL MEETING AGENDA Tuesday, May 13, 2003 at 5:30 p.m. Meridian City Hall 1. Roll-call Attendance: ~ Tammy de Weerd K ----p.- Cherie McCandless (< o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Request by the City of Meridian for Ada County's Adoption of Meridian's July 2002 Comprehensive Plan (Resolution Number 02w382): d/sat.5.;:.ece.... 4. Request by the City of Meridian for Ada County's Adoption of Meridian's Urban Services Policies Comprehensive Plan Amendment (Resolution Number 03-401): d/Jcu.rJ'.e d... 5. Request by the City of Meridian for an Addition to the Applicable Plan Policies section of Area of Impact Ordinance I Agreement: d/S'"ChJJec( 6. Discussion of the Referral Area section of Area of Impact Ordinance I Agreement: d/.re;-e("JJRe-t- Meridian City Council Workshop I Special Meeting Agenda - May 13, 2003 - Page 1 of 1 AU 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. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 13, 2003 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ---.K_ Bill Nary --X- Cherie McCandless =z= Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: ~fh"'o~ 3. Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC: a//lr9V'e rettH..e-.r~ * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - May 13, 2003 Page 1 of 1 All materials presented at public meetings shall beCQme property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please CQntact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie ~',;..." .j! cUe;;d/:;~'~J~ '\ I IDAHO / 0" /Y ~c .Y <S:Y7-eft 'i g . rkTREASlmE. v~ ,SI~CE : 1903 LEGAL DEPARTMENT (208) 466.9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de WeeI'd William L M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL JOINT WORKSHOP I MEETING MERIDIAN CITY COUNCIL & ADA COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Ada County Commissioners will hold a Special Joint Workshop I Meeting at Meridian City Hall in the Council Chambers at 33 East Idaho Avenue, Meridian Idaho, on Tuesday, May 13,2003 at 5:30 P.M. The Meridian City Council and the Ada County Commissioners will be discussing the following Area of Impact issues: - Request by the City of Meridian for Ada County's Adoption of Meridian's July 2002 Comprehensive Plan (Resolution Number 02-382) - Request by the City of Meridian for Ada County's Adoption of Meridian's Urban Services Policies Comprehensive Plan Amendment (Resolution Number 03-401) - Request by the City of Meridian for an Addition to the Applicable Plan Policies section of Area of Impact Ordinance / Agreement - Discussion of the Referral Area section of Area of Impact Ordinance / Agreement DATED this 9th day of May, 2003. J'I~~ I WILLIAM G. BERG, JR. - CI The public is welcome to attend. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 - (208) 888.4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813 June 20,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT June 24,2003 3-B ITEM NO. REQUEST Approve minutes of May 13, 2003 Special Joint Meeting with Ada County Commissioners: 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: ?'1fPylj Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL WORKSHOP I SPECIAL MEETING AGENDA Tuesday, May 13, 2003 at 5:30 p.m. Meridian City Hall 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Request by the City of Meridian for Ada County's Adoption of Meridian's July 2002 Comprehensive Plan (Resolution Number 02-382): Discussed 4. Request by the City of Meridian for Ada County's Adoption of Meridian's Urban Services Policies Comprehensive Plan Amendment (Resolution Number 03-401): Discussed 5. Request by the City of Meridian for an Addition to the Applicable Plan Policies section 0 f Area 0 f Impact 0 rdinance I Agreement: Discussed 6. Discussion of the Referral Area section of Area of Impact Ordinance I Agreement: Discussed Meridian City Council Workshop I Special Meeting Agenda - May 13, 2003 - Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Joint MeetinQ With Ada County Commissioners May 13, 2003 The Special Joint Meeting of the Meridian City Council was called to order at 5:30 P.M. on Tuesday, May 13, 2003 by Council President De Weerd. Council members Present: Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Council members Absent: Mayor Robert Corrie. Ada County Commissioners Present: Judy Peavey-Derr and Rick Yzaguirre. City of Meridian Staff Present: Brad Hawkins-Clark, Anna Powell, Bill Nichols, Brad Watson, Gary Smith, Mike Worley and Will Berg. Ada County Staff Present: Patricia Nilsson. Item 1. Roll call Attendance: x X Tammy de Weerd Cherie McCandless o X Bill Nary X Keith Bird Mayor Robert Corrie De Weerd: I will go ahead and call to order the Meridian City Council Workshop Special Meeting for Tuesday May 13 at 6:00. Peavey-Derr: Commissioner Yzaguirre and Commissioner Peavey-Derr are present. De Weerd: Thank you. Council we have an agenda that we need to adopt. So I would consider a motion. McCandless: I move we adopt the agenda. Bird: Second. De Weerd: All those in favor say aye. Item 3. Request by the City of Meridian for Ada County's Adoption of Meridian's July 2002 Comprehensive Plan (Resolution Number 02-382): De Weerd: Item three. Request by the City of Meridian for Ada County's Adoption of Meridian's July 2002 Comprehensive Plan. Resolution number 02- 382. I believe Brad Hawkins-Clark will start with the - i ( Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13,2003 Page 2 of 18 Yzaguirre: Madam President if I could just to clarify what we are trying to accomplish here tonight. My understanding we're just here to listen and collect information and share information for public hearings and further action down the road. Is that right. De Weerd: Exactly. Yzaguirre: Is that your understanding. De Weerd: What we would like to do is to introduce our Comprehensive Plan to you and give you an opportunity to ask questions as to how it got there and maybe things that you have seen that you want further clarification on it. The Councilor staff can provide to you. Brad thank you. Hawkins-Clark: Thank you Council, Commissioners. My name is Brad Hawkins- Clark and I'm with the City Planning and Zoning Department. A nd I was just going to touch briefly on some of the differences between the plan that Ada County has already adopted and the plan that we are asking you to adopt. We've gotten better over the years we have colored pages now instead of black and white. Peavey-Derr: I noticed that. I was impressed. Hawkins-Clark: What we are looking at here are just the land use maps. The text policies are outlined in both of these documents here and there are numerous aspects of the policies that got a lot of discussion during our hearing process. We started in June of 99 and we hired Science Applications International Incorporation that's AIC has our technical consultant. They came on and helped us put together a series of workshops and (inaudible). It took us a year basically to get a draft that we had ready to go to the public. So it was June of 2000 we had a public open house. That generated quite a bit of interest. The hearings began about three to four months after that. The map that the City Council adopted August of last year looks very different then what we had originally put out to the public in early 2000. So I won't necessarily go back over all the reiterations but (inaudible) to say there was a lot of discussion about really three main areas. The neighborhood centers, these half moon shaped figures on the map. The Urban SeNice Planning Area, which as you know we currently have in place and we had originally proposed to change to that. That was taken off the map so I won't go in to a lot of that. But the original goal that we presented up front was for the City of Meridian to prioritize where our growth areas were. What we felt our growth areas were. So we basically took the Urban SeNice Planning Area boundary and shrunk it in a couple of places leaving mainly this north corridor and some of our southwest area outside the Urban Service Planning Area which the joint ordinance that we both adopted basically says it's a feature that we can put in our agreements that the City of ( ( Meridian City Council Special JUmt Meeting Workshop with Ada County Commissicnll::rs May 13,2003 Page) of J 8 Meridian agrees to service all land within those boundaries. We were kind of using it more of as a tool not to say that we will never service these areas but this is what were we want north to go. The vast majority of the opinions that we got from developers and some of the private community and architects planners etcetera all said don't do that just keep your Urban Service Planning Area equivalent toy ou r a rea 0 f impact boundary and that's what wee nd u p doing. Probably a couple of key differences as you can see we had some commercial notes in our 93 plan that were mainly designated sort of a diagonal one to two mile separations at the arterial intersection and the plan that we adopted shows these neighborhood centers at the half mile locations. We have I think there were 14 - 12 neighborhood centers on our adopted plan. There was a little bit more commercial property that is designated on this one. We also in the 93 plan had a - agricultural rural was an actual designation, this green. And that was removed entirely so we no longer have a rural residential within the area of city impact. I'm not sure exactly what the logic was in 93 but I think it was probably just the honoring of the large lots (inaudible) that are out there and keeping it rural. So in terms of land use designations that was changed we had it two more mixed use areas. This 93 plan just had one that was called the mixed plan development and we changed it to have three different mixed use areas regional, community, and neighborhood. Those are basically just a higher (inaudible) of how much non residential you can have in each of these. So the regional is unlimited square footage of non residential uses. We got on up here on Chinden and then around our future Ten Mile Interchange area is a regional and then our Eagle Road corridor has two big regional areas. So that is basically w hat we anticipate to see those three or four areas. That's right there is another one down here on Amity and Highway 69. So those four areas are sort of so called big box areas where you could see you know just (inaudible) large real intensive vehicular traffic, employment centers and things like that. And then the other two mixed use areas, community and neighborhood are more less scattered around the 44 mile - about 44 square miles in our area of impact. So they are sort of scattered around there. The neighborhood also up to 100,000 square feet of non residential and the community lets you go up to around 200,000 square feet. We did also adopt a collector plan that is basically kind of one of those encouragement policies t hat future development. Well mainly within t he north Meridian area encouraging the half mile through collectors throughout all of our sections. Speaking of the north Meridian area the North Meridian Area Plan that you probably heard a lot about is not been indicated in this map that is a separate process that we are going through right now. Our Planning and Zoning Commission has a hearing this Thursday actually and will be talking more about that. Should that go through the process and get to City Council and then of course you would probably be back to ask for another change another adoption. I don't know if there is any other real big differences to point out. The school - we basically just felt like the growth had just gotten to a point where we needed a little bit more detail future land use map and that was kind of the key (inaudible). So many of the policies are like a lot of Comp Plans that you see and (inaudible) incorporated the 14 states required subject areas. There just organized a little bit ( ( Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13, 2003 Page 4 of 1 8 differently in our text then our 93 plan was but there are basically there. So I think that's really all for the key highlights. De Weerd: Brad you may want to talk to about how we've changed some of these around the railroad corridor to have a higher density - or our mixed uses some of the goals on incorporating more of a mixed use into our comp plan. Hawkins-Clark: Yeah the - I guess that kind of points to the issue to of a multi use pathway system which also was absent on this plan with the exception of the couple of the South Slough, the Five Mile, the railroad corridor. I guess the Nine Mile did have one but we've expanded through our Parks Department process to the number of mixed use pathways which would probably be like a ten foot wide asphalt that would allow for different types of uses on it. All of them follow natural drains. None of them follow canals of laterals with the exception of this large loop that more less it connects various regional parks and as well as neighborhood centers and that doesn't really follow any existing waterways at all. But as far as the railroad corridor that Tammy mentioned the two - what we actually show three transit hubs right now at Ten Mile and then the railroad tracks at Meridian Road and then Eagle Road. We have adopted some text polices that basically give the staff the ability to get the developer to come in and there at one of those intersections of railroad or three transit hubs that we could say we do anticipate wanting to preserve some land here for a possible a Park and Ride lot. To incur some thinking and have them contact COMPASS and there would be more discussions of where we are at. Now obviously if we go in the bus way concept first or recognize that some kind of rapid transit is a long way out. But you know once the land is built its gone forever. So with that in mind we did put some higher density residential along that corridor as well as a few mixed uses. We did expand out old town by several hundred lots to reflect our historic Meridian plat that largely influences how our conditional use process works but for the most part its just recognizing that. De Weerd: Anna. This is our new Planning and Zoning Director. Powell: I just wanted to add a couple thoughts on the text that they tend to focus on the map and having been on the front side trying to apply in 1993 plan. It was very vague as far as and this is typical of a lot of (inaudible) of various cities that (inaudible) they don't think about the county. What the county needs (inaudible) and I think that this plan has done a really good job of setting aside specific guidelines on how they would like the county to look at these projects from the (inaudible). I thought that was the important (inaudible) they are much clearer and they are all grouped together and (inaudible). Past couple weeks (inaudible ). Nilsson: (Inaudible) the vounty staff reviews onset (inaudible). 0 ur review is more getting to the plan making sure we are on the same page (inaudible). ( ", ( Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13, 2003 Page 5 of 18 (inaudible) not sure what we mean by (inaudible). Making corrections where they (inaudible). I've read those notes (inaudible). De Weerd: Are there any comments or questions for Brad? Yzaguirre: I have a couple. When you look at I guess you are calling them your mixed use neighborhood zones you spoke to the regional would be where the (inaudible) boxes would be located. How do you define the other two, what is the difference between the community and the neighborhood? What would be the biggest sized commercial building and what would be the mix of it do you have a pre set mix that would go into those other two areas, the community and the neighborhood mix use (inaudible). Does that question make sense? Hawkins-Clark: Yeah sure- Peavey-Derr: Would you repeat it please? Yzaguirre: I don't think I could. I was wondering what I was saying as I said it. Hawkins-Clark: We haven't got to the level of specificity of going to one of these and saying this is the street layout and this is the circulation plan these are the access points we envisioned. We actually have that has an action goal for the plan is to go ahead (inaudible) project if you will. Our new Director (inaudible). But probably the easiest way would say that your grocery store that is of an Albertson's and I think their prototype is a 70,000 to 80,000 square feet. In terms of one building I think we would envision no more then that size in one of those and then 0 f course specific uses I ike a library branch 0 rap ost 0 ffice branch. You know an open plaza of some sort and then you know some other maybe fairly sizable (inaudible) that would be the community and then the smallest one is envisioned to be more your day to day services, like you'll find on Eagle Road like (inaudible) insurance, yogurt shops and things like that so it limits he maximum square footage if not residential so we do envision residential being in all of these areas. It actually sets a target of eight dwelling units to the acre for a developer if they come in one of these centers areas, so we really jacked up the density in those particular areas. Yzaguirre: What would you call high density? High density in Meridian is a little different then high density in Eagle. Hawkins-Clark: Yeah its - Yzaguirre: Apartments and (inaudible). De Weerd: (Inaudible). ('" Meridian City Council Special Juint Meeting Workshop with Ada County Commissioners May 13,2003 Page 6 of 18 Peavey-Derr: Madam president. I noticed that on the old 1993 you have what I gather to be mixed (inaudible) these areas on all four corners and on this one which I think is the same location, is it not. You do not have a commercial center the same. Can you tell me what happened there or why that's (inaudible). Hawkins-Clark: Sure the - we brought in an economic consultant from (inaudible) when we were initially kind of toying with the idea of these centers and we kind of begged, borrowed, and stealed from Merced California their Comprehensive Plan that they have had in place for several years has a similar kind of half mile design. Ed and this is sort of just his initial look at how much retail can be supported by how many people and what he found has a ball park you know about 40 to 50,000 square feet of retail that doesn't include office could be supported by at our densities about two square miles. So then we sort of said okay where should those go and if you allow the commercial to go all the way up and down Ten Mile and then every single arterial intersection how does that relate to congestion and movement of traffic and that's the main goal of arterial is to move traffic through town. So we kind of took the approach that the half mile might allow more people without getting in their cars to get to some services from within the section without being forced to go out to the (inaudible) corners. Now I say all that with the copy of the North Meridian Plan that is proposing to kind of do the same approach again. Could it work? Sure. If you allow people to get to these centers from inside the section so they're not forced to go out on to McMillan or out on Ten Mile to get to the little corner store or Albertson's or whatever. So that is a little bit of a thing that is hanging out with this North Meridian Plan but this particular red spot was annexed has part of Bridgetower Crossing Subdivision so we need to show that (inaudible). De Weerd: It was denied. Nary: Just so you Commissioners know we heard a tremendous amount of testimony about that neighborhood center concept. It seems like two years of testimony (inaudible). You know one of the things that I think you do fine and I think what we tried to convince folks in the discussion was that you know look at the - I think is the simplest example in Meridian is try to get out of Eagle and Fairview on to the highway in either direction you want to go to try to get out of WalMart and the access points can be done in a way that allows the traffic to flow along easier then (inaudible). So that was kind of a really just the thing that I think people eventually came to and said lets try this and we'll see what its like but we didn't a lot about it but don't we have one that's already proposed like this. Isn't Heritage Commons (inaudible)? So we have some that are at least (inaudible) in trying this (inaudible) its different. I think most peoples initial reaction was the corner just works better. That's just where you think everything (inaudible) I think there is just opportunities for something different. Peavey-Derr: Madam President, Mr. Nary. What I was worried more so about because I've been kind of out of the loop on this section of town. Is that there i ( Meridian City Council Specia'l""mt Meeting Workshop with Ada County Commissioll<;:rs May 13, 2003 Page 7 of 18 had already been a project as I was aware they were going off of that old one that these corners were eyeballed for future growth and they had a problem but you can't and you don't. De Weerd: Where things have already been annexed and zoned that is already reflected on our Comprehensive Plan. Hawkins-Clark: One trick is our planned development process does allow 20 percent up to 20 percent of some of these land to be used for something other then what is shown. So even if they come in and that was Lochsa Falls Subdivision that we have been built right now between Ten Mile and Linder up in here and it was 375 acres and they could do up to 20 percent of that so you are talking a fairly sizable amount of non residential as long as they got through our process of the Planning and Zoning Commission etcetera and we haven't been (inaudible) if they wanted to come in and say that we want a new office right here even though it shows residential on this plat. We will say they were approved through a public hearing process yes it is different then what the comp plan shows but it is done has a planned development so that - certainly you'll see those (inaudible) kind of pop up here and there. De Weerd: And some of that was an anticipation of employment centers to allow flexibility for the market to help create maybe even job opportunities. Nary: Well we did get a whole lot of (inaudible) as well from BCA and the Realtors Association and private development and the planning all but try to formulate the language that's in the plan of how to address those types of things so that we have that connectivity and trying to keep that type of concept going. Peavey-Derr: Madam President. I raised the language just simply - I know your not there yet Madam President but my concern is the annexation issue. I suspect that that annexation issue will be an issue of future Commissioner and I just say that not knowing but just bringing to your attention and putting it out on the table. De Weerd: Can you clarify that a little bit. Peavey-Derr: Not really. I know that had been- De Weerd: In terms of the annexation issue, that were asking people to annex or? Peavey-Derr: I think that as you know that was before the legislature is - and I think our future Commissioner has definite opinions on that. So I just measure it for whatever its worth just to give you a heads up. Yzaguirre: I'm thinking it must be forced annexation. \ ( Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13,2003 Page 8 of 18 Bird: We've never forced annexation. Just when we get this stuff out there they sign an agreement to that stuff and Mr. Nichols has researched that quite heavily. Nichols: I think probably the problematic of the Commissioners is the enclaves and the (inaudible) and over time and at some point those have to be addressed. And those do become very problematic. The thing that we have done on the residential or any extension to city services or at least (inaudible) we tried to require as much notice as possible. We've asked the developers post a sign at the entry of the subdivision that says these lots are subject to annexation (inaudible) or something I ike that. We've asked they put it on the face of the deed if (inaudible) plat that requires that (inaudible). We've asked that it be put in the covenants to try to at least eliminate the argument that (inaudible). We've also required written consent to annex, which it gets recorded as a condition providing the services so that there is a contract with what the city (inaudible). But we haven't done any forced annexations in a long time (inaudible) look at those. As you get into issues of who (inaudible). Some of those different things but even that can be done better rather then worse things that (inaudible) discussed in the legislature (inaudible) last year (inaudible). You can find that out how to do (inaudible). Peavey-Derr: Weill certainly don't want to create a problem that- Bird: You got a very good point. De Weerd: We are aware of that and typically in - I guess we asked for the partnership with the county on that as well. Because our desire is to grow from the inside out - Peavey-Derr: Sure. De Weerd: -- and to not create those potential problems down the road. We have had a couple. Vienna Woods is one of them and that was to protect our impact area and maybe stop Boise from going westward past us and so that was incident. And Edinburgh is probably another one. I think at this point those are the only two that we have and so the only place where our concern lies is to have urban density subdivisions that aren't contiguous that are approved by the county that we can't serve. Our concern is the island it creates in the middle of our city and that's in your hands so. We hope to work closely between our staffs and our development community to s top that from happening. And j think that should help put to ease at least some of the issues that the new commissioner might have. Peavey-Derr: Okay good enough. De Weerd: Is there any further comments or questions on that item? " ( Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13, 2003 Page 9 of 18 Item 4. Request by the City of Meridian for Ada County's Adoption of Meridian's Urban Services Policies Comprehensive Plan Amendment (Resolution Number 03-401): De Weerd: Okay well then we can go ahead and move on to item number four which is request by the City of Meridian for Ada County's adoption of Meridian's Urban Services Policies Comprehensive Plan amendment which is resolution number 03-401. Brad would you like to introduce that? Hawkins-Clark: Yeah. Was it two months ago, or less then that. The Council adopted a resolution that amended the plan that we just talked about. Mainly its six main items that if I'm not mistaken. (Inaudible) items. Basically what we were trying to accomplish with this amendment was to deal with the way we do the applications that are in there, Meridian's area of impact. That either they come to us to ask for services or we get the referral applications from Ada County that we need comment on those. The way we look to give us guidance to give a response back on those kind of applications and the adopted text of the 2002 plan really didn't give too much guidance there so we went through frankly borrowed some of this from the Boise City Area of Impact Agreement that Ada County has with them. Did they all get a copy (inaudible) our resolution and we can certainly get it to you but I think probably the main two items you would be interested i n is we a re saying t hat a ny developer that is i n au r Urban Service Planning Area must be connected (inaudible) to the City of Meridian services or constructed in conformance with our master plan. Obviously that's going to vary on a case by case basis where you know for maybe some reason or another our Public Works folks say you know a septic is the only thing that would work but it's pretty clear cut that any development outside the city limits will only be considered if the developer agrees to develop a water and sewer and really all systems in conformance with our master facilities plan. That doesn't necessarily deal with the subdivision code but it is in with our master facilities plan. And then through what Mr. Nichols mentioned about the (inaudible) consent to annex. They're asking that any development in our area of impact that is not contiguous to that that's going to be a condition that the City of Meridian asks to be placed on those projects. We also have in this amendment that Ada County will issue no building permit for any development (inaudible) until the a pplicant provides documentation that park impact fees required by the City of Meridian have been paid. Now that's going to - I'm sure Patricia can speak to that better then myself but that's going to require still an agreement to be entered into before we can place that on there because we wanted the Camp Plan to have a policy to kind of set the guide in the frame of this is the direction you want to go. So sewer and master plan and park impact fees consent to annexation and see what else - and developer initiated expansions are only going to be for properties that are adjacent to existing or previously approved projects. So in other words if a developer comes in with a project that that may not be contiguous today but that there is an approved project that the City of Meridian has already agreed to /f'. { ( Meridian City Council SpeciaiJ0mt Meeting Workshop with Ada County COl11l11lSsiollers May 13,2003 Page ] 0 of 18 (inaudible) sewer and water services to - that's those are the projects that would possibly be eligible to still get our recommendation of approval. Peavey-Derr: Madam President. De Weerd: Commissioner Peavey-Derr. Peavey-Derr: Can you tell me (inaudible) time wise? How does that work? (Inaudible) way up there on the board and I'm contiguous to a project how many years, if I went ahead and put in a septic system and then eventually would you say folks say oh 15 years or so from now I have to move out, is it similar to Boise in that respect? Hawkins-Clark: Well no not really. Peavey-Derr: You are going to make them hook up. Hawkins-Clark: Yep. Peavey-Derr: Okay all right. Hawkins-Clark: Make them hook up. Bird: Madam President. De Weerd: Mr. Bird. Bird: Follow up to Commissioner Peavey-Derr. Are you guys still approving septic systems in the county? Peavey-Derr: Some. Bird: Are they individual lots? Nilsson: Madam President and Councilman Bird. No just being eligible for anything other then the RUT, which is a transition zone. Then you up them to the R-1 one acre (inaudible). Bird: That's what I thought. You know those septic systems are just (inaudible) down the road here. Nilsson: (Inaudible). Peavey-Derr: But on the other hand. Some of those systems I mean are without (inaudible) 300 feet and they are functioning just fine and they go back in and redo them in some cases. Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13,2003 Page II of 1 8 Yzaguirre: In that southwest Ada County area we got some major issues from the 70's when times were tough, density was high, individual wells and septics on quarter acre lots that are now beginning to fail. So we are very aware of what not to do. De Weerd: Well and we are hoping that the camp plan and some of the policies and some of the language we are using to provide useful tools for planning and approval and allowing some workable space to find a solution that works for everyone without an inherent problem certain years down the road. And again our preference is growing inside out. McCandless: Madam President. De Weerd: Councilman McCandless. McCandless: Isn't the DEQ cutting down on septic tank installations? Yzaguirre: I'll defer to staff I don't know. Nilsson: (Inaudible) I'm not sure what their status is today. Peavey-Derr: Mr. Nichols, are you comfortable that you are not taking (inaudible) the irrevocable consent to annexation? Nichols: Madam Commissioner. We recognize that ultimately that you know the separation of powers says that (inaudible) how you pronounce it ultimately says you've got the final say. I think what we are saying is if we are going to provide those services then we want irrevocable consent to annex if we provide the services and (inaudible) I don't believe it isn't because its in because I don't think we have responsibilities or a mandated duty to provide those services to someone else. (Inaudible) so I think and actually if we didn't have the fight to annexation (inaudible) in the legislature (inaudible). Peavey-Derr: Yeah. Nichols: Because what we find is we are real reluctant to agree to anything outside the city limits because we don't want to have (inaudible). We don't want to get into those kinds of issues even though that they had covenants that say they annexed in the future (inaudible) consent to annex and that's why we try to make the notice part of it more important. So I don't think it's a taking from the standpoint that if we're providing services that's a requirement of the city. Peavey-Derr: It was more a question of curiosity but I'm glad you answered. Thank you. : ( Meridian City Council SpeciaJJutnt Meeting Workshop with Ada County CommissiblJers May 13, 2003 Page 12 of 18 De Weerd: Memories kind of tend to delete over time and whether it's written on your plat. I mean no matter how many places we can note it our preference of course is to avoid it totally and so we try to build in flexibility so that your not so black and white you don't allow some things to happen but you also want policies that can back up philosophies and avoid problems like we've seen happen. Patricia. Nilsson: Just to let you know 0 n t hat particular issue ( Inaudible) to see if we need to make that condition as part of (inaudible). De Weerd: Mr. Nichols. Nichols: I just wanted to say that I think one of the issues too is that, it's nice - could be wrong but we think that the county's tax base is (inaudible). So to the extent that we could encourage annexation and (inaudible) services (inaudible). The benefits that (inaudible) so to the extent that you can encourage annexation (inaudible) applicable. Peavey-Derr: Madam President. De Weerd: Commissioner. Peavey-Derr: Don't get me wrong I'm for planned growth. I'm just real curious on how you are going to get there. De Weerd: With your help. Commissioner Yzaguirre. Yzaguirre: I guess I have a concern with the way Boise handles some of their situations particularly to the southwest and the way they are expanding their sewer. Since I've been downtown the last four or five months. We've had our land use hearings on the second and the fourth Tuesday and any sewer expansion areas or extensions Commissioners of Boise extends them we hear it. So the County Commissioners take the heat for their sewer extensions that are going into the impact area. In some cases its kind of controversial but I personally where I think Boise ism aking the mistake is they're extending that service outside their city limits. And I think that that's the hammer, I mean as you annex and expand and provide infrastructure is when you should be bringing those parcels under your wing but - De Weerd: And that's how we do it. Yzaguirre: But to got out and do that I think is a mistake personally. I presume that's what you were doing but I wanted to share it - I ( Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13, 2003 Page J 3 of 18 Bird: We are planning ahead, we are getting our infrastructure out there. It's like any infrastructure, which Commissioner Peavey-Derr knows quite well from ACHD that you can't stay up with infrastructure. Peavey-Derr: That's right. Bird: And by our getting our sewer and water, sewer in particular out there we can kind of control the growth. I'm not for one to just going out and putting sewer in to be putting sewer in. I think that these people get demanding on you and they get ready to go when they want to go and it's a definite benefit to have the stuff out there you can get in on the ground floor. Without coming back and have to have easements and buy right of ways and stuff like that so - Yzaguirre: We try to do both kinds but we want to stay (inaudible). De Weerd: And I think our South Slough that we just ran under Eagle to the east side of Eagle Road is a prime example. Is we had somebody that wanted to hook on to it, well they have to find an annexation route. So we will bring the sewer out there but they still have to annex in to have the service and then their responsible for finding that annexation route so we have a somewhat different philosophy then what you are seeing in Boise. Is we like to be contiguous and in order to do that we want them to have city services and it is one way that we feel we have some control with the growth. Peavey-Derr: May I ask Madam President? Where are your services now? Can you show me on that map approximately? I caught you with your mouth full sorry. Hawkins-Clark: Yeah. Well we are unable at this point to service anything between Black Cat and McDermott. This whole stretch is designed to be on a trunk line that is in the future that has not been budgeted for and no developers have come forth to participate in. Peavey-Derr: Okay. Hawkins-Clark: So this whole section is not. Other areas of the north Meridian, the city invested to build this trunk all the way to basically it would service these three miles between Ustick and McMillan. So that all is now serviceable to what we call the North Slough trunk is right now being extended from Ten Mile to McMillan and Chinden over to Linder Road as part a of Havasu and at this point that's as far because that is a developer initiated expansion. So these three sections kind of up in our northwest that are on the North Slough at this point are not serviceable. (End of side one) , ( Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May [3,2003 Page] 4 of ] 8 Hawkins-Clark: -- design of Black Cat Trunk. Our Wastewater Treatment Plant is here just north of Ustick next to Ten Mile. And that design and our engineers can tell you about that but that is intended to come down and kind of provide services through this area north of the 1-84. South of 1-84 at this point no developers have stood up and said we will take it more underneath. So through our big areas that are not serviceable would be that stretch along the west boundary, some of this northeast stuff. Yeah, on the very south end of - I'm not sure Brad can you point to which on the south end is serviceable and which isn't. Watson: (Inaudible). Peavey-Derr: That's helpful. Because when we see these things we can picture (inaudible ). De Weerd: Good question. Okay if there's no further questions we'll go ahead and - Patricia. Nilsson: You probably (inaudible) and adopting the Camp Plan policy (inaudible). Nichols: If I may Madam President. We've been working, we've had to amend, we had a draft amendment to park impact fee ordinance to comply with the 2002 legislative (inaudible). We were without a Parks Director for a period 0 f time, which has delayed some of that. We got the plan which is getting closer to final adoption (inaudible). So we know all those pieces have (inaudible) and the county has to adopt it (inaudible) as we understand but we have to have our (inaudible) approved before we bring that to you. Peavey-Derr: And the time frame on that? Nichols: I'm not sure what the current time frame is. I know when I last talked to the Parks Director one of the things that he was in the process was finalizing the capital improvement plan which has to finalize first before we can accept fees (inaudible ). Peavey-Derr: All right that is good. Item 5. Request by the City of Meridian for an Addition to the Applicable Plan Policies section of Area of Impact Ordinance I Agreement: De Weerd: Item number five request from the City of Meridian for addition to the applicable plan policy section of a rea 0 f impact 0 rdinance agreements. Brad. Did you just take a bite, I think I (inaudible). Hawkins-Clark: Well I think this one is fairly straight forward. I mean what we are looking for here is basically an added clause to our area of city impact (. Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13, 2003 Page 15 of 18 agreement that says the City of Meridian receives an application from Ada County and that application is on a piece of ground that is contiguous to the City of Meridian that essentially we are asking the county to say this property should request annexation. Because it's contiguous to the city limits rather then going in and - (inaudible) talk about a little bit, I think we've only had maybe two or three of these over the last five years. The majority of these requests are not contiguous to the city limits. We happen to be doing one right now that is on Franklin Road across from - excuse me the Meridian School District is constructing a bus facility for a church and you know they are in the county but they are next to a city zone land. So and we've noted as I put in my letter for planned developments, conditional use permits, subdivision, and rezones that are eligible for annexation that they would request annexation prior to Ada County processing any of those applications. That would be a new clause that asking to throwing out on the table. Nilsson: (Inaudible). De Weerd: And we appreciate how closely your staff works with ours on many of these. They don't happen often but its great that the dialog exists and that its able to happen at that level too. Peavey-Derr: I agree. Thank you. Item 6. Discussion of the Referral Area section of Area of Impact Ordinance I Agreement: De Weerd: Item six is a discussion of the referral area section of area of impact ordinance agreement. Our staff has been working with the City of Boise staff to look at our area of agreements and who can best sewer and water them or service them. Brad Watson did you want to introduce this one? Watson: It's been awhile since I've spoken with Boise City but I don't know if I could (inaudible). There is seven or eight different places where we agree with the sewer guys agree to push some into theirs in return give some back to us. This little slice right here and this area. There is a couple (inaudible). There was an issue about this one after (inaudible). Council did not agree with (inaudible). De Weerd: So apparently really if the - topography you can't just draw a straight line down and - Peavey-Derr: Right. De Weerd: And there is some landowners whose pieces have been split and you have subdivisions that one might be in Boise and one in Meridian and its just to kind of clean up that line and I think once this happens those lines will be pretty , , ' , Meridian City Council SpecialJoint Meeting Workshop with Ada County Commissi~riers May 13, 2003 Page [6 of 18 drawn and set in stone as far as who can sewer what and in anticipation for the adjustments that need to be made. ( Peavey-Derr: Madam President. I go back to the days of when the impact fee line was on the west side of Eagle Road by one quarter mile which split property - well you don't need to be. Bird: It was over on Cloverdale. Peavey-Derr: Oh was it Cloverdale. Anyway the controversy of half a farm of being in one and I understand exactly what you are talking about. Nary: There's a follow up to that too Madam President and Commissioners. I think between (inaudible) one of the attorneys from the city attorney's office that works for me as well as there will be some other issues around Eagle too, the same issues with Boise. The same thing as where it can be sewered and where is the proper place to have that. I think there won't be (inaudible) I'm sure we will getting that. I'm sure (inaudible) so we can get that all done. I think part of the issue has come up as we've seen over the last year and a half that we've had property (inaudible) process is a little fuzzy in the state code. It doesn't' give a lot of clarity of how do we just get this done without it taking a year and a half. We did have one property owner up there at Bristol Heights and it took about over a year for a really really small piece of property so I think all the difference (inaudible) is try and get that process done better so that when it finally gets to you folks all the pieces are done so that it doesn't end up being a situation where we are waiting for one hearing after an another after another so it will make it all a little bit cleaner all the way around. Peavey-Derr: Very good. De Weerd: Any questions or comments? Staff anything further you would like add. Powell: (inaudible). Hawkins-Clark: I think really the intent of that is that we do have set up down from Amity right now our area of impact goes a quarter mile south of Amity but the referral area is said to go another mile and a half to Columbia. So that any applications that Ada County receives in that area we also get those even though it's not in our area of impact and we also have a referral area to the southwest that is not quite (inaudible). But yeah I guess we were just wondering do any other jurisdictions in Ada County have those areas and we think that we should keep that in place? Nilsson: Just a little history on that. If you look at the (inaudible) those represent the areas that were within the planning area of that plan. (Inaudible) so the city Meridian City Council Special Joint Meeting Workshop with Ada County Commissioners May 13,2003 Page 170f18 had (inaudible) that was going on there. Now we have a different planning area and as far as staffs concerns (inaudible) what's going on. (Inaudible) there is some other geographic area. (Inaudible). Just think about that I guess (inaudible) on the map and (inaudible). (Inaudible) in Star and I (inaudible) and the Council bailed us out and said no we did get those to the County and (inaudible) so there's other areas that we need to think about (inaudible). De Weerd: And I appreciate that and I think it underscores and I know Commissioner Peavey-Derr has talked about a county wide plan and it just makes sense because whatever happens surrounding us and Meridian in particular we need to be more sensitive to a lot of that because we are surrounded by Eagle to the north and Boise to the east and Nampa to the west and Kuna to the south and so we do have to care what happens in those areas not just buffering it but how we start growing together and maintaining our identities so I appreciate those referral areas and I think it gives our staff an opportunity too to see how that transition area is working and if its really (inaudible) what we are doing on our end too. Well we sure appreciate you taking time to come over here and learn more about our Comp Plans - Peavey-Derr: Thank you. This has been very helpful. Madam President and Patricia. Now the next step is for you to review this plan and make comments. Nilsson: If you want to make a motion to direct staff to work on preparing a draft ordinance if you think (inaudible). Yzaguirre: Madam Chairman. I would move - how would I do the motion again. Nilsson: Direct staff (inaudible). Yzaguirre: I would move that we direct staff to prepare amendment to the area of city's impact ordinance. Peavey-Derr: Is that all. Second. Its been moved and seconded is there any discussion? Hearing no discussion all those in favor say aye. All ayes motion carries. All right very good. Your turn. De Weerd: Again we appreciate you coming and moving us along in a long process but we have an award winning plan in front of you. Our staff did a great deal of work and appreciate the cooperation of your staff too. J do believe I saw their face on occasion. Peavey-Derr: Thank you for dinner. De Weerd: I would entertain a motion to adjourn. Nary: I would move that we adjourn this special workshop. ( Meridian City Council SpeciaiJoint Meeting Workshop with Ada County Commissi~ners May [3,2003 Page ]8 of 18 Bird: Second. De Weerd: All those in favor say aye. Adjournment at 7:00 p.m. Peavey-Derr: Thank you. MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FilE OF THESE PROCEEDINGS) APPROVED: f!iJJ~:~ ROBERT D. CORRIE, MAYOR 6 / 24-/ 03 DATE APPROVED \\1\11111011// \\\\ M //1/ \,"_1 Of EIT!.,... ///1 ,,\ A...... vl.4 /// ~ " ,"\ 0 /4- '/ ~ / Ci ~(p,,", "'~" "\ ATTESTED: ~~ ~ ~ ~ WilLIAM G. BERG, JR., C Y CLERK -"7. & 2 ~ vQ ....Q; 0 f ~"16 vST 151" ' ~ $' '/ ~ "'~ " 1/ 'fe ~ " ....11.... OUNli. ",\ //11 \\\\ /11111111111\\\\ May 9, 2003 Special Joint Meeting MERIDIAN CITY COUNCIL MEETING APPLiCANT May 13,2003 ITEM NO. 3 REQUEST Request by the City of Meridian for Ada County's Adoption of Meridian's July 2002 Comprehensive Plan (Resolution Number 03-382): 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 Brad Hawkins.Clark Memo Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 9, 2003 Special Joint Meeting May 13, 2003 MERIDIAN CITY COUNCIL MEETING ITEM NO. 4 APPLICANT REQUEST Request by the City of Meridian for Ada County's Adoption of Meridian's Urban Services Policies Comprehensive Plan Amendment (Resolution Number 03-401): 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 Brad Hawkins-Clark Memo Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 9, 2003 Special Joint Meeting May 13, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. 5 REQUEST Request by the City of Meridian for an Addition to the Applicable Plan Policies section of Area of Impact Ordinance I Agreement: 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 Brad Hawkins-Clark Memo Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 9, 2003 Special Joint Meeting MERIDIAN CITY COUNCIL MEETING May 13, 2003 APPLICANT ITEM NO. 6 REQUEST Discussion of Referral Area section of Area of Impact Ordinance / Agreement: 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 Brad Hawkins-Clark Memo Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ?<J~ ! MAYOR Robert D. Con-ie cUe;di:h~ \ ~ IDAHO .:! jY 1~c /" .~q'HCE ) I 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 I . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird May 6, 2003 Patricia Nilsson Ada County Development Services 20tJ W. Front Street Boise,ID 83702 RECEIVED MAY - 8 2003 City Of Meridian City Clerk Office Re: Proposed Agenda Items for May 13, 2003 Renegotiation Meeting Dear Patricia: In preparation for the May 13, 2003 renegotiation meeting between the Meridian City Council and the Board of County Commissioners (BOCC), this letter is to summarize what I understand to be the key issues' up. fur discussion at said meeting. Please note (in Item C} that we- are requesting an additional item be considered by the BOCC for amending our respective Area of City Impact ordinances/agreements. A. The City of Meridian requested-the meeting forthe primary purpose of requesting Ada- County's adoption of Meridian's July 2002 Comprehensive Plan (Resolution No. 02- 382). We (Meridian P&Z staff) will provide the BOCC a surrunary ofthe key differences between the 1993 and 2002 plans and highlights of the new elements in our plan. B-. We are requesting Achr County-adopt" Resolution 6-3-40-1, which amends Section C-l of Chapter VII of the July 2002 Comprehensive Plan. Of particular interest to Ada County might be Items 2 through 4 on page three of the resolution. We understand that a separate agreement for the collection of City of Meridian park impact fees for development in the Meridian Area ofJmpactwitl be necessary; bntthe City-is- interested in Ada County'-s- initial thoughts on this proposal. C. We also propose adding a new subsection to the "Applicable Plan Policies" section (9-4- 3) of the Area of City Impact ordinance/agreement that requires all planned developments, Conditional-Use Permits, subdivisions or rezones within Meridian's Urban Services Planning Area that are eUgible for annexation to request annexation to the City of Meridian prior to Ada County Development Services processing any such applications. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288- [ J 93 D. Finally, Meridian is interested in reviewing the Referral Area section of our agreement (see Section 9-4.;.4.D. of Ada County's Zoning Ordinance) to solicit Ada County's input on the necessity and effectiveness of this policy. Sincerely, ~\\~-~ Brad Hawkins-Clark Planner III Cc: Mayor Robert Corrie Tammy deWeerd, City Council President Will Berg, City Clerk Anna Borchers Powell, Planning Director CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 13, 2003 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd L Bill Nary ---X- Cherie McCandless L Keith Bird L Mayor Robert Corrie 2. Adoption of the Agenda: ~jh"'t/ve..- 3. Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC: a/'fJrv~ re'ftd-J't- * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - May 13, 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. ?Lea8e... ?os.t ~y ?k~~c.. YLo-b0t. -lhCUVL~S( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 13, 2003 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC: .. Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - May 13, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie 0Ltar,..I<~0<3't +:( ?uJ~ U't- ~,~'L0r~:ThOVVl ~~,! r 'r(;'^~ 'll:,2 '" , LEGAL DEPARTMENT ~~,~. :t (208) 466-9272 . FAX 466-4405 oW; CITY OF f~t~I~:, ", PARKS & RECREATION ~ J . -~- ,,'- '\~, (208) 888-3579. Fax 898-5501 erlOilan ~:P ~', PUBLIC WORKS IDAHO )f (208) 898-5500' Fax 887-1297 A lY ~ /y ~C .Y ~...~~ '/ Si f/. I.\, TREASURE V ~ ,SIHcr : 1903 BUILDING DEPARTMENT (208) 887-221 [ . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M, Nary 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, May 13, 2003 at 5:00 P.M. The Meridian City Council will be discussing the following agenda items: - Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC The public is welcome to attend the meeting. DATED this 9th day of May, 2003. .~ - 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-48 [3 MAYOR Robert D. COITie ;.i!':, , J ,::" ....~~~,~4 .~~ .:~:-~in r\: ' --~- /! Mtc;~ ,1? cUe;;dl:n'1t; '\ IDAHO l / qlllCE 11903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 13, 2003 at 5:00 P.M. The Meridian City Council will be discussing the following agenda items: - Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC The public is welcome to attend the meeting. DATED this 9th day of May, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 ** TX CONFIK ,ON REPORT ** 19 20 21 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 05/09 13=lO7 381lO16lO lO5/lO9 13=lO8 PUBLIC WORKS 05/lO9 13:lO9 120846644e5 lO5/09 13'12 8841159 e5/09 13:13 208884e744 e5/lOg 13: 14 2088467366 05/lO9 13:15 89855el lO5/lO9 13:16 LIERARY lO5/lO9 13:17 92e83776449 e5/109 13' 18 200 388 6924 e5/e9 13=19 2e88886854 05/e9 13=2e 2eB4674538 e5/e9 13=2e 8950390 { AS OF MAY e9 '03 1::: CITY OF MERIDIAN 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 MIN/SEC PGS 0e'33" 0el 00'14" 001 00'24" eel 00'24" 0el 00'23" 001 00'24" 001 0e'23" 0el 0e'27" 0el 00' 24" 0el 0lO'27" 0el 130'23" 001 00'23" 0el 01a'22" 0131 CMDll 114 114 114 114 114 114 114 114 114 114 114 114 114 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- ?)btSe.., 'P'D~t -f;;( "P/.A.b (,z~ ~-Lt.. -lhCWi ~<;. ! ., "~ l.EGAI. DF,PAR.TMEf'JT ~;; .~~ r: (2Q~) "l~(,.n72 . FAX 4~~,44('5 c{;G "'TV OF -" ~.;..,d. < PARKS &: RGCRuATION : J.. " 7;.. \, (208) 888.3519. Fa. 898-550 I erloil an .J 1, PUlll.lC WORKS ~ JnAHO ~ (<OS) SQSS500 . FO' ~R7.1297 t Lf aUIL.DING Oul'ARTMIONT . y 120S) U1.2211' F.. 687.1297 '''~0~ '"" PLMolNING 3; ZONlf'JG m; (208) 884.5533 . Fa. 888-6854 MAYOR Roberl D, Corri< CIT'\' COUNCIL MEMBERS Tommy de Wocn:l WiIliom L. M. Nory Chene McC~dlc$$ K~ilh 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 Idano, Meridian, Idaho, on Tuesday, May 13.2003 at 5:00 P.M. The Meridian City Council will be discussing the following agenda items: - Request for Water Service to Westborough Subdivision by Gofdcreek Developers, LLC The public is welcome to attend the meeting. DATED this gfll day of May, 2003. 33 EAST IO^HO ^VENlJE . MERJlJIAN, IDAHO 83642' (208) 888-4433 City Clerk Ol11ce Fo~ (108) 888.4218 . H.m~n R050urccs F;ax (208) 884-8723 . I'in~nce 8: Ulili~y Billing F"", (20~) 887.4813 i ** TX CONF I RM~. .IN REPORT ** I i " AS OF MAY 09 '03 1~J0 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:I STATUS 01 05/09 13:22 Laurel EC--S 00'24" eel 114 OK 132 05/09 13:22 2108 387 6393 EC--S 00'24" 1301 114 OK 03 05/09 13:23 ADA CTY DEUELMT G3--5 00'40" 1301 114 OK 04 05/09 13:24 CHERIE MCCANDLES EC--S 100'29" 001 114 OK 05 05/09 13:26 CHERRY LANE EC--S' 010'27" 001 114 OK 06 05/09 13:27 POST OFFICE EC--S 100'32" 001 114 OK 07 05/109 13:28 208 B88 1983 G3--5 013'28" 1001 114 OK 08 05/109 13:29 ID PRESS TRIBUNE EC--S 00'24" 001 114 OK 09 05/109 13:30 208 888 671010 EC--S 100'23" 001 114 OK --------------------------------~-------------------------~-----------------------------~--- MAYOR Rober! D, COlTi~ ?UQSe.- 1os-t ~( 1LA-b Ut- ~~'u... -ThfM1 ~S, ! .,"'; lEGA l DB?A RTM eNr ~~ . (lOB) 46(,..nn . FAX 4G6.44IlS ~ CITY OF 1-. -", . , PARKS & RGCRllA'I'JON : J . -''';'~ \, (203t 888-3570' Fa~ 898-5501 erlalan ~" 1, l'UllLICWORKS ~, lrJ^HO, /,,/,J' if (20S)S~S.5S00.F,'~M7.ll97 //Y BUILDING DUPARTMriNr (205) S87.2211 - Fax 887- 1297 '''~'''''v~ '_r PL^NNING & ZONING "" (20B) 884.5533 . p~x S88.68S" CITY COUNCIL MEMBERS Tommy de Wecrd Willi~m L M, N.ry Cherie MeC.odlcss K~;lh 8i,{\ NOTICE OF PRE~COUNCll 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, May 13, 2003 at 5:00 P.M. The Meridian City Council will be discussing the following agenda items: - Request for Water Service to Westborough Subdivision by Goldcreek Developers, LlC The pUblic is welcome to attend the meeting. DATED this 9th day of May, 2003. 33 EAST IDAHO AVENUE' MERIDIAN. IDAHO 83642. (208) 888-4433 Ci[y CierI: Olrice FOl.' (208) 888.4218 . Humun Rcs(lurcc~ Fax [208) 884-8723 . Fin~nc~ & Ulili\y Billing Fa>. (20g) 887-4813 ** COMMUNICATIONS REPORT ** AS OF MAY 09 '03 13:54 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TI ME SEND 0034 SEND 00"12'53" RECEI lJE 0000 RECEI lJE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:I STATUS 01 05/09 13:22 Laurel EC--S 00'24" 001 114 OK 02 05/09 13:22 208 387 6393 EC--S 00'24" 001 114 OK 03 05/09 13:23 ADA CTY DElJELMT G3--S 00'40" 001 114 OK 04 05/09 13:24 CHERIE MCCANDLES EC--S 00'28" 001 114 OK 05 05/09 13:26 CHERRY LANE EC--S 00'27" 001 114 OK 06 05/09 13:27 POST OFFICE EC--S 00'32" 001 114 OK 07 05/09 13:28 208 888 1983 G3--S 00'28" 001 114 OK 08 05/09 13:29 ID PRESS TRIBUNE EC--S 00'24" 001 114 OK 09 05/09 13:30 208 888 6700 EC--S 00'23" 001 114 OK 10 05/09 13:32 PUBLIC WORKS UF--S 00' 11" 001 115 OK 11 05/09 13:32 12084664405 EC--S 00'21" 001 115 OK 12 05/09 13:33 8841159 EC--S 00'22" 001 115 OK 13 05/09 13:34 2088840744 EC--S 00'20" 001 115 OK 14 05/09 13:35 2088467366 EC--S 00'20" 001 115 OK 15 05/09 13:36 8985501 EC--S 00'20" 001 115 OK 16 05/09 13:37 LIBRARY EC--S 00'20" 001 115 OK 17 05/09 13:38 92083776449 EC--S 00' 21" 001 115 OK 18 05/09 13:39 208 388 6924 EC--S 00' 19" 001 115 OK 19 05/09 13:39 2088886854 EC--S 00' 19" 001 115 OK 20 05/09 13:40 2084674538 EC--S 00'20" 001 115 OK 21 05/09 13:41 8950390 EC--S 00'21" 001 115 OK 22 05/09 13:42 Laurel EC--S 00'21" 001 115 OK 23 05/09 13:43 ADA CTY DElJELMT G3--S 00'38" 001 115 OK 24 05/09 13:44 CHERIE MCCRNDLES EC--S 00'22" 001 115 OK 25 05/09 13:45 CHERRY LANE EC--S 00'21" 001 115 OK 26 05/09 13:46 POST OFFICE EC--S 00'26" 001 115 OK 27 05/09 13:47 208 888 1983 G3--S 00'27" 001 115 OK 28 05/09 13:48 ID PRESS TRIBUNE EC--S 00'19" 001 115 OK 29 05/09 13:49 208 888 6700 EC--S 00'18" 001 115 OK 30 05/09 13:50 PUBLIC WORKS UF--S 00'31" 002 116 OK 31 05/09 13:51 2088886854 EC--S 00'41" 002 116 OK 32 05/09 13:53 3810160 EC--S 00'25" 001 115 OK ** TX CONFIRMATION REPORT ** 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 DATE TIME TO/FROM 05/09 13:32 PUBLIC WORKS 05/09 13:32 12084664405 05/09 13:33 8841159 05/09 13:34 2088840744 05/09 13:35 2088467366 05/09 13:36 8985501 05/09 13:37 LIBRARY 05/09 13:38 92083776449 05/09 13:39 208 388 6924 05/09 13:39 2088886854 05/09 13:40 2084674538 05/09 13:41 8950390 05/09 13:42 Laurel 05/09 13:43 ADA CTY DEUELMT 05/09 13:44 CHERIE MCCANDLES 05/09 13:45 CHERRY LANE 05/09 13:46 POST OFFICE 05/09 13:47 208 888 1983 05/09 13:48 ID PRESS TRIBUNE 05/09 13:49 208 888 6700 05/09 13:53 3810160 AS OF MAY 09 '03 13:54 PAGE. 01 MODE 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 G3--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'11" 001 00'21" 001 00'22" 001 00'20" 001 00'20" 001 00'20" 001 00'20" 001 00'21" 001 00'19" 001 00'19" 001 00'20" 001 00'21" 001 00'21" 001 00'38" 001 00'22" 001 00'21" 001 00'26" 001 00'27" 001 00' 19" 001 00'18" 001 00'25" 001 CMD~ 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- ? ltaBe.- 'PO s.t j;y 'PtJQ-(; c.., Yw+il)... -{ h tuYt r-g I CITY OF MERIDIAN . PRE-COUNCIL MEETING AGENDA Tuesday, May 13, 2003 at 5:00 p.m. City COuncil Chambers 1. RolI~call Attendance: _ Tammy de Weerd _ Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Request for Water Service to Westborough SubcUvision by Goldcreek Developers, LLC: \ ** TX CONF I RMAT l...".l REPORT ** ( AS OF MAY 09 '0313:54 PAGE. 01 CITY OF MERIDIAN DATE T I ME TO/FROM 01 05/109 13:54 2108 387 6393 MODE MIN/SEC PGS CMD~ STATUS EC--S 1010'19" 001 115 OK ----------------------------------------------~-------~------------------------~------------ ? le {tOe, rp 0 <>t );1" rl-JrG.: c-> Yl.o-hCR. - { n M1,J.S ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 13, 2003 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Request for Water SaNiee to Westborough Subdivision by GOldcreek Developers, LLC: · Approximate allowable time set for agenda item may change depending On discussion. Please use the designated time as a guideline only. Meridian City COl1O~1 PrO-<:olll3cil Agenda - May 13,2003 Pace 1 ofl All m".,..;"b pmalled 111 publ,c rneetintli .ball betOlllO propmy of me cny of Meridian. AnYlme dtJM.uc accollllllOdntion for disabililios related to documclllS atldl.".henrings plell$. oo,JlIU:l the Cily C1clk'. om." 018884433 Ill; le4St 48 hourn prior to the public mooting. June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10, 2003 APPLICANT ITEM NO. REQUEST Approve minutes of May 13, 2003 Pre-Council Meeting: 3-jt AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY 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 Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 13, 2003 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC: Approve Request * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda- May 13,2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting, Meridian City Pre-Council MeetinQ May 13. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 5:00 P.M. on Tuesday, May 13, 2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Bill Nary, and Cherie McCandless. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Brad Hawkins-Clark, Anna Powell, Brad Watson, Gary Smith and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: Call the Pre-Council meeting of Tuesday May 13th to order. Mr. Clerk can you please call roll. Item 2. Adoption of the Agenda: De Weerd: Adoption of the agenda. Bird: Madam President. De Weerd: Mr. Bird. Bird: I move that we adopt the agenda as published. De Weerd: Do I hear a second? Nary: Second. De Weerd: All those in favor say aye. Item 3. Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC: De Weerd: Item number three. Request for water service to Westborough Subdivision by Goldcreek Developers, LLC. We will start first with staff. Watson: Madam President and Council members we received a letter from Jane Suggs representing Jim Jewett several weeks ago requesting water service to Meridian City Pre-Council IW"ding May 13, 2003 Page 2 of 6 the pro~osed Westborough Subdivision. I presume you have a copy of that letter April at in your packets. This Subdivision is located on the southwest corner of Chinden and Locust Grove Road. Council has already approved the extension of water and sewer services to serve the proposed charter school that lies in the southeast portion of the 40 acre parcel as well as a church. I can't remember the name right now - Valley Life Community Church, that is this parcel. That project was bid and I believe Council awarded the contract last week or the week before. So that will be under way here shortly. I think that is the extent of the summary I have. They are simply requesting at this time to provide water service to the - what I believe is the five residential lots and the western potion of the 40 acre parcel. It's not contiguous to any existing city limits. With that I'll answer any questions you might have or turn it over to the applicant. De Weerd: Council are there any questions? Bird: Madam President. De Weerd: Mr. Bird. Bird: Brad what's your recommendation? Watson: When this project first came through the county earlier this winter it was referred to us and I did prepare very very brief comments for Ada County Development Services. The substance of my comment I guess is summarized in the last paragraph that simply says if we had received the request to serve this with water assuming operations and maintenance responsibilities is not, may not be financially beneficial to the city. There are some concerns I guess on putting just five lots on what turned out to be - (Tape Error) Bird: That's alii had. Watson: I guess we would hope that the applicant could explain a little bit more about the project, the costs involved, their expectations of the city as well as what they proposed to do. There's nothing in this letter that really talks through the specifics of it. De Weerd: Thank you. Will the applicant please come forward or a representative. Jewett: Madam President and Council. Jim Jewett 3654 South Star Road here in Meridian. What was the question? We got approved with individual wells with the county on the application. There's United Water service available at this corner and in talking to Brad at earlier times he said they would at least like the opportunity to hear it without me just going to United Water. So that's why I put i, Meridian City Pre-Council Meeting May 13, 2003 Page 3 of 6 the letter forward because you did agree to bring water down here to service this school which eventually the second school will be in this location. So it almost made sense to at least request that water service now instead of letting United Water service a portion of that out t here and then let the city serve the other portion. So I made that request, the other thing I made a call to Brad about was that Ada County required Meridian comment on dry line sewers out here down Jericho as well. So we were kind of looking for what you wanted to do, if you wanted to put dry line sewers or just not do anything right now. And also one thing I had mentioned to Brad or Bruce or somebody was another well lot is going to be platted in the subdivision here about possibly donating that to the city in exchange for putting the water over there. You know maybe something could be worked out there to make it more financially feasible for the city. So our urgency in the whole issue is simply that we need to get the subdivision to be able to get the school their lot so they can move forward. They've given us a pretty tight timeframe and it's going to be hard for me to meet it without having some answers so that I can get the plat recorded at the county. De Weerd: Mr. Jewett when you came in front of us to request the water to the place where the school was going to be. Why didn't you ask at that time for the other six lots? Jewett: Because the application for the county was for individual wells. So we weren't asking and I guess it really just wasn't thought through well enough and the other conversations I had with Brad after that. No it was Bruce. Bruce Freckleton. He said that he thought that the city would want to have the opportunity to hear whether or not they wanted to service that side before I just gave it to United Water. De Weerd: I guess what I understood from - that you were approved with six well lots on those so what you are saying is different from what was approved by the county that you are to put wells on there but you are telling me that United Water would be in there. Jewett: What we are looking for is the fire flow and that's what wells won't provide us is the fire flow. Now so I guess were that's where we are really looking for in getting somebody's (inaudible) water system is to get the fire flow as well. I haven't approached the fire department to ask if they would approve it without the fire flow and I don't know what his position would be but I know they prefer having fire hydrants. Even on the larger lots. We've done it in other areas around Meridian that's not part of the city were we put in ponds and just different types of (inaudible) sprinkler systems in the house. It just seems better if we can give them fire flow. Again I apologize for the tardiness in making the request I guess it could have been made with the request for the school. The school itself made that request after they had made a deal with us to purchase that property or trade that property. They came forward with the request for sewer and water. The water actually if I recall was granted earlier to the church because the church Meridian City Pre-Council Ml::;~ting May 13,2003 Page4of6 was going to go to United Water and something happened there where the city said well no we would rather service it then have United Water sol think the water services was already provided in front of the school before the school came forward. I think it was the sewer that came. De Weerd: Thank you. Bird: Madam President. De Weerd: Mr. Bird. Bird: I for one do not want United Water over there at all. I know they would be glad to come over for six lots or whatever they need because they like to get in up there and once they get in I think its going to be harder then we think to get us out. But we did come up to around that church for a simply reason Mr. Jewett and I think we need to look into either supplying the water out there with our well and we can set up a well that's - we know that area is going to all develop. We can set one that comes around and can do a lot more then just service. I for one would not be interested at all in entertaining United Water to come in. De Weerd: Any other comments? Watson: Madam President. De Weerd: Mr. Watson. Watson: I want to avoid another Silverstone situation here. I don't think we are interested in servicing this with water if we incur the costs to bring that half a mile of water over there. In fact we would need a budget amendment this year to do that. That's what [ heard the applicant say in exchange for the well lot we would construct that line. So I just want to make sure we are very clear and all on the same page before we go forward. The other comment would be that if we do do water then we should be doing the dry line sewer as well. De Weerd: Mr. Nary. Nary: I guess the only other thing I want to be clear although the state statutes supports it at the moment that those lots since they are not contiguous right now then we provide sewer service or water service to them then they are all consent to annex to the city when they are contiguous. State statute supports that concept currently but it may not in the future. Jewett: And I would agree if the city does agree to provide services I can right on the deeds a requirement that upon connectivity that they'll consent to annexation. The reason being is we were retaining this larger parcel for some distant future Meridian City Pre-Council Ml:;1tlting May 13,2003 Page 5 of 6 redevelopment and of course we don't want to be blocked out of the city as well. So we would do it for our own benefit as well as the benefit of the City's. De Weerd: Mr. Jewett did you understand the (inaudible) staff's comments were? Jewett: Yeah and I haven't obviously they need some direction from the Council before they could actually negotiate or discuss anything with me. All I said as an option was that we have the well lot and some partial deals could be made. We would obviously if we can't get our water we will build the frontage that is part of our requirement. So I meant that is something that we need to negotiate. So I don't know - I certainly wouldn't want to build a 12 inch line, I mean 8 inches standard is what we usually build so I don't think any modeling as been done so I think if Council wants to go in a direction I would have to sit down with your staff and work it out. De Weerd: So staff at this point if the direction is given to work with the applicant on the dry line requirements and if we do agree to service with the water that the line be provided by the applicant and that the well site itself is something to be worked out at the staff level. Watson: Madam P resident and Council m embers. I think what M r. Jewett is saying is those are all details that he would like to negotiate with staff and then come back to you for a final check. We need to do some preliminary engineering and some costing to even be able to make a recommendation to allow you to make an informed decision on this it sounds like. Sounds to me like the only decision that could made tonight is, no we don't want to entertain this idea. De Weerd: Okay if Council would like to just to give staff direction to move forward and talk further with the applicant on providing water service to those six lots and dry line service. Nary: Do you want a motion Tammy? Bird: Do you need a motion Tammy? De Weerd: I don't think we need a motion I think we can just ask staff to work with the applicant and bring something back that we can make a motion on. Watson: Okay I understand that direction. De Weerd: Is Council in agreement with that. Nary: Sounds like unanimous consent. De Weerd: There without a motion. Meridian City Pre-Council Mt::~ting May 13, 2003 Page 6 of 6 Jewett: Thank you. De Weerd: You bet, thank you. Okay I will entertain a motion to adjourn the Pre- Council agenda. Bird: So moved. Nary: Second. De Weerd: All those in favor say aye. Meeting adjourned at 5:47. MEETING ADJOURNED AT 5:47 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~!~ ROBERT D. CORRIE, MAYOR 6 1(0 I (J3 DATE ATTESTED: WILLIAM G. BERG, JR., CI May 9, 2003 Pre-Cou ncil Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT GoIdcreek Developers, LLC May 13, 2003 ITEM NO. 3 REQUEST Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC 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 Letter from Jane B. Suggs :1CtJVU ~\)%~3 Date: 6-0 -03 Materials presented at public meetings shall become property of the City of Meridian. Phone: 54 L - !JJq 4 J Lf rv, ~ Contacted: JANE B. SUGGS CONSULTING RECEIVED APR - 9 2003 April 8,2003 City of Meridian. City Olcrk Office Mr. William Berg, City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Subject: Request for Council Action Potable Water service to Westborough Subdivision Dear Mr. Berg: The Westborough Subdivision was recently approved by the Ada County Board of Commissioners as a RUTIRUT Cluster subdivision. The subdivision is located in the Meridian Area of Impact near the comer of Chin den Boulevard and Locust Grove Road. The subdivision was approved with water being provided to the 6 residential lots by individual wells. The open space lot is being purchase by the Joint School District #2 for the Centennial Area Academy and an elementary school. The City of Meridian has agreed to provide potable water to the schools and the adjacent Valley Life Church from a new water main that will be extended up Locust Grove Road. This is a request for the City of Meridian to provide potable water from this new water main in Locust Grove Road to the 6 residential lots located just to the west of the school and church. As shown on the attached sketch, a service line can be extended along the south property line of the Westborough Subdivision and then north up Jericho Road. Please also note on the sketch the reservation of a well lot for the City of Meridian. The developer of the subdivision would like to discuss the well lot along with providing water service to the residential lots. Should the City of Meridian be unable to provide this service, potable water for the lots may be available from United Water of Idaho from a service line located north of the intersection of Chin den Boulevard and Jericho Road. I am sending a copy of this request and the sketch to Mr. Brad Watson in Public Works. We hope you can place this item on the next available Council agenda. Jfyou have questions please call me at 342-6941 or Mr. Jim Jewett at 866-5747. Sincere~ ~ Snggs c;eeG~ldCreek Developers, LLC cc: Jim Jewett, Goldcreek Developers, LLC 200 N. LOUISA STREET, BOISE, IDAHO 83712 (208)342-6941 j bs uggs@cabIeone.net l~ --/ ~ F I = / ~ RUT RUT - t=rUT '>-, =~, : ~\ ! 0 \ ..... - RUT RUT VICINITY MAP I 1-'.: -.- :] I I I I ~ . -Stl~"-""-~' ~__u:_____._~ f-- :::1_, '. ____ -LJ\ ~ - ~2 P ft:i'ii .. 1-\-1 . ~_/7~ I -: ~HR ~J~JI = ~~/_. IA~ 1..77:, / I l' _ -....1 ;-- / V) n 1 I A-R - - -f 'Y., r::fh I -~ ~ " '-: ", J '<): 1. '-L t:: f / , 1'X1 "'~' ''':1,_ ---; , 1. ' '--- U "'ii'T'? _ B<l15E CITY UMrTS !II : 'UT \ -I' _ ~II RUT r; ~1::ilL I ~ 1-=11& ~ , -- -A~;;,,,,,~~T ~ ~. - - '101 I EAGlE CITYUMITS I I-~ :--- t- " 11-1 RUT .. :-~ 1 r""~ f-' RUT '"11. ~,.,~ - MERlOIJ\NAOI I .. SITE RUT RUT UT RUT KUI RUT RUT RUT I \ " RUT ' '\... I , ~T1(i 111 III ~ RU 4N111:.:JU RUT ...... . 1"6;;1' lt4 ~~ I ..~ RUT " .".U I-. .. . ADA COUNTY DEVELOPMENT SERVICES City Limits CJ Areas of City Impact 200 W Front Street D Boise Boise ill 83702 D Eagle D Zoning (208)287-7900 D Garden City N Streets N D Kuna W+E Meridian D Rivers and Canals - Star D Airport Influence Areas S 1000 , o 1000 Feet , This map is made from data copyrighted by Ada County. Ada County shall not be liable for inaccuracies or misuse of this map. Maps bearing this disclaimer may be photocopied freely. However, use in any digital fonn requires the written pennission of Ada County. .~ ~ JtlIOiO II80ID . ,,'~ It 128'..1r ,...J ~~ ~~ a;. I T '5 Iii ~ d:- 7-------------- 9 - ------..------~- ,~). / .~ / . -J,.. Y.r; ,..---., ,..----, r-~---., ,...-----, r---- , II II II II ~ , II II.. II II ~ .' i~ I: il I: ii I: Ii I: i' " I I:G: 1.0 : 1.0 : 3,0 : 1.01 1 .. II ~ II ? II if: II t~ I t" II II II lJ I II .. II II .. - .,. - - J. '- - .... _..II L '- ... _...I L - ..... -...J ... - all' _ - - ~ --------~------~ I 12 i f~(O) ;: I . , 1- " I I II : . I I I I !~ : '~ I I~dl I~~q :;~i ! r It I I I III I I , I I I ' I j . I . I!;' i t~if I I :11 I I I. i : II I I · t I I i~ t f : I I ... ... ... IIJI3@ I, I #;x ('Ii- I I:~ i ~... I 1~ I - - fijoj,..;'; -.iai77 - - -l ~'.Q") i ' \l [h le ijl~ ~Jl .", .::1 ~:r q I . i BI ~ t "i ;.~ .. II ;t Ii: l:C 'Ill ---------~-~----~-~ .. - ""'-- ----- -- ...--...--- .-i~ son.,.... 814.1lf ---- --- ........-- - -- --................----------- ------------......_- -... - -..... I.l:lW5l ~ lOAD ,~- .~. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 13, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: k X Tammy de Weerd X- Cherie McCandless )( o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: tlf;n-ov~/ 3. Consent Agenda: A. Approve minutes of March 11, 2003 Pre-Council Meeting: cTfP V\..L.- B; Approve minutes of May 6, 2003 Pre-Council Meeting: ar;rn"vJI.../ C. Findings of Fact and Conclusions of Law for Approval: M103- 005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Proiect by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane:~~vw-- D. Findings of Fact and Conclusions of Law for Approval: M103- 004 Request to amend conditions of annexation for Boise Podiatry BuildinQ by Marshall Ogden - 1065 Fairview Avenue: rZprl/~ .E;'""' Findings of Fact and Conclusions of Law for Approval: AZ 03- 003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: a,./~~ 'f. Findings of Fact and Conclusions of Law for Approval: PP 03- 002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: ~V'~ Meridian City Council Agenda - May 13, 2003 Page I of3 All materials presented at public meetings sball become property of the City ofMcridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact and Conclusions of Law for Approval: V AR 03-011 Request for a Variance to Section 12-4-5 of the Meridian Subdivision Ordinance requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: o-f'JP"f'7~ H. Second Addendum to Development Agreement RZ 00-008/ MI 03-005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Proiect by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane: ~O~ I. Development Agreement: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: CipjJY7-"V...e- ,...4. Department Reports: 1. Public Works Department: ~ -G:- 7. 8. 9. 10. A. Request for Sewer and Water Latecomers Agreements for Lochsa Falls Subdivision by Farwest, LLC: czPJ'?roViIZ .AYfwII- cUawhUfJ a.r€e~ (Items Moved from Consent Agenda): Ordinance No. () ;$ - ( {) ! B AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by HiJlview Development, Corp. - west of North Eagle Road and north of East Ustick Road: C2~r/'-<- Continued Public Hearing from April 15, 2003: Dust Abatement Ordinance: C&n-'"/7n~ jJ/A..- 1-0 J~ /&IJ:-./ 2-003 TE 03-003 Request for a one year Time Extension on the Preliminary and Final Plat approved in May 2002 for Touchmark Subdivision by Briggs Engineering, Inc. - south of Franklin Road and east of Eagle Road: ~~ ~ .J~ /!J'/2--004- FP 03-024 Request for Final Plat approval of 124 building lots and 14 other lots on 38.92 acres in an R-8 zone for WatersonQ Estates by JUB Engineers, Inc. - west of North Linder Road, north of West Ustick Road: "fJJ>I-oVIL Public Hearing: CUP 03-004 Request for a Conditional Use Permit for a childcare facility in an R-4 zone for BuildinQ BridQes Child Development Center by April ReY!1olds - 3289 North Towerbridge Way: C t9N-hhUJ!.-/ pi Iv ..f-o /h d '1- 20 IJ- / Zoo:3 Meridian City Council Agenda - May 13,200f Page 2 of3 All materials presented at public meetings shall bccome property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. 11. Public Hearing: VAR 03-007 Request for a Variance to the parking requirements for Buildina Bridaes Child Development Center by April Reynolds - 3289 North Towerbridge Way: ltoA/7?>Ux.L }J 1ft.. fO fit a // 20 13..1" '2-00 3 12. Public Hearing: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwes~ 1$~~: -fo jffep~ ./'It:.; ele .;;-r a-/,?rov~ 13. Public Hearing: AZ 03-005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: a#rrrn~ fo jJ1".e~~ -f/-F!/cl.R m-wj?provd 14. Public Hearing: PP 03-003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP northeast comer of West McMillan Road and North Ten Mile Road: a-lf-trn-.e'j f-o pr..epcvu: -P/.t:-f c/-e -firr I!'r?~vM!.- 15. Public Hearing: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: a;f-'f-'tn-f'vC.'J Iv pre-/? tvl..C fY,c 1 e /.-( /Vr P..-j?fJ7'Pva..e. 16. Public Hearing: Amended Zoning Ordinance Meridian City Code 11- 8-1, Schedule of Use Control, to allow churches in R-40, I-L and C-G zones: - t:i.pprtJ v<e t? rdvrz.CVrr-c.IU tJ 3 -I tl / Cj /7 I S"/Lpv-&e. /Ja-vIL ..r;.~~ - ~J d'1h;r~ Meridian City Council Agenda - May 13,2003 Page 3 of3 All materials presented at public meetings shall become property ofthe 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. YLtaSe.. <Yc)~i :h- T'tJ0 kG rlof;Q - -r~CVfL ~~ ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 13,2003 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of March 11, 2003 Pre-Council Meeting: B. Approve minutes of May 6, 2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 03- 005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Proiect by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane: D. Findings of Fact and Conclusions of Law for Approval: M103- 004 Request to amend conditions of annexation for Boise Podiatry Buildin~ by Marshall Ogden -1065 Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ. 03- 003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: PP 03- 002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: Meridian City Council Agenda- May 13, 2003 Page 1 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. G. Findings of Fact and Conclusions of Law for Approval: V AR 03-011 Request for a Variance to Section 12-4-5 of the Meridian Subdivision Ordinance requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: H. Second Addendum to Development Agreement RZ 00-008/ MI 03-005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Proiect by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane: I. Development Agreement: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: 4. Department Reports: 1. Public Works Department: A. Request for Sewer and Water Latecomers Agreements for Lochsa Falls Subdivision by FarwestJ LLC: 5. (Items Moved from Consent Agenda): 6. Ordinance No. AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: 7. Continued Public Hearing from April 15, 2003: Dust Abatement Ordinance: 8. TE 03-003 Request for a one year Time Extension on the Preliminary and Final Plat approved in May 2002 for Touchmark Subdivision by Briggs Engineering, Inc. - south of Franklin Road and east of Eagle Road: 9. FP 03-024 Request for Final Plat approval of 124 building lots and 14 other lots on 38.92 acres in an R-8 zone for Watersona Estates by JUS Engineers, Inc. - west of North Linder Road, north of West Ustick Road: 10. Public Hearing: CUP 03-004 Request for a Conditional Use Permit for a childcare facility in an R-4 zone for Buildino Bridoes Child Development Center by April Reynolds - 3289 North Towerbridge Way: Meridian City Council Agenda- May 13,2003 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. Public Hearing: V AR 03~007 Request for a Variance to the parking requirements for Buildinq Bridqes Child Development Center by April Reynolds - 3289 North T owerbridge Way: 12. Public Hearing: CUP 03~010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street 13. Public Hearing: AZ 03-005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: 14. Public Hearing: PP 03~003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP northeast comer of West McMillan Road and North Ten Mile Road: 15. Public Hearing: CUP 03~007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-8 zone for proposed Verona Subdivision by Prime/and Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: 16. Public Hearing: Amended Zoning Ordinance Meridian City Code 11- 8~1, Schedule of Use Control, to allow churches in R-40, I-L and C-G zones: Meridian City Council Agenda - May 13, 2003 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to docnments and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, l ** TX CONFIRMATiul'l REPORT ** ( \ AS OF MAY 09 '03.1.2=36 PAGE. 01 CITY OF MERID1AN 30 31 32 DATE TIME TO/FROM 05/09 12:32 PUBLIC WORKS 05/09 12=33 12084664405 05/09 12:35 8841159 MODE UF--S EC--S EC--S MIN/SEC PGS 00'48" 003 01 '00" 003 00' 59" 003 CMNI STATUS 111 OK 111 OK 111 OK ---~----------------------~---------------------~------------------------------------------- yu.aSe.- 962i :J;y 'P~ LeG rlo-hQ - -r~M1 ~~ ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 13, 2003 at 7;00 p_m. City Council Chambers 1. Roll-call Attendance: _ Bill Nary Keith Bird _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of March 11. 2003 Pre-Council Meeting: B. Approve minutes of May 6, 2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 03- 005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Proiect by Oakw'ood Enterprises - east of North Ten Mile Road on West Cherry Lane: D. Findings of Fact and Conclusions of Law for Approval; MI 03- 004 Request to amend conditions of annexation for ~ Podiatrv BuildinQ by Marshall Ogden -1065 Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ 03- 003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Tirnberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: F. Findings of Fact and Conclusions of law for Approval: PP 03. 002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: M.ooian City Cwnci1 ~, - M"y I:}. 20m i'aae 1 of3 All mo.lcrial~ r<e~""Icd.1 pIl"li~ me<lillJl'5 sball h=:mo prup1lrt)' ofthr; L'ity of Meridian, Anyone dcMng neeommodution for di...bilitiea related 10 do","mcnlo o,Od'ar b<ming plo'8" COJTl:l<X me Cil:Y Clerk's OlIicc ot 8a~33l1t leaIl! 48 bQlltS prior 10 lbo public meKitle. ( .n ON REPORT ** 'El3 13(' PAGE. 01 ** TX CONP, AS OF MRY 09 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMOl:! STATUS 01 05/09 12:36 2088840744 EC--S 00'59" 003 111 OK 02 05/e9 12: 38 2088467366 EC--S 01'00" El03 111 OK El3 05/09 12:40 8985501 EC--S CO'58" 003 111 OK 04 05/09 12'41 LI8RARY EC--S 01'16" 003 111 OK 05 05/09 12'43 92083776449 EC--S 00'59" 003 111 OK 06 05/09 12'44 208 388 6924 EC--S 01' 15" 003 111 OK 07 05/09 12: 46 2088886854 EC--5 00'59" 003 111 OK 00 05/09 12:48 2004674538 EC--S 013'58" 003 111 OK e9 05/09 12:49 895133913 EC--S 00'S9" 003 111 OK 10 05/09 12:51 Laurel EC--S 01'00" 003 111 OK 11 05/09 12: 52 208 387 6393 EC--S 00'58" 003 111 OK 12 05/09 12: 54 ADA CTY DEVELMT G3--S El1'47" 003 111 OK 13 05/09 12'56 CHERIE MCCANDLES EC--S 01' 16" 003 111 OK 14 05/09 12'58 CHERRY LANE EC--S 01'16" 003 111 OK 15 El5/09 13'130 POST OFFICE EC--S 01' 413" 003 111 OK 16 05/09 13: 132 208 888 1983 G3--S 01'21" 0133 111 OK 17 05/09 13:04 10 PRESS TRI8UNE EC--S 013'59" 003 111 OK 18 05/09 13:05 200 888 67013 EC--5 00'58" 003 111 OK 22 05/09 13'1El 3810160 EC--S 01'40" 003 111 OK ------------------~------------------------------------------------------------------------- ?lto.Se.. 90H j;y 'PLili LA:c:.. rLo-hCt - ~M1 \:-~ ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 13, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minules of March 11,2003 Pre-Council Meeting: B. Approve minutes of May 6,2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 03- 005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Chenv Lane Proiect by Oakwood Enterprises - east of North Ten Mite Road on West Cherry Lane: D. Findings of Fact and Conclusions of Law for Approval: MI 03- 004 Request to amend conditions of annexation for Boise Podiatry Buildina by Marshall Ogden -1065 Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ 03- 003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: PP 03. 002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed TImberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: Mtl'K1;", city COIlllCil ~ _ M.y 13.200) P.,., 1 of3 All n,o!aioJ:o Iw<s<nt.ed.t J>II~li. m.<liop >boll ~""""'" ~ ofthc CiIy ofMc:ridian, Anyone dairinr; .t;.eommc.dMicn for di:Ub-il[q'.;t ,.;b1oo t(l d<tCIJmaib. .aid/or ~C' pi..... ",...ctzh. City CIOfl(', om..1I Sae-4433l1kaol4e bows pr;orl.1h. public mooCin&- ** COMMUNICRTIONS REPORT ** RS OF MRY 09 '03 13:21 PAGE. 01 CITY OF MERIDIRN TOTRL PRGES TOTAL TIME SEND 0070 SEND 00"27'29" RECEIIJE 0000 RECEIIJE 00"00'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDj:f STRTUS 01 05/09 12:36 2088840744 EC--S 00'59" 003 111 OK 02 05/09 12:38 2088467366 EC--S 01'00" 003 111 OK 03 05/09 12:40 8985501 EC--S 00'58" 003 111 OK 04 05/09 12:41 LIBRRRY EC--S 01'16" 003 111 OK 05 05/09 12:43 92083776449 EC--S 00'59" 003 111 OK 06 05/09 12:44 208 388 6924 EC--S 01' 15" 003 111 OK 07 05/09 12:46 2088886854 EC--S 00'59" 003 111 OK 08 05/09 12:48 2084674538 EC--S 00'58" 003 111 OK 09 05/09 12:49 8950390 EC--S 00'59" 003 111 OK 10 05/09 12:51 Laurel EC--S 01'00" 003 111 OK 11 05/09 12:52 208 387 6393 EC--S 00'58" 003 111 OK 12 05/09 12:54 ADA CTY DEIJELMT G3--S 01'47" 003 111 OK 13 05/09 12:56 CHERIE MCCANDLES EC--S 01'16" 003 111 OK 14 05/09 12:58 CHERRY LRNE EC--S 01'16" 003 111 OK 15 05/09 13:00 POST OFFICE EC--S 01'40" 003 111 OK 16 05/09 13:02 208 888 1983 G3--S 01'21" 003 111 OK 17 05/09 13:04 ID PRESS TRIBUNE EC--S 00'59" 003 111 OK 18 05/09 13:05 208 888 6700 EC--S 00'58" 003 111 OK 19 05/09 13:07 3810160 EC--S 00'33" 001 114 OK 20 05/09 13:08 PUBLIC WORKS UF--S 00'14" 001 114 OK 21 05/09 13:09 12084664405 EC--S 00'24" 001 114 OK 22 05/09 13:10 3810160 EC--S 01'40" 003 111 OK 23 05/09 13:12 8841159 EC--S 00'24" 001 114 OK 24 05/09 13:13 2088840744 EC--S 00'23" 001 114 OK 25 05/09 13:14 2088467366 EC--S 00'24" 001 114 OK 26 05/09 13:15 8985501 EC--S 00'23" 001 114 OK 27 05/09 13:16 LIBRARY EC--S 00'27" 001 114 OK 28 05/09 13:17 92083776449 EC--S 00'24" 001 114 OK 29 05/09 13:18 208 388 6924 EC--S 00'27" 001 114 OK 30 05/09 13:19 2088886854 EC--S 00'23" 001 114 OK 31 05/09 13:20 2084674538 EC--S 00'23" 001 114 OK 32 05/09 13:20 8950390 EC--S 00'22" 001 114 OK ** TX CONFIR~, .uN REPORT ** AS OF MAY 14 '103 J8 PAGE. 101 CITY OF MERIDIAN 24 25 26 27 28 29 310 31 32 DATE TIME TO/FROM 105/13 23:54 PUBLIC WORKS 105/13 23:56 121084664405 105/13 23:57 8841159 05/13 23:59 210888410744 105/14 1010:00 2088467366 105/14 00:102 8985501 05/14 1010:104 LIBRARY 105/14 00:106 92083776449 105/14 1010:107 208 388 6924 STATUS OK OK OK OK OK OK OK OK OK MODE UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIWSEC PGS 1010'52" 003 01'04" 10103 101' 103" 003 101'103" 1003 101'104" 10103 101'103" 10103 101'23" 10103 101'03" 10103 01 '22" 10103 CMDII 162 162 162 162 162 162 162 162 162 -------------------------------------------------------~~----------------------------------- CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, May 13, 2003 at 7:00 p.m_ City Council Chambers 1. Roll-call Attendance: + Tammy de Weerd -L Bill Nary _ Cherie McCandless -X- Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: .1lfpW/' 3. Consent Agenda: A. Approve minutes of March 11, 2003 Pre-Council Meating: ?prAA- B. Approve minutes of May 6,2003 Pre-Council Meeting: o/r)#-/ c. Findings of Fact and Conclusions of law for Approval: MI 03- 005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Project by Oakwood Enterprises - east of North Ten Mile Road on West Charry Lane: ~rv-.-- D. Findings of Fact and Conclusions of Law for Approval: MI 03- 004 Request to amend conditions of annexation for Boisa Podiatrv BuildinQ by Marshall Ogden -1065 Fairview Avenue: tzpj?"f"Z'v,",-- E. Findings of Fact and Conclusions of Law for Approval: AZ 03- 003 Request for annexation and zoning of 14.31 acres from RUT to R-B zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: dppr"'vwt./ F. Findings of Fact and Conclusions of Law for Approval: PP 03- 002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: ~ MeridiOl'l City Cooaci.l A&cnd> - Mo.y 13, 2003 P~. I of3 AfJ m>teriol. P<<....lcd Bt p.blie ","";08" <holl MOO",. propttty ottlJ. City of M<ridJan. Anyone do$irin,g .ccommolWicm for disabilitico rcllllcd to dooumem"""",or /IoorinS pl."". <'Onlaot lhc City Clal:'. Offio.O[ 8884433 aclO1l1: 48 hOurs pri...lo U1c pvblio moctinl:- ! ** TX CONF [RI, .ON REPORT ** AS OF MAY 14 '03 L ~a PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 01 05/14 00:09 20888858S4 EC--S 01'03" 003 162 OK 02 05/14 00:108950390 EC--S 01'02" 003 162 OK 03 05/14 00:12 208 387 6393 EC--S 01'03" 003 162 OK 04 05/14 00:14 ADA CTY DEUELMT G3--S 01'49" 003 162 OK 05 05/14 00:16 CHERRY LANE EC--S 01' 23" 003 162 OK 06 05/1400:18 POST OFFICE EC--S 01'47" 003 162 OK 07 05/14 00:20 208 888 1983 G3--S 01'22" 003 162 OK 08 05/14 00'22 [D PRESS TR[BUNE EC--S 01'03" 003 162 OK 09 05/14 00'24 208 888 6700 EC--S 01'02" 003 162 OK 10 05/14 00:29 3810160 EC--S 01'46" 003 162 OK --~-------~-------------------------------------------~------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 13,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: + Tammy de Weerd -L Bill Nary _ Cherie McCandless -...X- Keith Bird ----.!2.- Mayor Robert Corrie 2. Adoption of the Agenda: dZf~w:/ 3. Consent Agenda: A. Approve minutes of March 11, 2003 Pre-Council Meeting: 4fP~ B_ Approve minutes of May 6, 2003 Pre-Council Meeting: ~pn'V'-L-" C_ Findings of Fact and Conclusions of Law for Approval: MI 03- 005 Request for amendment to the Development Agreement for Ihe remnant 2.88 acres zoned Office-light for the Chenv Lane Project by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane: ""'~1f'J<-'" D_ Findings of Fact and Conclusions of Law for Approval: MI 03- 004 Request to amend conditions of annexation for Boise Podiatry Building by Marshall Ogden -1065 Fairview Avenue: tt;7p-rov",-", E. Findings of Fact and Conclusions of Law for Approval: PlZ. 03- 003 Request for annexation and zoning of 14,31 acres from RUT to R-B zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: "z,;?r-"'/ F. Findings of Fact and Conclusions of Law for Approval: PP 03- 002 Request for Preliminary Pial approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed TimberfaIls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: ~"'-" Moridi1l\ City Co.ceil Agmdl. - U&y 13.2003 I'>io I of3 All m.>t.eri>!>; p<<""'lod at pcblic mccdnl!!' "':Ill become property of the CiW orM",;.!;"", AI>~n. dcsirin.g oc<:omrnodolioc fc.r lIisubiHlioudotod 10 docu"""", MUll.,.. boo.rinS pl..,. oon!lu:lu,. City a",k'. Office >1 S8S-4433 atle.ut 48 bOun prior 10 lb. public modin!:- May 23, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST May 27, 2003 ITEM NO. Approve minutes of May 13,2003 City Council Regular Meeting 3-6 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 Vb Mf~ Date: Phone: MaterIals presented at public meetlngs shall become property of the Clty of MerIdian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 13, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of March 11, 2003 Pre-Council Meeting: Approve B. Approve minutes of May 6, 2003 Pre-Council Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: MI 03- 005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Project by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane: Approve D. Findings of Fact and Conclusions of Law for Approval: MI 03- 004 Request to amend conditions of annexation for Boise Podiatry Building by Marshall Ogden - 1065 Fairview Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: AZ 03- 003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: Approve F. Findings of Fact and Conclusions of Law for Approval: PP 03- 002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: Approve Meridian City Council Agenda - May 13,2003 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. G. Findings of Fact and Conclusions of Law for Approval; VAR 03-011 Request for a Variance to Section 12-4-5 of the Meridian Subdivision Ordinance requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: Approve H. Second Addendum to Development Agreement RZ 00-008 I MI 03-005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Project by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane: Approve I. Development Agreement: AZ. 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Approve 4. Department Reports: 1. Public Works Department: A. Request for Sewer and Water Latecomers Agreements for Lochsa Falls Subdivision by Farwest, LLC: Approve request draw-up agreement 5. (Items Moved from Consent Agenda): 6. Ordinance No. 03-1018 : AZ. 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Approve 7. Continued Public Hearing from April 15, 2003: Dust Abatement Ordinance: Continue Public Hearing to June 10, 2003 8. TE 03-003 Request for a one year Time Extension on the Preliminary and Final Plat approved in May 2002 for Touchmark Subdivision by Briggs Engineering, Inc. - south of Franklin Road and east of Eagle Road: Approve to June 1, 2004 9. FP 03-024 Request for Final Plat approval of 124 building lots and 14 other lots on 38.92 acres in an R-8 zone for WatersonQ Estates by JUS Meridian City Council Agenda- May 13,2003 Page 2 of3 All materials presented at public meetings shall become property orthe 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. - west of North Linder Road, north of West Ustick Road: Approve 10. Public Hearing: CUP 03-004 Request for a Conditional Use Permit for a childcare facility in an R-4 zone for Building Bridges Child Development Center by April Reynolds - 3289 North Towerbridge Way: Continue Public Hearing to May 20, 2003 Meeting 11. Public Hearing: VAR 03-007 Request for a Variance to the parking requirements for Building Bridges Child Development Center by April Reynolds - 3289 North Towerbridge Way: Continue Public Hearing to May 20, 2003 Meeting 12. Public Hearing: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: AZ 03-005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PP 03-003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 town homes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: Amended Zoning Ordinance Meridian City Code 11- 8-1, Schedule of Use Control, to allow churches in R-40, I-L and C-G zones: Approve Ordinance 03-1019 17. Skate Park Situation - Doug Strong Meridian City Council Agenda - May 13,2003 Page 3 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. Meridian City Council Meetin~ Mav 13, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:10 P.M., on Tuesday, May 13,2003, by President Tammy de Weerd. Members Present: William Nary, Tammy de Weerd, Cherie McCandless, and Keith Bird. Members Absent: Mayor Robert Corrie. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Anna Powell, Doug Strong, Dean Willis, and Will Berg Item 1. Roll call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird Mayor Robert Corrie De Weerd: Okay. I will go ahead and call this meeting to order. It's 10 after 7:00. I'd like to open the City Council Regular Meeting of Tuesday, May 13th, and ask Mr. Berg to have roll call attendance. Item 2. Adoption of the Agenda: De Weerd: Thank you Item Number 2, adoption of the agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move we adopt the agenda as published. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda. All those in favor say? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of March 11 J 2003 Pre-Council Meeting: B. Approve minutes of May 6, 2003 Pre-Council Meeting: Meridian City Council Meeting May 13,2003 Page 2 of 62 C. Findings of Fact and Conclusions of Law for Approval: MI 03- 005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Proiect by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane: D. Findings of Fact and Conclusions of Law for Approval: M103- 004 Request to amend conditions of annexation for Boise Podiatry BuildinQ by Marshall Ogden - 1065 Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ 03- 003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberialls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: PP 03- 002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed Timberialls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: VAR 03-011 Request for a Variance to Section 12-4-5 of the Meridian Subdivision Ordinance requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Timberialls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: H. Second Addendum to Development Agreement RZ 00-008 I MI 03-005 Request for amendment to the Development Agreement for the remnant 2.88 acres zoned office-light for the Cherry Lane Project by Oakwood Enterprises - east of North Ten Mile Road on West Cherry Lane: I. Development Agreement: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: De Weerd: Item Number 3. Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting May 13, 2003 Page 3 of 62 Bird: I move that we approve the Consent Agenda as published and for the President to sign and the Clerk to attest on all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: 1. Public Works Department: A. Request for Sewer and Water Latecomers Agreements for Lochsa Falls Subdivision by Farwest, LLC: De Weerd: Item Number 4, Department Reports. Public Works Department. Watson: Thank you, Madam President, Council Members. This item is simply a request from the Lochsa Falls developer to direct staff to implement -- or develop a Latecomer Agreement for water and sewer associated with that subdivision. They have installed or are installing approximately 10,000 feet of water and 10,000 feet of sewer line to serve that subdivision that will ultimately serve other subdivisions. We can't develop the actual agreement yet until all the final costs are in, but this is a bit of a formality, just to direct Public Works to prepare one once those costs are in and that's alii have, unless there are any other questions. De Weerd: Okay. Council? Mr. Watson, you don't need a motion, do you? We can just ask you to start preparing -- preparing the work to do that? Do we need one? Okay. Oh, Mr. Nichols. Nichols: Madam President, I would recommend that you have a motion, just so that the record is clear and, then, the agreement, of course, will come back to you for approval. De Weerd: Okay. Thank you. Thank you for putting that on public record, unlike our City Clerk. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting May 13.2003 Page 4 of 62 Bird: I would move that we approve the request for sewer and water Latecomer Agreement with Lochsa Falls Subdivision by Farwest, LLC, with our staff and to prepare Latecomers Agreement to be brought back for approval. McCandless: Second. De Weerd: Okay. It's been moved and seconded. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 5. (Items Moved from Consent Agenda): De Weerd: Are there any further department reports? No. Okay. There were no items moved from the Consent Agenda. Item 6. Ordinance No. AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: De Weerd: So, we will go ahead to Item 6, Ordinance Number 03-1018, request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for the proposed Parkstone Subdivision by Hillview Development Corporation and I will ask the City Clerk to read the Ordinance by Title only. Berg: Thank you, Madam President, Members of the Council. Ordinance Number 03- 1018 an Ordinance finding that Tom E. Davis and Sue C. Davis, husband and wife, the owners of certain real property generally located west of North Eagle Road and north of East Ustick Road, Meridian, to be known as Parkstone Subdivision and which lies contiguous or adjacent to the city limits of City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to said add property to the official maps of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed to the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you. You have heard the reading of the title of Ordinance 03-1018. Is there anyone in the audience who would like it read in full? Seeing none, I would entertain a motion. Meridian City Council Meeting May 13,2003 Page 5 of 62 McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move that we approve Ordinance 03-1018, request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision, west of North Eagle Road and north of East Ustick Road, with the suspension of rules. Nary: Second. De Weerd: Okay. It's been moved and seconded to pass Ordinance 03-1018 with suspension of rules. All those -- oh, Mr. Clerk, will you, please, call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you. Motion carries. MOTION CARRIED: ALL AYES Item 7. Continued Public Hearing from April 15, 2003: Dust Abatement Ordinance: De Weerd: Item Number 7, Continued Public Hearing from April 151h on the Dust Abatement Ordinance. Brad. Hawkins-Clark: Thank you, Madam President, Members of the Council. This item was continued several different times now. A month ago staff had received the information from the Ada County Association of Realtors, the Building Contractors Association, and the Ada County General Contractors Association. I believe you should have in your packets a letter and this was, again, from your April 15, 2003, meeting. The packets included a memo from staff, David McKinnon, a letter from June Ramsdell of Community Planning Association, a letter from Bill Nichols, and a letter from the Associated General Contractors. There have been, I think at this point, all of the contacts made regarding this new ordinance that the city staff drafted. I think all of those contacts that the Council requested that we make have been made and we have received those letters that I just referred to now into the public record. To date I don't believe that a summary has been given, other than that there was a Pre-Council Meeting held where I think a general oveNiew of the Air Quality Enhancement Ordinance was given. It's been a few months. The ordinance really is coming out of a couple of different sources, but one of those was in 1999 there was a Treasure Valley wide air quality public opinion sUNey, which found that 74 percent of Ada County respondents answered yes to the question that should local governments take additional measures to improve air quality. As you know, Community Planning Association does have committed staff that are technical specialists in the area of air quality and June Ramsdell is one of those who submitted a letter to us and she has done quite a bit of research and has worked with David McKinnon in our Planning Office Meridian City Council Meeting May 13.2003 Page 6 of 62 on the ordinance. The ordinance that is before you has really three main components to it. All of them are geared towards a reduction in particulate matter and, basically, they are on-site dust suppression, track out control, and uncovered loads. Those are the three areas that the ordinance addresses. The covered load portion of the ordinance is probably the one that has the least amount of detail in it. It's basically requiring that any -- that the word shall, is -- I'm sorry. That covered, which means any durable material, such as tarps that can be placed and secured over a motor vehicle, that section is probably the one that we are recommending as staff, since we haven't had as much feedback from Compass on, that we not give that much discussion tonight. The Police Department would ultimately be the enforcers of the dust -- or, I'm sorry, of the uncovered load section. That's also probably the one that Compass, as I said, has the least input on. The other two deal with on-site dust suppression and track out control and the ordinance really is geared towards encouragement language. We are requiring, basically, that when someone comes into the city Building Department to receive a Building Permit or if they are approved for a subdivision, that they at that time apply for a Dust Abatement Permit. Basically, what that gives the city is a contact person, so that should three months down the road a neighbor calls up our department and says we have a complaint to register that there is excessive dust being generated by this construction site, et cetera, we can go to that permit, and pull it out. It has the contact person that is responsible to make sure that the streets, essentially, are kept clear of any track out debris, they would also be the ones to insure that sites are watered down if they need to be. We have set standards that we think are general enough in nature that are reasonable that anyone could interpret them. If something __ if there is dust visible on the road that's been tracked out, that needs to be abated. It really is intended to be somewhat of a complaint driven process, frankly, because we don't have the budget at this point in time to hire someone full time to go out and enforce this actively. The main exceptions that are in the ordinance are agricultural commodities, the maintenance of drainage and irrigation waterways, and landscaping by a person at his or her place of residence and, then, any modifications to someone's existing single-family detached house. Those are the main areas that would be excepted from the regulations. It applies to -- as written, four main areas, construction of buildings, construction, grading, paving, maintenance of roads and streets, clearing of land or grading of land, stockpiling of materials. When someone comes into the city to receive a permit for those areas, then, those would receive -- they would be required to apply for a Dust Abatement Permit. We are also suggesting that construction of subdivisions be added as a fifth area. I won't go through, I don't think, each of the other -- there are a couple of other pages that kind of give some background to how it would be enforced. Mainly, that's going to be tied into, as I said, the Public Works Department right now and their inspectors, who are sort of the eyes and ears for construction sites for the city. Should they be contacted or see a problem, they would be the ones to either contact back to the office to let a person know that they need to be contacted, get the name of the general contractor and, then, that person is, again, held responsible. They would be called, say we received this complaint, we need you to do X, X, X, and X. Citation ability is given in this ordinance to police officers or the code enforcement officers should it come to that point. The input that we received from the private industry folks is primarily that -- they appear to be in agreement with the restrictions for Meridian City Council Meeting May 13, 2003 Page 7 of 62 track out control, as long as it's in compliance with the federal guidelines. They are mainly wanting to not -- the City of Meridian not to exceed federal guidelines when it comes to air quality control. That's sort of their bottom line statement to the city staff. I will try to answer any questions I can on this at this point. De Weerd: Council, any questions? Nary: Madam President? De Weerd: Mr. Nary. Nary: Brad, in looking at the ordinance in regard to the enforcement, I guess part of the way it's worded in here is kind of soft in the sense that it really is talking about encouraging. They should do the best they can to deal with these types of fugitive dust and the like and I guess my concern is that it's awfully hard from an enforcement standpoint to enforce they should do the best they can. Also looking at the enforcement provision, it says that the city can take corrective action that's not really very clear as to what that exactly is. It doesn't -- it doesn't say you shall take all steps to do this, so it doesn't have real strong language on one end and on the enforcement side I guess what's a little concerning to me is that, you know, it doesn't say we can issue a stop work order on a Building Permit. That's pretty clear. That tells you if you don't do something you don't get to build the house anymore, you don't get to build whatever you're building. It doesn't really say that. It says it's a civil penalty. Well, I don't know how the -- you know, if currently it's going to be -- did you say police were going to be not only enforcement for the loads, but also the enforcement for these other types of things, police or Public Works? Hawkins-Clark: Councilman Nary, I would envision the police would not be involved much on the -- Nary: The Code Enforcement. Hawkins-Clark: Right. Nary: Okay. The penalty here is not criminal, the penalty here is civil in nature and not really very specific as to what that is. I guess I'm not sure -- the enforcement seems a little bit weak. It doesn't seem like you're going to be able to do very much the way it's drafted. Is that -- I mean am I reading it wrong? The intent -- if the intent is to pass something that's enforceable to try to abate this problem on the front end -- and I think the education piece is a great part of it in really educating the builders. I think because some other communities like Boise have this, I think they already are building things to that standard and that method. I guess I'm a little concerned about the enforcement end of it from the city's side is a little bit weak and not really going to work very well. Meridian City Council Meeting May 13, 2003 Page 8 of 62 Hawkins-Clark: I guess I would say that -- I mean that's certainly something we can work on. It does say that the -- that an order could be given, if I'm hearing you right, that maybe is not the right legal process to follow. Nary: Well, it says the authority of the City of Meridian to issue an order pursuant to this section as an issue to any remedy. An order issued under this section shall taken effect, but it doesn't say exactly what does that mean and I think what's intended or maybe what was intended is that builders know if you say we can issue a stop work order on your permit, they understand what that means, but it doesn't really say that. If that's what we mean, then, I guess I think it should say that. If we mean something different, some other type of order or directive, citation or whatever it is, if it's something other than that, I guess it's not very specific as to what that is or what the remedy is if they ignore it. The stop work order is pretty specific and people understand it and they know they couldn't do anything else until they fix it, but this one doesn't tell me exactly what that is. Hawkins-Clark: And, frankly, I'm not sure that there really is any other more effective measurement to do the stop work order than when you're just stating that this could be a fine. Then -- but there is no stop of the work, that doesn't look too good for the Code Enforcement Officer to go to the neighbors and say we have cited them, but it could be three weeks. Nary: Right. It might cost them 100 bucks, so, then, they just pay the 100 dollars and just keep going. That was the one area I thought maybe needed a little bit more. I know there is, obviously, some -- some of the comments we have are not very much in favor of having this at all. Certainly, I know that's a component that probably will get most controversy about it, but I think if we are going to have it, then, we need to have some way to enforce it. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Councilman Nary, under 1 point -- excuse me -- 1.78 on Page 5, are you thinking -- would it be sufficient in that provision where it references the orders that could be issued to include a stop work order? Would that satisfy your concern on that part of it? Nary: Madam President. Yes. I think that type of language would be much clearer that that's what was intended. I mean there may be other remedies, but I think if -- I think Mr. Hawkins-Clark is right, I think for a lot of builders that means everything. If they get a red tag and have to stop, that means everything. I think if that's what's intended as at least one of the methods to deal with the problem. Then, I think we should clearly state that in the ordinance, that they have the authority to issue that, so that it's clear, because we all know that a building has some property right attached to it. We want to make sure that people understand when they get that right, that that right has this Meridian City Council Meeting May 13, 2003 Page 9 of 62 attachment to it, that if you don't follow these regulations you may lose that. That way it's a little bit clearer. ' I think it's just the language is maybe a little bit fuzzy about that, so -- Bird: Madam President? De Weerd: Mr. Bird. Bird: Well, I thought that what we delayed this for two times was to make sure that the whole county got an ordinance that was similar and we had the same penalties and stuff and it sounds like we don't. It sounds like Boise has got something adopted already, but -- and we are -- and I thought that's what COMPASS was getting put together was a -- and I don't think it's fair to the builders, because you have got builders that -- in this valley that build in every district. Regardless of -- you know, they need to have the same rules to work under and I would want to see something that would be a lot closer to what everybody else in the county is either enforcing and doing, because it's just not fair to the general contractors out there that are building in different entities. De Weerd: Brad, would it be possible to come back next week or in two weeks or, sorry, Anna, one of the two of you -- if we could get this back. There could be some type of a comparison as to what our ordinance is proposing and what is being proposed and -- or what is existing in Boise, Ada County, and maybe Nampa-Caldwell. I don't know. Just so we have some measuring marks and maybe, in addition to that, to know what DEQ and EPA's requirements are. I don't think I have so much an issue that we are asking more than what DEQ or EPA standards are at this point, in light of the lawsuit and some of the PM-10 and PM-2 levels, but it would be nice to at least consciously be aware of the differences that we are asking, so that those can be considered in our recommendation or deliberations. Powell: I was just -- we can certainly get you that information. It was just a question of if two weeks would be enough time, but I think that we can do that. De Weerd: It can be longer than that, Anna. We want to be reasonable, too. We know how busy your department is. Powell: It just depends on how in-depth the summary statement you want is. If you give us four weeks, I think we can probably lay it out a little better than just with two weeks. It may take us awhile just to gather them up. De Weerd: Okay. Now, this is a Public Hearing. Is there anyone in the public who would like to comment at this point and have their comments considered as we move forward? You want to state your -- I'm sorry. Steinebach: Valerie Steinebach. Meridian City Council Meeting May 13, 2003 Page 10 of 62 De Weerd: Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Steinebach: Yes, I do. De Weerd: Okay. Please state your name and address. Steinebach: Valerie Steinebach, 319 East 3rd Street, Meridian. De Weerd: Okay. Thank you. Steinebach: The dust abatement -- I was just wondering if this was just about construction. Is this about all dust? I live on an alley off East 3rd Street in between King and Ada. There is an alley that runs by my house. Got two four-plexes behind my house and a tri-plex and we are inundated with dust. Then, the alley is 25 miles an hour, so you can figure we are inundated with dust and it's unbelievable. You can't open your windows. I can go out in my backyard and hose my patio off everyday in the summer from the traffic. You figure everybody -- most families have two cars, friends, it is nonstop people down that alley doing 25 miles an hour. De Weerd: Staff, I think we had someone here as well from ACHD, but maybe, Anna or Brad, can you respond as far as what our ordinances might be able to help? I don't think there is anything, but -- Hawkins-Clark: That's correct. I mean as written and we don't have anything on the books currently that could be used. I don't believe, a standard -- standard regular sort of use of a roadway. Certainly, this proposed ordinance doesn't address that kind of activity. It is really more geared towards construction related. Nary: Madam President? De Weerd: Mr. Nary. Nary: We do have a -- we do have a speed in the alley code, 15 miles an hour. Steinebach: Pardon me? Nary: The speed limit in alleys in the City of Meridian is 15 miles an hour. Steinebach: When did that happen? Nary: Probably when they incorporated the city. f mean it's always been 15 miles an hour. No, it is. It may not be enforced in your alley, but it is 15 miles an hour. Steinebach: f have lived in my street for 16 years and I have had more police officers at my house from the speeding on 3rd Street and in the alley. f have had police officers go Meridian City Council Meeting May 13, 2003 Page 11 of 62 out and look at their regulation book when J told them it's 25 miles an hour and they have told me it's not. They come back and say, J'm sorry, I'm wrong, it is 25 miles an hour. I saw Mayor Corrie last April it is 25 miles an hour. He called me on June 5th and toJd me it would be 60 days with the City Attorney to get that speed limit lowered and to get the one way signs put back up in the alleys, because alleys -- they are supposed to run east to west. They used to have one-way signs on them and they don't, just a few of them right downtown do. None of the ones out off Main in Old Town have one-way signs. Nobody stops at the end of the alleys. You're supposed to stop at the sidewalk before you go across the sidewalk and, then, you're supposed to stop at the street. I can sit out there and videotape people all day long who don't even stop at the street. Unless Mayor Corrie is wrong and the Highway Department is wrong -- and I was dealing with Mrs. Stiles, it's 25 miles an hour. Nary: No. I was wrong. It is 25. We can change it, because I'm looking at the City Code right here and it is something that we have, actually, looked at in regards to school zones and other places in the city at lowering the speed limit. We do have the capability to do that. I mean it requires some signage changes and things like that, but I don't see any reason why we can't correct that. Steinebach: Well, especially -- you know, there is some places -- on East 3rd Street we have the swimming pool down at Storey Park and this time of year -- I started this two years ago with the Highway Department and Shari Stiles and what a danger. You know, what a danger this is to children. People don't stop. I had a trash truck whip in the alley last year and take out my lattice and hit one of my trees. It's -- I mean I don't know, you know, really, what to do, other than -- De Weerd: Well, J certainly can understand your concern and, unfortunately, this ordinance won't help, but we can ask -- and maybe I'll ask Christie if she can come up and provide some testimony. She's with ACHD. We can find out what we can do and initiate the process. Steinebach: Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: And the City Ordinance that I'm looking at is 7-1-6 and it says on all streets and alleys in Meridian 25 or as otherwise posted. There is language in the ordinance that allows us to repast the alleys. We have a Traffic Safety Committee as well through the Police Department. I don't know if you have already talked to them. Steinebach: Yes. I have been. Nary: And have them address and make recommendations on those types of things so, I mean it can be done. It's not -- it shouldn't take this long. Meridian City Council Meeling May 13, 2003 Page 12 of 62 Steinebach: Shouldn't take two years. Nary: It's not that complicated. Steinebach: No, it's not. Nary: And what we would normally want is a recommendation from the Traffic Safety Committee as to what's appropriate for this particular area and whether an ordinance change is necessary or simply a reposting of the alley. Whether or not there is any particular other issue with ACHD, you can tell us that, but our ordinance does have that -- some leeway to it now. Steinebach: I mean 1 have been through the Highway Department. Mrs. Stiles, I have - Nary: She's not here. Steinebach: I know she's not. Thank you. I know she's not. Mayor Corrie -- I mean I have -- safety people. I can't -- I literally can't get anything done. Nothing. I can't even get my phone calls returned anymore. De Weerd: Well, let's ask Christie to come up here and see what we can glean from ACHD's -- Steinebach: Well, you guys are really into this thing, I mean we can -- I can get -- if somebody can get me a name of a person to get with, we can do that this-- De Weerd: Okay. Why don't you hold off for a moment and I'll ask Christie to come and we will see what we can do? Richardson: Thank you, Madam President. Christie Richardson with the Ada County Highway District. De Weerd: Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Richardson: It is. De Weerd: Thank you. Richardson: First of all, to address your concerns, ma'am, I will take this back -- walk it back personally to the Highway District tomorrow and I will get in touch with our Maintenance Operations Manager Errol Morgan and also our Traffic Manager Terry Little. I will talk to traffic services about the speed limit and about the sight distance at the intersections. I will talk with Mr. Morgan about the possibility of paving the alley. Meridian City Council Meeting May 13, 2003 Page 13 of 62 We do set aside funds every year for miscellaneous alley pavement. We have been doing this in regards to the PM-10 counts. We are most of the way through fiscal year now, as you're well aware, so I'm not sure what our budget looks like in that department as far as alley maintenance repairs, but it's possible that we could get it on the list for the next fiscal year, which begins October 1st. Let me do some legwork and, then, we can get back to you after I get some answers from those other departments. De Weerd: Thank you and so those names Errol Boren -- Richardson: Errol Morgan. De Weerd: Errol Morgan. I don't know where I got that. Richardson: And Terry Little. De Weerd: Okay so, that's who she will be working with through ACHD -- do you have a card? Richardson: I will find one. De Weerd: Okay and we will work with -- perhaps our Planning and Zoning Department can take a look at our ordinance and see what we can do on the city side. I guess I am quite astounded at the 25 miles an hour, too, and that's something that we need to do on the city end of it. Steinebach: I can't get out of my driveway. I mean -- and you pull out and somebody is pulling in and -- I mean you got it backed up and -- I mean it's just insane. I have been told that all these alleys, by the highway -- everybody, are -- the law, east to west. De Weerd: Well, what I will do is we will see -- we will ask our City Clerk to let you know when this item will be discussed again. We will try and have a pre-Council discussion -- Will, maybe allow two weeks and bring it back on the 2ih for Pre-Council discussion, just to update, and maybe we can give you a sense of where we are going to go with it. Nary: Madam President. De Weerd: Mr. Nary. Nary: Yes. I know in my discussions with Chief Worley that is an issue, but it has always been a concern to him as -- because of the higher speeds there. The speeds we can take care of, so you have come to the right place. That's our responsibility. The one way issue I think is the Highway District's but, as Ms. Richardson said, they are going to work on that end as well, so you have come to where you need to, this is where it can be effective. It shouldn't take this long. It shouldn't be this complicated. This is the government, but it doesn't have to be that hard. Meridian City Council Meeting May 13,2003 Page 14 of 62 Steinebach: I know. Okay. Thank you. De Weerd: So, we will put it on June 3rd and Mr. Berg will let you know approximately what time and maybe by, then, ACHD, before they go out and post the alley, we can have that conversation, then, and get all on the same page with it. Steinebach: Not all these alleys need to be paved or -- I mean some of these alleys don't even get traffic down them, except for the trash truck. My alley is massively traveled and the way it sits, too, a child is going to be killed. De Weerd: We appreciate you bringing that up and -- Steinebach: Every time I hear a car screech I just about have a heart attack, so -- De Weerd: Well, I appreciate your comment and thank you. Steinebach: Thank you very much. De Weerd: We will see you in June, and, thanks, Christie. Bird: Madam President? De Weerd: Mr. Bird. Bird: Seeing how we have no more public testimony regarding the dust abatement thing, I would move that we continue the Public Hearing for the Dust Abatement to June 10th, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue this Public Hearing to June 10th. All those in favor say aye? Those opposed? Oh, sorry. Don't need to do that. All ayes. Motion carries. MOTION CARRIED: ALL AYES Item 8. TE 03-003 Request for a one year Time Extension on the Preliminary and final Plat approved in May 2002 for Touchmark Subdivision by Briggs Engineering, Inc. - south of Franklin Road and east of Eagle Road: De Weerd: Okay. Item 8, request for a one-year Time Extension on the Preliminary and final Plat approved in May of 2002 for Touchmark Subdivision by Briggs Engineering, Inc. Brad. Hawkins-Clark: Thank you, Madam President, Members of the Council. This is a request for a one-year Time Extension. The Touchmark plat is, I believe at this point in Meridian City Council Meeting May 13, 2003 Page 15 of 62 time, with our city engineer. The recording of it is not anticipated to happen within the required one-year time frame, because of the signatures that they have yet to get. Their letter from Briggs Engineering did not state any specific reasons, other than just the recording is not going to happen in that amount of time. Ordinance requires that the Council approve time extensions, staff is in support of this, and we do recommend approval. De Weerd: Thank you, Brad. Is the applicant here? Hawkins-Clark: I was contacted today, I'm sorry, and they stated to me that they would not attend. De Weerd: Okay. I'm sure they don't disagree with your recommendation, so-- Hawkins-Clark: No. De Weerd: Council, any discussion? Bird: I have none, Madam President, date of the plat? Hawkins-Clark: That would be May 8, 2002, is the stamped date on the plat that's in the recording process. Bird: Is that final or preliminary, seeing how they are asking for both? Hawkins-Clark: That is final. Bird: Okay. Thank you. De Weerd: Thank you, Brad. Any further questions? I would entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we grant the request for a one year time extension on the preliminary and Final Plat approved in May 2002 for the Touchmark Subdivision by Briggs Engineering, Incorporated, south of Franklin Road and East Eagle Road. The Final Plat date is May 8, 2002. Give them an extension until June 1, 2004. Nary: Second. De Weerd: Okay. It's been moved and seconded to extend the Final Plat approved on -- to June 1, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES Meridian City Council Meeting May 13,2003 Page 16 of 62 Item 9. FP 03-024 Request for Final Plat approval of 124 building lots and 14 other lots on 38.92 acres in an R-8 zone for Watersong Estates by JUB Engineers, Inc. - west of North Linder Road, north of West Ustick Road: De Weerd: Item Number 9, request for Final Plat approval of 124 building lots and 14 other lots on 38.92 acres in an R-8 zone for Watersong Estates by JUB Engineers, Inc., west of North Linder Road and north of West Ustick Road. We will start with staff. Brad. Hawkins-Clark: Thank you, Madam President, Members of the Council. The Final Plat that is before you is on the west side of Linder Road, north of Ustick, directly across from the future middle school that's under construction now. Bridgetower Subdivision future phases are on the west boundary and Ada County unplatted parcels are on the north and south. The applicant is proposing to construct the entire subdivision under a single phase. There are 124 building lots and 14 other lots. The plat is -- as submitted is shown. The Preliminary Plat was substantially complied with in this Final Plat submittal. The staff report from Bruce Freckleton and Steve Siddoway received by the cferk May 9th does outline our proposed conditions. The one change that is noted in that staff report is here in this southeast corner, this unplatted Ada County parcel that during the Preliminary Plat phase, as I understand, was shown to be -- that was not shown in the correct size. They did have to modify that and as a result, they did remove one building lot in this southeast section of the plat. I think that's really the main configuration change from the Preliminary Plat. There are two notes to point out to you that staff has had feedback from Mr. Gary Lee at JUB Engineers, who is representing the applicant. Item Number 16 on Page 3 of the staff report talks about the sidewalks being a five-foot without encroachment of mailbox structures and we have consistently allowed those to be four-foot. That would be a change that I think would be consistent with what you have approved in the past. I think that's the only change to the conditions. The one new condition that we would suggest is that a revised Landscape Plan be submitted prior to city signature and that is due to a Settler's irrigation gravity and pressure lines that are in the common lot that is here on Linder Road. There is an easement that Settler's is requiring there that's going to force the trees to be placed within the rear 10 feet of that common lot. The Landscape Plan has trees scattered throughout that common lot, so that's going to basically -- since the irrigation district does not allow trees within their easement, that's going to force those trees to the back ten feet of that and that's a change that we wanted to be able to review prior to signature. We don't anticipate any problems with that, so we are comfortable with that moving on, but -- and, then, in terms of the fencing, there was, I guess, one item on the fencing to point out to you as well, that is here on this southwest corner. There is a common lot that will have a tiled irrigation ditch within it. Instead of putting the fence on the perimeter of the subdivision at that point, they are asking for the perimeter to be put on the -- the perimeter fencing to be put on the rear of the lot lines, so that it's clear where the lot lines end and where the irrigation easement begins. Nichols: Madam President? Meridian City Council Meeting May 13, 2003 Page 17 of 62 De Weerd: Mr. Nichols. Nichols: Brad, would that create kind of an alley back there or is it because it's not currently developed, it's going to create an alley in the future when it's developed? A six foot fence back there with that common lot and the -- Hawkins-Clark: Mr. Nichols, the applicant is probably best to explain that situation. I can pull Bridgetower's plat to see what they had adjacent to this west boundary. On the south I believe that the irrigation district is probably going to need a little bit more room for -- to continue their easement, so that when this piece to the south develops it would become wider than what is shown there, but you are correct, it could potentially have that effect. I mean I -- within an irrigation ditch piped back there -- and there have been a few instances where we have allowed buildable lots to have piped irrigation ditches in easements in their rear yards, but it's been more the exception than the rule. De Weerd: We will ask the applicant to respond to that. Brad, did you have anything else? Hawkins-Clark: No, we do not. De Weerd: Brad or Brad? Okay. Is the applicant's representative here? Lee: Gary Lee, JUB Engineers, 250 South Beechwood in Boise. As stated by staff, we reviewed their conditions of the plat and concur with the changes that they are recommending. I would like to discuss the fencing just a little bit more that Mr. Nichols brought up. The reason for lot there is to be able to pipe the Coleman lateral, which is operated by Settler's Irrigation District. In my discussions with Nathan Draper, the manager of Settler's, they wanted us to grant a portion of that easement on our development with the idea that another piece would be granted on adjoining developments. Basically, the reason for that is that the ditch is right on the property line, part is on one neighbor and part is on the other. On our part, we are going to go ahead and pipe it within the boundaries of the zone and we are also going to install a 12-foot gravel roadway for their access for maintenance purposes. In the future when the property develops to the west and the south of us, there will be a gap between them for that ditch and access for Settler's to get to their manholes for cleaning and whatever they are going to do. It makes sense to us to move the fencing in towards the lot line and leave that area open for their maintenance capabilities. It probably makes it easier for Settler's, too, for maintenance, especially if they have to dig it up. Along those same lines, we have a similar situation with the existing sewer easement along the very north boundary. You can see there is a lot running east and west and there is a dashed line over on the west side that turns and goes south. It indicates where the existing sanitary sewer easement is for the White Drain and that easement is 32 feet wide with a gravel roadway over the top of the pipe that's probably 14 or 15 feet in width. It leaves a little room on either side of that gravel roadway to do some sort of landscaping, same thing on the fencing. We'd like to be able to bring that fence along the lot lines if we could, Meridian City Council Meeting May 13, 2003 Page 18 of 62 instead of along the perimeter of the subdivision, something for your consideration. If you have any questions, I would be glad to answer those now. De Weerd: Council, any questions? Bird: Madam President? De Weerd: Mr. Bird. Bird: Gary, what -- are you going to -- the height of the fencing is going to be six-foot on the back there that you're -- Lee: Whatever the city's requirements are. I think they are six feet on the perimeter fencing. Bird: I think it is six feet. Lee: And I think it's four feet on the pathway. I suppose it could be a reduced height there. Maybe it would work better along those lots. De Weerd: Yes. I think-- Bird: But sometimes, you know, six foot enclosed fences aren't the best for safety back there and you know people are going to be back there walking and -- on the easements and stuff like that, unless they deed it off, but you can still get through it to walk and stuff like that. I think it's something we need to take a look at. De Weerd: This probably isn't the first place this has occurred. Staff, do you have any instances -- boy, I'm having fun talking tonight -- on where this has happened and this might be something that we need to look at a policy for, but I think it's a good point. We are creating alleys and pockets that probably are not real desirable. Hawkins-Clark: Madam President, could I just ask for a clarification from Gary. If you're piping it, has Mr. Draper told you that they still need a gravel access road? Lee: Yes, they have. Hawkins-Clark: Even though it's to be piped? Lee: Yes. I believe the reason for that -- they have some head gates back there they need to get to on a regular basis, so they will be driving it. De Weerd: So, I guess, Gary, would it be acceptable if we asked that you reduce the height of the fencing in those areas? Meridian City Council Meeting May 13, 2003 Page 19 of 62 Lee: Well, I think we can do it anyway you want to go. If you want a reduced height and the position of it, is a suggestion I thought maybe Council should consider. If you want to reduce it, that's fine with us. De Weerd: Thank you. Brad? Hawkins-Clark: If I could just point out that the six-foot is a maximum set by the ordinance, but the ordinance doesn't require perimeter fencing for subdivisions, just to clarify that. Lee: It doesn't? Hawkins-Clark: No. That's typically a Final Plat. If you're adjacent to undeveloped land, it is a frequent Final Plat comments that staff puts in, but it's -- the ordinance doesn't say that every subdivision shall have a perimeter fence. If the Council does choose to change that -- I mean, certainly, it would be accessible, it appears, for anyone walking down the sidewalk coming down on that stub street to just hop onto that gravel path. You know, our micropath standard, as Anna was pointing out, is the semi-private fence with the option of a lattice on the top of the four-foot fence. Should the Council choose to, just in these two sections, put that on there, Brad Watson is noting it would be helpful to have that a requirement for that fencing and those sections to be a note clearly on the face of the plat, just for tracking purposes when they come through for fence permits. I'm sorry, for the developer, because this would be a developer- constructed fence. De Weerd: Well, I think if we didn't require the fence, Brad, generally, you see that the property owners end up building a fence and, then, you lose that option to have a height or a see-through type of fence, so -- Lee: I think the developer would probably prefer to build a fence, too. Get it all in at one time. Control the continuity. De Weerd: Thank you. Any further questions? Comments? Okay. Thank you, Gary. Lee: Thank you. De Weerd: Okay. Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: Just so I'm clear, so are we wanting to craft some language into the conditions of the fencing or do we want something that will provide a new Landscape Plan and Fencing Plan consistent with the comments tonight about having lower fencing along the easement area on the north boundary, I guess, is the area we are talking about? Meridian City Council Meeting May 13, 2003 Page 20 of 62 De Weerd: And then this -- Nary: That's south, so, on the south boundary. They can decide, I guess, and work it out with staff on whether it be four-foot fencing or more open vision type of fencing, so that would be -- is that what we are talking about? There is one section here, I just think that there was a typo in there as well, so correct that in the Final Plat. The word subdivision is spell incorrect. I don't recall if there were any other suggested changes. Bird: The sidewalk. Nary: Oh, that's right. De Weerd: So, are you prepared to make a motion or are you just trying to think these things through first? Nary: Well, I was trying to think them through first and I think at 16 where it says the five foot wide walkway, is that the one to amend? Bird: Yes. Nary: Okay. Okay. De Weerd: Will, I think in our budget request for next year you really need to get an improved system. Bird: Definitely. Nary: He would have to have it attached to a new city hall. Bird: Or we can buy one that we can move over to city hall. I mean I think that portable tape we got is older than I am. Get more inaudibles on that thing than you can get the deal. De Weerd: That was just a filler discussion. Are you ready? Nary: I guess I'm ready. Madam President? De Weerd: Mr. Nary. Nary: I would move that we approve FP 03-024, the request for Final Plat approval for 124 building lots and 14 other lots on 38.92 acres in an R-8 zone for Watersong Estates by JUB Engineers. West of North Linder Road, north of West Ustick Road, to include all staff comments and conditions, with the following amendments. That Item Number 16 of the site-specific requirements be amended to allow for a four-foot wide walkway pathway, instead of five-foot that the applicant provide, prior to final signature on the Meridian City Council Meeting May 13. 2003 Page 21 of 62 plat, a revised Landscape Plan, as well as a revised Fencing Plan for the north and south property line -- or fencing or -- excuse me - boundaries. That the applicant could provide either open vision fencing along the easement pathways there or four-foot fencing and that could be done before Final Plat. I think that was all the requested changes. Bird: Second. De Weerd: Did you second? Bird: I seconded. Yes. De Weerd: Okay. Discussion? Nichols: Madam President, I think it also needs to address allowing the fencing to not be required on the perimeter in those areas. Nary: I guess I thought I heard him say that they would prefer to put in all the fencing. That they wanted to -- Nichols: Correct but they wanted them on the back -- they want them outside the easement. Nary: Oh. They wanted them on the property line. Yes. I guess that could be included in the fencing plan, that they will have the ability to put them on the property line, not the -- the property line, not the boundary line of the subdivision, but they could work that out with the staff before final signature. Bird: Second agrees. De Weerd: Okay. Thank you. I'm not going to repeat that, but the motion is to approve FP 03-024 with the changes as noted. Do we have roll call? Bird: Roll call. De Weerd: Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 10. Public Hearing: CUP 03-004 Request for a Conditional Use Permit for a child care facility in an R-4 zone for Building Bridges Child Development Center by April Reynolds - 3289 North Towerbridge Way: Meridian City Council Meeting May 13, 2003 Page 22 of 62 Item 11. Public Hearing: VAR 03-007 Request for a Variance to the parking requirements for Building Bridges Child Development Center by April Reynolds - 3289 North Towerbridge Way: De Weerd: Okay. With the permission of Council, I will go ahead and I will open Item Numbers 10 and 11 for Public Hearing. Request for Conditional Use Permit for a child care facility in an R-4 zone for Building Bridges Child Development Center, as well the Variance request to the parking requirements for Building Bridges Child Development Center by April Reynolds and ask for staff comments first. Powell: Madam President, Members of the Council, this is a request for a day care facility. It is located on a lot that is currently zoned R-4. It was approved for office uses as part of the Bridge Tower Subdivision, the Planned Development, excuse me, and, let's see, figuring out how to operate things here. The site is -- as you can see, it's surrounded by R-4 development. The creek is to the north. There is a vacant lot to the south, a vacant office lot, and the Cox dental facility is immediately across the street there on Tower Bridge Way and there is a vacant agricultural property to the west. The Site Plan, as you can see -- I have got to find my arrow. Where is my arrow? Here is the structure. It has a total of 6,800 square feet. It is a two-story structure and we will have the elevations to show you. The play area is here. The creek goes along there. Here is the street. They have a shared access point with the lot to the south, so the parking -- or the traffic flow would presumably be coming in here. This is their drop-off area that's noted in the staff report and, then, they could either, you know, turn around someplace and come back out or go ahead and loop through and come out down here through there. At the Planning and Zoning Commission, the focus of the discussion was really on two items. One was the number of children. They had originally proposed 200 children. The Planning and Zoning Commission struggled with that for a little bit, but they decided -- they added a special recommendation that, basically, said that the number of children should be based on the Fire Department standards and the Health and Welfare standards established by the state for the day care use. There is a variance associated with this application and I meant to ask you beforehand to open the hearing on that application as well. Would it be agreeable -- okay to do it now? De Weerd: I opened both. Powell: Okay. Sorry. If the Variance is not approved, we would ask that you modify that special recommendation of the Planning and Zoning Commission to also say that the number of children should be based on the availability of parking. I'll go into that next, because that was the second item of discussion for the Planning and Zoning Commission and the -- although they weren't deciding on the variance, they did discuss the amount of available parking and their general consensus was that there seemed to be enough. Staff's recommendation, as you know, is for denial of the Variance and that's based on the fact that the applicant hasn't really demonstrated that there is a hardship on the property, nor have they really demonstrated that the requirements of the City of Meridian regarding parking for the facility are particularly onerous. They are similar to other jurisdictions. They are based on one per employee, which is certainly Meridian City Council Meeting May 13, 2003 Page 23 of 62 reasonable, and then one per 10 children, which doesn't seem extraordinary. There will be peaks, obviously, during the early morning and the late evening hours, as people come to drop off their kids. Regarding the drop-off area, even they acknowledge that it's not a drop-off area in the sense that people just jump, it does require that the parents do need to park and, then, go in the facility and come back out. It's not a true drop-off area, it's just kind of, -- you happen to be a little lucky and get there. You don't have to parallel -- or pull into a 90 degree parking area is really what is it, but -- and there were some site-specific recommendations made regarding the design of the parking areas and the need to increase the width of the driveway right here to accommodate that drop-off area -- or to make these compact spaces, actually. Then, to reduce this -- this driveway apron that they have got. It's currently about 45 feet wide. The standard set by Ada County Highway District is 25 feet. They have been enlarged -- they have increased that standard since the time that they wrote the approval of this, but the standards that they set for this project, I believe, is 25 feet. In that regard, I would like to point out, if I can find my arrow. I lost it again. There we go. That they are doing, as part of the drop off they did decide that they needed a shared access agreement, so that they could loop around this way, as I mentioned earlier. There is a private remedy for the parking situation. They could expand that Cross-Access Agreement to include shared parking. It's already something that they were going to initiate and it wouldn't be unreasonable to share that parking with another use that didn't have such high demands at the A.M. and P.M. peaks, before 8:00 and, then, shortly after 5:00. That would seem to be a remedy for the Variance request, rather than granting a Variance and, then, having similar issues come up with other day cares. That concludes staff's remarks. Oh, there are the elevations. Sorry. They carry on the tower theme for the -- that the Cox Dental Facility has. De Weerd: Thank you, Anna. Council, any questions? Bird: I have none at this time. De Weerd: Is the applicant here? Do you promise and affirm that the testimony you will give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Reynolds: I do. De Weerd: Please state your name and address. Reynolds: My name is Tyler Reynolds. It's 2650 North Chancellery Way, Meridian, Idaho. 83642. De Weerd: Thank you. Reynolds: It's a little difficult tonight. I'm just kind of a regular layman, I'm not 100 percent sure of the way by which -- the method by which we go ahead and go about this. A couple points brought up tonight that concern me and in the beginning, throughout this entire project, everybody has said, you know, that's a big project. That's Meridian City Council Meeting May 13, 2003 Page 24 of 62 a huge building, and you look at it and you say, yes, a lot of my friends and family and everybody that's worked with me said, you know, don't you dream small and a lot of times I just say no. When we started this project it wasn't to get rich quick, it wasn't to build the biggest child center in town. My wife and I have two small children and, unfortunately, there really is not a day care center around that suffices our needs. My wife's been a director of day cares for years now and we have got our own ideas in what we would like to do and we have traveled to Oregon, Washington and Utah and we haven't found anything that has ever really met our needs, anything that's ever really impressed us. About the best thing we honestly found was in Utah and that was a bed that they were using in a preschool. Other than that, the facilities, the security, the -- you know, Internet web cams so grandma and grandpa could look at the children in a different state, nobody's ever done that. We have started off with a dream and we met a couple interesting people that were willing to help us out. We said, wow, we like this building and, then, we go and say, well, unfortunately, you can't have this building, because you don't have enough room for parking places. Then, the city says, well, you haven't demonstrated a need for them and that's where I beg to differ. When you look at my building, unfortunately, there is not all the little squiggly lines that I get to see sometimes when we are drafting ideas. When you look at the footprint of the building itself, yes, it's a big pretty building, but on the west side where there is the largest of the rectangles, that's, actually, an auditorium, that's not a classroom. That's somewhere where we can have a gym and have dance classes brought in and have karate classes brought in, have the children be able to eat their meals without eating them in the classroom where they play. Same thing. You don't eat your dinner in the living room, you don't eat your dinner, you know, in your bedroom you eat your dinner in the kitchen. Certain principles that I like to instill in my children, I have that plan to instill in others and when it comes across they say, you know, you wanted to have 200 kids. Well, I'd like to have 400 kids. Unfortunately, the building and the lot are not that big. When we started off with the project, we started off with a budget and how many kids we thought maybe we could hold and how many it would take to at least be profitable and not lose money, but we believe what we have to offer we'd like to offer to as many children as possible. You know, unfortunately, the building does look huge, but that is completely unusable space, just like a bathroom, just like a closet, just like where I'm going to store the water heater. There is another little nook in the building that's not on there it's an indoor atrium. It is a two story part, it does have full skylights, but it's, essentially, an indoor garden. What I do for a living is, actually, primarily teach dog and cat nutrition, but I also try to teach on how to survive without computers and, you know, microphones and everything else. How to raise your own animals, how to raise your own gardens and that was one thing that was really important to me was have an indoor garden, teach children how to grow their own vegetables and what life is, essentially, like and how to survive. I want that area, now I have square footage, which is going to cost me 10 parking places. I come through and it's like, geez, I can't have my dream, I can't have what I really want, because of a parking situation. I was joking with the gentleman helping me tonight and I said, geez, I have to have a ton of parking places for people that cannot drive a car. You know, none of these children drive a car themselves and I'm told, well, you have 200 children. Well, I have two children myself, so I'm one car taking two kids, which is very, very common. The Number 1 reason we are actually Meridian City Council Meeting May 13, 2003 Page 25 of 62 offering an infant facility is so we can accommodate parents with both infant children and toddlers. Certain facilities don't do that and many in Boise absolutely do not. You can either choose between a good facility or one that can accommodate your children. When we had started this project, all the way from the beginning we have tried to set our rates and our budgeting to where we are by no means anywhere near the most expensive facility in town, we are, actually, about the third up from the lowest charge. We are trying to make this facility the absolute best that we can and affordable for all families, whether they be ICCP, they have a high income or a moderate income. We choose this location primarily because it is surrounded by schools, elementary schools, and decent neighborhoods. With any luck we can be serviced by the neighborhood, itself, mom, and child can actually walk to school and don't have to drive the 100 yards. A lot of the kids, when you look at it and you say, you know, a majority of the children are all part-timers. At least 70 of, if there are 200 children, are part-timers. You say, well, 70 cars all at once, that's not the way it is. We are trying to design this building and this business to be efficient, so you could have a specific number of children coming in the morning. When they come in the morning and they are actually bused to school from that point, then, another set of children is bused back from kindergarten and they are watched until their parents pick them up anywhere from 3:00 to 6:00 at night. There are some really large windows where mass amounts of parking is not needed. De Weerd: Mr. Reynolds, our staff had mentioned a Cross-Access Agreement. Do you understand what that infers? Reynolds: I would say to the most part. You know, I was part of the meetings where we had talked about the agreement between our properties. The property to the south of us and sharing the actual parking lot and the turn around time and making it easier for the fire truck and Police Department to get in and out, but as far as the legalities of it, I couldn't speak to those. De Weerd: Well, what that is, is it allows you not to have to ask for a variance, is if you have an agreement for that cross-parking access, then, you can also use some of those parking spots in your count. You don't have to be asking -- you basically are meeting your parking requirements, without meeting the variance, and so, essentially, you're complying with what the city's ordinance suggests. Reynolds: That sounds easy to me. Bird: Madam President? De Weerd: Mr. Bird. Bird: But, in the same token, what was built down there in that south part could share some of your parking spaces on your property, too, so you want to make sure that you look at it both ways before you enter into an agreement like that. I don't think it would come back to bite you, but if somebody put in a big office building and a lot of occupancy there, it could go into your parking lot count, too. Meridian City Council Meeting May 13, 2003 Page 26 of 62 Reynolds: And I believe in a lot of those situations I think we have thought of that. When it came down to it, even at the Planning and Zoning meeting, it was mentioned that our building is, actually, the most intense usage of the parking. If we were an office building of 9,000 square feet we would only have to have 17 park places and we have got that beat by seven. Even if we ever have to turn this into an office situation, we could do it, and we are trying to set aside the land itself, which is a playground that could be paved and turned into parking at that point. Our lot is bigger than the lot south to us, so they would have to put one mother of a building on there with no landscaping or anything else to even compete with our parking needs. De Weerd: Well, your building is very lovely. Reynolds: We hope so. Thank you. De Weerd: Council, any questions for Mr. Reynolds? Reynolds: It's your chance to stump the chump. De Weerd: Love to give it a try, but -- Nary: Madam President. De Weerd: Mr. Nary. Nary: I guess -- De Weerd: He can't resist a challenge. Nary: No. I guess what I'm hearing or what I have heard Mr. Bird say and what I'm hearing you saying is maybe you need to have some time to have that discussion about shared parking, because what the staff report has indicated is that you haven't provided enough information or there isn't really enough for us to make a finding to grant a variance and I agree with what they are saying. I don't think there is enough to grant a variance. It isn't that you can't have your dream, it's just this lot isn't very big. Do you want some time to be able to explore that so we don't have to really address the variance issue and look at that because, otherwise, I think the staff report's fine? Is that what you're -- is that what you'd like us to do? Reynolds: That's one that I have to actually throw off to him. I -- when we started this project we said, oh, we have this Cross-Access Agreement and we have got this, I was like, great, let's go, you know, and day by day I -- you asked me a question that I honestly don't really have the answer to. 1-- Nary: So I win? Meridian City Council Meeting May 13, 2003 Page 27 of 62 Reynolds: Yes. Essentially, you do. I mean, honestly, I have to come up here I have to, you know, answer questions, and ask questions at the same time, though I don't understand the ordinance in itself. I don't understand the necessity for a facility like this to even have the amount and I think the truth be told, that the ordinance is kind of crazy and almost obscene, truth be told. There is no way in this world that any facility like it or any competing facility within Boise, Eagle, or Meridian has the amount of parking spaces. I have driven to every one of them. I know what their staff is, I know what their child count is, that was part of doing my business plan and right now I'm being asked to have more spaces than any other facility, even those that are competing to its size. I don't understand necessarily the Variance and the Cross-Access Agreement, but I sit there sometimes and I'll go, well -- you know, honestly, I just don't plain understand even what the ordinance is asking us to do. I mean maximum a building of this size could hold, you know, 15, 17 employees, maybe. Well, that's at full capacity and really running, if we had cut out half of what we had planned and turned it into classrooms. De Weerd: I guess, Mr. Reynolds, you have a couple of choices. We could maybe bump this a couple of items down, so you have a chance to talk about it, or we could continue it until next week to give you time to really give it some more in-depth conversation with the people you need to talk to, so -- and to our staff. What would be your preference? Okay. We can -- it is a Public Hearing and you will have to be sworn in. We will give you three minutes and see what you think. I'm sorry. Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Juarez: I do. De Weerd: Please -- your name and address. Juarez: Brandon Juarez 935 South Island Glen Way in Eagle, Idaho. De Weerd: Thank you. Juarez: Okay. I'm the consultant that Tyler and April hired to help them through this process. I guess when we originally designed the project we read the Idaho State Laws and codes for childcare facilities and how they count the children. There was nothing -- no provision that I could see in the code that states -- and I mentioned this before and it's in the prior report when we were talking to the Planning Commission. Yes. That states a net area or a gross area it just says square footage of the building. What other facilities have done, it seems to me, have come into the CUP process with a specific number of children that equates to their parking and, then, they have gone to the state to get licensed, because the city doesn't license and their license is given for a higher amount of children. What we are trying to do is just bring the whole -- bring honesty to the situation, to the -- to what's happening here, because The Learning Garden, which is just south of the freeway, east of Meridian Road, is licensed for I think about 130 to 140 kids. They came into the city -- and I know this, because I talked to the director or the owner of the center and she said she came into the City Council at 90 and that just Meridian City Council Meeting May 13, 2003 Page 28 of 62 got built like last year. And so -- and she has 17 spaces there licensed for 135 kids. If you do the ratio, it doesn't work. I mean she needs way more parking spaces. If you go to her center -- I mean she's got -- like she's using four parking spaces. So -- but I guess what I'm trying to say is I think u I know staff thinks or has said on many occasions that the ordinance is common to what other cities are doing and it's fine and everything else. I think if you read the minutes of the meeting when talk -- when we spoke with the Planning Commission, three of the Planning Commissioners, before it was even open to public discussion, before we said anything, questioned the parking ratios and questioned the ordinance and I think they were very astute in questioning that. I mean they hear these issues all the time and I think it was really an important point that I made later when I got up. I congratulated them at spotting the issues of parking, because that's something that I struggled with from the get go designing this thing, trying to be honest, trying to come in and say, yes, we could have a maximum of X amount of kids in this center. That's kind of something that I have been struggling with. I'm kind of -- it's put us at a slight disadvantage, because if we just came in and said, yes, we are going to have, you know, 20 kids and, then, come back and we get licensed for all these kids, then, we are -- we are being disingenuous to the whole system. So -- you had a question for Tyler about continuing or not continuing. That was based on another question that I had forgotten. Nary: Madam President? De Weerd: Mr. Nary. Nary: Well, I guess what I had asked is if you wanted the opportunity to go and seek this shared parking arrangement, which is what the staff recommended. Juarez: Right. Nary: The staff report indicated there was not adequate information or evidence to make -- for us to make those findings that a Variance is allowed and we are, as much as we can be, pretty strict on making those findings and granting these variances. What I did hear Mr. Reynolds say is that there may be space that should not be used to compute on whether or not they have adequate parking. Some of it's indoor garden, some if it's a gymnasium -- I don't know what's intended by the -- by your facility as to how much children they are going to have or how that's computed by the state or if it's different. Thafs something that I think makes a big difference on the amount of parking that's required. Because it appears in our staff report that what the staff has looked at is the total available square footage of the building, minus, probably, a few things like hallways and restrooms. What I'm hearing you saying is that some of that is intended to be left as open type of space, the gym and the garden and that kind of stuff. There needs to be some better discussion about that on whether or not the formula that we are applying, based on what the building is wanted to be used for, but the other side of that sword is, is that if you do ask for 90, you get 90, you don't get 130. You're out of compliance with your CUP and we could revoke it, if you're the Learning Garden. Meridian City Council Meeting May 13, 2003 Page 29 of 62 Juarez: Sure. Nary: And so that's -- so it isn't -- I understand you're saying not wanting to disingenuous, but, understand, the other option for us is to set a limit and say based on that parking you get to have 130 kids and you can't have anymore than that without violating the conditions of your CUP and that's a different option, but I -- but rather than us going there, I was asking if you wanted some time to sort of work out some of these details, because, as Mr. Bird said, maybe you need to work out those details and, then, we don't have to concern ourselves with a variance, because from our staff report and from everything that's said here, I can't make that finding, at least for me. I can't make that you have really met the requirements of the statute, because, really, the reason that you want a variance is because it's really inconvenient from what Mr. Reynolds' dream is, but that doesn't fit so, that doesn't work. I'm trying to figure out a way that you can at least have that conversation a little bit more before we just have to make a ruling on it. That's why I think Council President de Weerd said do you want to go talk to the staff tonight or do you want us to set it over for a couple weeks and have that discussion with them and, then, come back and talk about it some more? Juarez: Right. Okay. The -- I think what we probably should do is, you know, let it go for a couple weeks and, then, come back to visit it. The developer is right outside. If I owned the piece of property to the south, I wanted to sell it and get the highest and best price and the highest and best use for that, I would be very, very careful about encumbering or utilizing that parking for anything else other than what it can used to the fullest and best extent. I don't think that it's a very -- I want to say this nicely. ] don't think that if I were the developer I would grant that and I don't want to, you know, risk our whole life on our -- you know, Tyler's dream on an ordinance that we have that we are being strict to that maybe is not -- is not such a great ordinance. That's my fear and that's -- and I think -- I tried to speak to that earlier, based on the minutes of the meeting that we had with the Planning Commission. I think the planning members were pretty -- pretty astute and pretty aware of things that are happening around them and understand that that ordinance is -- on many occasions they said, yes, I never see any cars in front of that facility, yes, I never see any cars in that facility. If Council wants to be, you know, tough about the ordinance, that's fine, I don't have a problem with that, but let us know how to go about changing that ordinance. That's something that I asked Steve Siddoway in our first meeting, because I did a lot of research. Tyler and April and I went around to all these facilities and we looked at how many parking -- I mean one to five year olds, they just don't drive. I don't know why. They just don't. Nary: Madam President? De Weerd: Mr. Nary. Nary: You said it. You said it. Okay. I got that. I know the kids don't drive. You also don't have a drop-off area. In fact, what I heard the staff report was that everybody has to park to take their kid in. That does make it a problem. You're going to have -- you might have the intention -- or Mr. Reynolds might have an intention to have just this Meridian City Council Meeting May 13, 2003 Page 30 of 62 facility exactly the way he wants it, but we have to grant the CUP and this variance for whoever runs this facility. It may not be you and it may not be him. Don't come back here and tell us anymore that the little kids don't drive. We got it. What you do have is you have a facility that's designed that every person that brings a kid there has to park their car to take the kid inside. Not every one of these facilities requires that, they have other ways of getting the kids there. They have turn arounds and drop-off areas and things like that, so that the parents don't have to all find a parking space. Yours doesn't so, that's why they need some parking. You may think that you're going to have people show up at one time and not another, but that doesn't always work out, so you might have 200 cars coming within an hour and every one of them has to park for five minutes. You don't have adequate parking. Those are the things we have to consider so, don't bring up again that the children don't drive. We have to look at the bigger picture of how do these people get in and out of this facility safely. I don't think it's unreasonable for what they are asking, unless you can bring us other evidence or something else about your facility that's a little different and that matches the ordinance. De Weerd: I might add that I don't think we are being very productive, but it sounds to me like you would like to have us continue this, so you can come back and have an opportunity to talk to the developer, talk to our staff, and talk, certainly, to your clients on what you would like to do. Is two weeks enough or too much? Juarez: Yes. No. I think -- when is the next Council Meeting? Bird: The 2th. That would be the 2yth. De Weerd: No. It-- Bird: Two weeks would be the 2th. De Weerd: We meet every week. Juarez: Oh, do you? De Weerd: So if you want one week -- Juarez: I think one week is fine. De Weerd: -- or two weeks? Bird: What? Juarez: One week is fine. Bird: Oh, the 20th? Nichols: Madam President? Meridian City Council Meeting May 13, 2003 Page 31 of 62 De Weerd: Mr. Nary -- I mean -- sorry. Mr. Nichols. Nichols: Madam President, Members of the Council, and, Mr. Juarez, perhaps you can answer this. It's my recollection that the Fire Department does not actually determine the numbers until they have actually got a blueprint to look at in the -- basically in the Building Permit application stages. Staff, do you know? Hawkins-Clark: Mr. Nichols, that's correct. I believe they do prefer to, actually, go and tour the facility. That's usually when the final determination is made, so that they can do their measurements on site. Nichols: Mr. Juarez, do you have -- I realize they are not going to be Building Plans or blueprints, but do you have plans of sufficient detail that perhaps a preliminary estimate of the actual number of children that would be allowed in the facility in terms of the Fire Department requirements? Do you have something like that to show the Fire Department if they could maybe count up the square feet to determine those numbers? Juarez: I believe I do, to a sufficient -- Nichols: But have you -- but you haven't done that yet? Juarez: Well-- Nichols: Or have you? Juarez: We have, but we were -- what I -- the first thing I said when I got up here is that, really, the State Code for licensing a facility doesn't differentiate between net or gross square footage, they just don't do it. They don't say net, minus bathrooms. They don't say anything like that in their code. We were trying to just say this is the size footprint of building we have. We weren't taking anything out of it. We weren't -- I mean it could be that, you know, we can't fit -- we can't fit -- if we can fit 200 kids there, that's great. You know, it could be that this particular building only fits 135 kids. Nichols: Okay. Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, Members of the Council, it sounds to me like that's, really, the critical piece of the information that you need, is some sort of a range without -- I mean because the Fire Department is going to say we can't give you a specific without, you know, the actual blueprints. If at least they had a range that based upon this particular plan or this particular design, the estimate would be X number of children, that would be relevant information for the Council with regard to how many parking spaces we are actually talking about. Meridian City Council Meeting May 13, 2003 Page 32 of 62 De Weerd: I think that's an excellent idea. Anna? Powell: Madam President and Members of the Council, also, because our standards are based on not only the number of children, but also the number of employees, it would be helpful to know how many employees they do intend on having. We based it on an assumption of one employee for 12 children, but that's -- the standards vary by the age of children and how many kids they are going to have that are going to be infants versus toddlers, versus beyond toddler. Juarez: That's correct. It's one per six on infants and toddlers it's one per 12 and, then, four and five it's one per 18, so one staff member per 18. Again, it's a moving target with staffing, members and children, again, so not only is the net versus gross a moving target, but the staffing is a moving target, depending on what your age of children is. If you have lots more infants, your parking goes way high. If you have lots more four to five year aids, your parking goes way low. It's a very difficult situation for me to design for, as well as to try to talk to about. De Weerd: Well, it will help you at least get a range, so that you can get a better -- your arms around it a little bit better and, certainly, I would imagine in your design you're going to have an infant room, you're not going to just put them in one big room. You are designing to certain age groups and we are not going to hold you to the letter, but something more workable. We know if what we are asking in our parking requirements are fair, we live by our ordinances, and if we find that they are unfair, then, we have to go through the modification of those ordinances. Until then, we live by our ordinances. If there is a Variance and it fits the criteria, then, Variances are fair and that's kind of how we look at each individual case. This gives you time to work with our staff and with our Fire Department to maybe help you with those numbers. Will one week be enough? Juarez: Yes. The drawing is already prepared. I mean we already have a floor plan, a footprint, of the facility. The portion in question that Tyler and I have been going back and forth on is if we put a basement there or do we do a second story. The latest kind of feeling that we have had is that we want to do a basement for -- a walkout basement in that facility, so the two-story idea may go away. De Weerd: Okay. Bird: You got all kinds of -- excuse me. Madam President? De Weerd: Mr. Bird. Bird: You got all kinds of other issues, then, with a basement. You have got your ADA and stuff, so I don't think you can come up with this in one week if you're doing it. Not only that, you know, you're asking us to go on a Variance that we handicap the developer's property to the south of you. That's all I was trying to get across is you need to go talk to that gentleman and see if he is willing to put something in there that isn't going to take up many parking spaces, so that you can have the parking spaces for Meridian City Council Meeting May 13. 2003 Page 33 of 62 your facility. When you're going from a two story to a basement -- and I don't know whether it's going to be a daylight basement or a full basement. I mean there is more -- you got to have more exits. You got to have all this stuff in a basement for ADA and safety deals, so I question if you're thinking about changing the footprint and the -- whether you can do it in one week. Juarez: Well-- Bird: That interferes with your CUP. Juarez: We -- we have the same ADA requirements for a second story as you do for a basement. You have stairs. You have elevators. You have all that stuff. Bird: I realize that, but you got to have different entrances. Juarez: It's much easier for us to -- it seems to be, anyway, easier to do a walkout basement on this particular project. De Weerd: Well, Council, I think we probably would be best to move on, continue it for a week, and if the applicant is ready, we can bring it up then. Bird: Madam President? Juarez: Can I just say one more thing? I don't want to upset anyone, but I just wanted to make sure -- Mr. Nary, I hope I didn't offend you. I tried not to. This facility is -- about the drop-off piece. We specifically designed this facility for a drop-off area. I'm not sure -- maybe I didn't -- I misunderstood you, but the other facilities that I have visited, none of them have -- well, the Learning Garden does have a turn around, but this is what -- I mean this is what we intended this whole thing for is for the drop-off and that's what we designed it for. A lot of the other facilities don't. The Learning Garden does, but many others don't. De Weerd: Thank you. Juarez: So, I just wanted to make sure that -- because I didn't understand it. Thanks. De Weerd: Thank you. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we continue Public Hearing CUP-- De Weerd: Before the motion is made, any further comment? Okay. Anymore public testimony? Okay. Meridian City Council Meeting May 13, 2003 Page 34 of 62 Bird: Okay. Thank. you. Madam President, I would move that we continue Public Hearing CUP 03-004, previous -- the request for a Conditional Use Permit for a child care facility in an R-4 zone for Building Bridges Child Development Center by April Reynolds at 3289 North Tower Bridge Way until May 20,2003. McCandless: Second. De Weerd: Okay. It's been move and seconded to continue Item Number 10 until May 20,2003. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Item Number 11. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we continue Public Hearing VAR 03-007, a request for a Variance of the parking requirements for Building Bridges Child Development Center by April Reynolds, 3289 North Tower Bridge Way, until May 20, 2003. De Weerd: Do I have a second? McCandless: Second. De Weerd: Okay. Moved and seconded to continue Item 11 until May 20, 2003. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 12. Public Hearing: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street: De Weerd: Okay. Item 12. Public Hearing for CUP 03-010, request for a Conditional Use Permit to obtain a dealer's license and sell quality used cars and trucks in an I-L zone for Finish Line Automotive and I will open the Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam President, Members of the Council. This Conditional Use Permit is for a five-car sales lot within an industrial zone. The parcel is here at the northwest corner of Northwest 10th and Franklin. The Eight Mile lateral does course the property. It's shown here on the west side of Northwest 10th, It does come across the corner of this property as well. Crestwood Estates Subdivision is Meridian City Council Meeting May 13, 2003 Page 35 of 62 immediately across on the south side of Franklin Road there. A day care center is here on Franklin Road as well. The Conditional Use Permit is required because in a light industrial zone, in order to do a sales lot, you must have a CU. The Planning and Zoning Commission reviewed the Site Plan that is here on the screen and they did recommend approval of the Conditional Use Permit. There are a couple of conditions that they added to the staff report that I'll point out. The access to the site here is -- this is was, actually, a staff report condition, but to narrow the entrance to the proposed parking lot to 35 feet, it's shown wider than that at this point, to help define a clear entrance point into their lot. They are proposing a temporary sales trailer that would be here just as you enter into the site off Northwest 1 Olh. I believe your packets have an elevation of that trailer. I did not put that into the presentation tonight, but I was told by the clerk's office that you had that. That was submitted with their application and we are recommending that that be the only trailer that be permitted there is the type that's shown on their elevation. They are -- the P&Z Commission did put a two-year time limit on that temporary sales trailer. At that point in time we would basically put a tickler in our files and say we would go and verify at that point that they have moved ahead on their permanent facility, which they have shown a footprint here on the Site Plan just to the west. I'm sorry, to the east. I think the other -- a couple of items to point out. The site -- as you may recall, some of you on the Council, was approved for a Conditional Use Permit for this existing enclosed area. There is a fence with slats that is used as kind off an off-site storage slash contractor yard that is there. They are proposing to keep that at this point in time. All of this area in the middle is shown to just be open. Our proposed condition is that they have -- they keep that free of weeds, debris, et cetera, and that no parking be permitted there and they would have to sign that as no parking. The five parking stalls that are here on the south side of the lot, this is the only area proposed to be asphalted. These five would be for the sales lot portion and, then, they are providing two -- two stalls that are here on the north side next to the trailer. Just checking to see if there is any other -- oh, as far as water and sewer, they are going to be required to hook up to -- hook up to the temporary office building to city water and city sewer. Item number seven on page three of the recommendation also points out that the applicant would be required to tile the irrigation canal running throughout the southwest corner. Either that or a Variance application must be submitted, which I don't believe one has been. Unless you have further questions of staff, I'll leave it at that. De Weerd: Council, any questions for staff? Bird: I have none. De Weerd: Okay. This is a Public Hearing. Would the applicant like to come forward? Is the applicant here? I guess if the application has no questions or no comment, I -- Nary: I have -- Meridian City Council Meeting May 13, 2003 Page 36 of 62 De Weerd: Okay. We have questions of the applicant, so if you will come forward, I will swear you in and -- do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Kallenberger: Yes, I do. De Weerd: Okay. Please state your name and address. Kallenberger: Lee Kallenberger and 44 Northwest 10th. De Weerd: Thank you. Mr. Nary. Nary: Mr. Kallenberger, we have two different photographs and I -- are they the same building or is one the backside of the building? Kallenberger: They are just two buildings that are being used at a different car lot right now. The actual building that I want to use is nicer than both of those. It's a temporary building that I think it is Huckstepp Builders have located and it would just be placed there on bricks until -- and with a skirting type thing around it. It's actually, nicer than any type of trailer situation. It's overkill. Nary: Well, it appears in looking at the minutes from the Planning and Zoning Commissioners, probably the most discussion there was on the building, the quality of the building that was going to be there, and there is a two year limit placed on that by the Planning and Zoning Commission. Do you really need two years to have that building on the site? I mean is that -- I guess it kind of bothers me to have this temporary structure in this type of setup when this appears to be a permanent facility, normally, these types of buildings that we approve for subdivision offices, those kinds of things, when they are building. You know, we only allow them during the time period when they are building the subdivision and, then, once they are done they have to take it out. This appears like it could be for a long period of time. Two years is kind of concerning to me. Does it really need two years? Kallenberger: I would like two years, just in case things change. I just want -- well, financial situations to make sure that I can develop all this stuff. I'm just one person trying to do a big development. I just want to make sure there is enough room there that I can operate now, as soon as I can, until I'm ready and I have already got it prepared to -- this guy that I'm buying it from is going to come and take it -- I'm just going to give it back to him. It's not an issue of how long it's there it's just gone when I'm done with it. Nary: Okay. I guess I'm not clear, then. You're saying the person you're buying this structure from was only going to let you have it for two years, so -- Kallenberger: Yes. Meridian City Council Meeting May 13, 2003 Page 37 of 62 Nary: Okay. At the end of two years -- but I guess my concern is this doesn't just affect you, I mean if we grant you this use for this temporary trailer structure on the site, the next person that comes along and wants that, we don't have a real reason to deny it either. I don't know that I want to have a whole bunch of these populated down Franklin Road and so I guess that's my concern. I mean it may look a little nicer than what you got in this picture, but all this says is you have to have it like the one in the picture. I guess I would -- I guess I'm not very comfortable if you're saying you don't have any real plans between now and the two years, it just depends on how many cars you sell on whether or not you can build a permanent facility. That gives me a little bit of concern to approve it. Is that the best you can tell me? Kallenberger: That is all I can say is in that length of time I guess I'm deciding if I want to do that with my property. I want to decide if that's what -- the direction I want to go. I did if for a couple years prior, but now I just want to do -- try going this direction. Nary: Okay. Thank you. De Weerd: And where are you going to park the used vehicles for show? Kallenberger: In the five parking spaces right out front. De Weerd: And where will your clientele park? Kallenberger: Well, they are making me add I think two more, the way I read. Two more parking spots and we are just going to bump everything over to the east about another -- however many feet it needs to be to add the extra parking spaces. De Weerd: And so where will you park? Kallenberger: In those areas. That's why they made us expand it, because of the employee parking or myself. De Weerd: Okay. You will have one parking spot for employees, one parking spot for your customer, and five parking spots for the used vehicles. Kallenberger: I'm unsure of exactly what the ratio was, but I know that it was what the staff had recommended. That's all I remember. I read it and I remember that it was within the legal limits. De Weerd: Okay. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting May 13, 2003 Page 38 of 62 Bird: On Item 7 on Page 4, it's -- the maximum period is 18 months, instead of two years on that, the recommendation, and I -- so -- and we're coming up with 24 months. What is the -- Nary: The P&Z recommendation is 24 months. Bird: But the recommendation here is stating 18 months, unless otherwise approved. Hawkins-Clark: Madam President, if I could just clarify. The 18 months is -- was -- the ordinance says that from the date that you approve it, this permit is only good for 18 months. If he doesn't go out and start to put paving down and use it by 18 months, then, the permit expires. Bird: That's what I wanted clear right now, because he's thinking he's got two years, 24 months. Well, six months is a big -- a big difference. Nary: Madam President? De Weerd: Mr. Nary. Nary: Two different things. What the recommendation is is that he can use that building for two years. The 18 months is just to begin operation. Bird: Yes. That's right. Nary: But once you begin -- he could begin operation a month from now and he's satisfied that condition. Bird: That's right. Nary: The other condition is that he can, then, continue to use that building for two years. Bird: I agree there. Nary: So, they are two different things. Bird: Yes. He needs to -- I don't know if he was clear on that. Kallenberger: I wasn't. That was a question I should have had. Bird: I didn't want you to get burnt, because, you know -- and thinking one-way and, then, having it happen the other. Nichols: Madam President? Meridian City Councll Meeting May 13,2003 Page 39 of 62 De Weerd: Mr. Nichols. Nichols: Question of staff. Brad, the 18 months is to finish all the requirements for the Conditional Use Permit, but doesn't he have to get a Certificate of Zoning Compliance before he can open up for business? Hawkins-Clark: That's correct. De Weerd: And so the 18 months is how long he has to get everything done and ask for a Certificate of Zone Compliance, but he can't -- he can't start work on it and open up at the same time. Hawkins-Clark: Correct. He has 18 months to acquire the Building Permit and commence construction. Nichols: But as far as actually operating his sales business out of there, everything has to be done first? Hawkins-Clark: That's correct. Before -- right. Before the occupancy could occur on the site of that trailer, he would need to, right, go through, get the parking lot approved, and get the landscaping approved. Nichols: Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: I think this is, again, from what Mrs. de Weerd had said. I mean in reading the staff report it says -- these are the five spaces here for the used cars, correct? Kallenberger: That's correct. Nary: And it says you need two spaces one of them is a handicapped space for customers to park and there is no parking here. Where are you going to park? This is for your customers to park. Kallenberger: Where them -- where them three trees are, where they called them sequoias, but they are not, they were cracking a joke about those, that's just going to be expanded over just a little bit more. However, many feet it takes. What is it? Eight foot? Nine foot driveways? I have got enough property there to go however much I want to go. Nary: So, this is going to be additional parking here? Kallenberger: A little bit. Yes. Meridian City Council Meeting May 13, 2003 Page 40 of 62 Nary: Did I miss that? Is that here? Because that's not what the staff report says and I guess I didn't hear you say that. You're going to take out all these threes here and put parking there? Kallenberger: They are not there. Them trees are not there yet. Nary: Oh but on this plan there is no landscaping in here any longer, this is all parking? Kallenberger: Yes. It's just an open area right now. It's open. Nary: I understand that it is now. We have a landscape requirement, too. What I'm asking staff is this is now parking, this is no longer landscaping in here, is that right? Hawkins-Clark: Madam President, Mr. Nary, the ordinance says for sales lots you got to provide one-third of the spaces used for sales for customer parking. Nary: Right. Hawkins-Clark: They are provid ing five for sales. One-third of that is like 1.7. Nary: Right. Hawkins-Clark: So, technically, as drawn right there, they meet the ordinance. Nary: But there is no room for him to park. Hawkins-Clark: I agree. As you read the Planning and Zoning Commission minutes, that's, I believe, why the Commission wanted to get that requirement in there. Nary: Okay. Hawkins-Clark: So, yes, those three trees are -- would be pushed over or moved around to another area on the site, as Mr. Kallenberger stated, but he would have room to move that asphalt over to the east and get a spot for him to park. Nary: So, at the minimum he would need a new Site Plan, because it's not going to look like this. Hawkins-Clark: Correct. Nary: Okay. De Weerd: Any further questions? Bird: I have none, Madam President. Meridian City Council Meeting May 13, 2003 Page 41 of 62 Nary: Madam President? De Weerd: Mr. Nary. Nary: A question for staff. In talking to Mr. Kallenberger, I can only think of these types of temporary structure facilities as for subdivision building. I can't think of any other ones that we let people have these as, essentially, their facility until they can figure out if they can do something different, is there other facilities like this? Hawkins-Clark: Mr. Nary, you know, the school district uses temporary trailers, of course. There are some churches around town that use them for Sunday school spaces. Off the top of my head I can't site any commercial areas that are similar to this, no. Nary: Okay. Thank you. Bird: Madam President? De Weerd: Mr. Bird. Bird: Mr. Kallenberger, you're willing to tile that ditch out there on the south? Kallenberger: Yes, I am. It's got to be done anyway, so -- to make my property worth more. Bird: Okay. Kallenberger: As a matter of fact, I have got that lined up. De Weerd: Any further questions? Bird: I have none. De Weerd: Okay. Thank you. Kallenberger: Thank you. De Weerd: Okay. Council? Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting May 13, 2003 Page 42 of 62 Bird: Hearing no more comments that need to be stated publicly, I move that we close the Public Hearing on CUP 03-010, the request for a Conditional Use Permit to obtain a dealer license for Finish Line Automotive by Lyle Lee Kallenberger. Nary: Second. De Weerd: It's been moved and seconded to close the Public Hearing. Any discussion? All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Okay. Any discussion? Or motion? Nary: Madam President? De Weerd: Questions for staff? Yes, Mr. Nary. Nary: I guess the only comment I have is I mean I just think this is incomplete. I mean I think there is some -- I think there is some real good steps that Mr. Kallenberger has made, but I still think this is a pretty questionable project and it makes me very uncomfortable to approve this temporary building for this commercial lot. I think it isn't something that's very common. I know we have -- I think Mr. Hawkins-Clark is correct in pointing out that we have had some of these on school properties, we have had some for school classrooms on church properties, but -- I mean they are operating a business on one of our busier streets out of this temporary building, which I just think is a very poor precedent for us to set. I think this is not the type of development that we will be encouraging along Fairview or Franklin or any -- Eagle Road or any of them. There is no temporary -- I mean the temporariness of this makes it very difficult for me to put any particular interest in wanting to do this. I think it needs to be a little bit more permanent than what's being requested here and I just can't be in support of it. De Weerd: Is there any other discussion? Would someone like to try a motion? Bird: Madam President? De Weerd: Mr. Bird. Bird: While I agree with Councilman Nary to a degree, I have seen temporary buildings put on dealerships -- not in Meridian, because we do not have a lot of dealerships. Up until a couple years ago, we didn't encourage all the dealerships, unless they were new. I have seen a lot of temporary and you can take those temporary deals -- I have got a concern on the length of it at times, but I know that that's something that goes with our ordinance. That don't bother me as much as the attitude is we are going to wait two years and see if this is successful. If not, we will just shut her down, you know. To me, that isn't -- that isn't what we hope to get coming over to Meridian, but that's something that -- you know, he's the one that puts out the dollars and cents and has to make the Meridian City Council Meeting May 13,2003 Page 43 of 62 bottom line add up. I have -- I have no problem with -- again, I know it is a busy street, he's going to tile the ditch, he -- but I think if you look in the conditions of that temporary building, it will probably look as nice as some of the permanent buildings that's built out along there. I have -- that don't really bother me as much as some other concerns, but I would certainly give him the benefit of the doubt. Like he said, he's the one that's putting up the money and going to make it successful if he wants it to go. If nobody else has anything, I will make a motion. De Weerd: Okay. Mr. Bird. Bird: I would move that we approve CUP 03-010. Request for a Conditional Use Permit to obtain a dealer's license and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger 44 Northwest 10th Street, and the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order, with staff and applicant's comments included, with suspension of rules. De Weerd: Suspension-- Bird: Oh, I guess I don't have to do that. De Weerd: You can try. Bird: I will do anything. De Weerd: I will second. Okay. It's been moved and seconded to approve the CUP request for Finish Line Automotive. Any discussion? I guess I would just add that I think the property owner is doing a lot of improvements that certainly will improve that lot and in the economy today, I think you do have to be a little cautious and I guess I had an issue with some of the parking and -- but I don't mind so much. I guess my biggest concern would be enforcement, that after -- after the time period is up and the trailer isn't moved, it's certainly a lot more difficult going in and shutting someone down and it's not the most positive thing to put the city in that position for -- but it's a risk they have to take. Since we still have a little discussion, I would like to ask the staff on how enforcement could be done. Powell: Madam President, Members of the Council, I believe at our last hearing I mentioned that I wanted to institute a way to keep track of the Conditional Use approvals and the final and Preliminary Plat approval as it went through. We have something not quite finalized yet, but we know how we are going to do that and how we are going to set it up and we can set -- certainly, it would be easy enough to set up a trigger on this file as well, so that we had a review date. Then, at that point if he -- if the trailer is still there after two years, we can send a letter, we can cite him if he doesn't remove it after we send a letter and, then, you will always have the option to revoke the use permit at that time. Meridian City Council Meeting May 13, 2003 Page 44 of 62 De Weerd: Okay. Well, we have a motion on the floor to approve the CUP request. Mr. Berg. Roll call: McCandless, aye; Nary, naye; de Weerd, aye; Bird, aye. De Weerd: Okay. Motion carried. MOTION CARRIED: THREE AYES, ONE NAYE Item 13. Item 14. Item 15. Public Hearing: AZ 03-005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Public Hearing: PP 03-003 Request for Preliminary Plat approval of 172 build ing lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Public Hearing: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: De Weerd: Okay if Council would not mind, I will open Items 13,14 and 15, for request of annexation and zoning of 61.33 acres from RUT and C-C zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP. Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for Verona Subdivision and also Item Number 15, request for a Conditional Use Permit for a planned development for 146 detached single-family dwellings, 20 town homes, six office lots, six shared driveway lots, 16 open space lots, including addition to a community park in a proposed R-8 zone for Verona Subdivision. We will open the Public Hearings 13, 14 and 15, with staff comments. Hawkins-Clark: Thank you. On the first item for annexation and zoning, Number 13, the request is for an R-8 zone. The property is here adjacent to approved Lochsa Falls Subdivision that is on the north and on the east, un-annexed, unplatted Ada County property on the west here on North Ten Mile Road. The red parcel that's shown there is -- was approved as part of Bridgetower Crossing Planned Development. It's annexed as a C-G parcel. The property that is surrounded here on the northwest corner doesn't show up on this map, but it was also a part of Bridgetower Crossing and was also zoned C-G. The Comprehensive Plan does show this as medium density residential, as the application showed. That has three to eight dwelling units per acre and they are coming in with a net density of about 4.2. The requested R-8 zone does meet the Meridian City Council Meeting May 13, 2003 Page 45 of 62 Comprehensive Plan and the Planning and Zoning Commission did recommend approval of that. As you can see, predominately existing Ag land out there the Lochsa Falls project, as you may recall, is, actually, beginning their development from Linder and moving to the west. The latter phases of Lochsa would come into play here adjacent to Verona. Item Number 14 on the Preliminary Plat -- I will go over some of the highlights there on the plat and a couple of modifications to the recommendation. The plat as shown here is -- just because it's fitting the screen better, but north is to the left, so not to be confused. The south end of the project, McMillan Road, is here on the right-hand side and Ten Mile is at the bottom of the screen. It is a Planned Development, so they are requesting under that application some non-residential uses, and those are shown here mainly at their entrance off of McMillan Road. A residential collector that's proposed to come in, circle around this annexed commercial parcel, and, then, come out to Ten Mile Road. It's -- staff thinks that's a good design. Ada County Highway District I think made the same comment. It does provide for good access from inside the section and inside the subdivision to this commercially zoned corner, not unlike the R.C. Willey design there on Eagle and Franklin Road, as you may recall. At that entrance off of McMillan, they are showing office lots, potential day care site, coming in, then, with a small area around this cul-de-sac of attached units. Another office lot that's shown here at the -- as the collector curves and, then, church, and other office uses shown off the entrance to Ten Mile. That does meet the maximum 20 percent of the gross land area for nonresidential that they are permitted to request. Most of the north end of the subdivision -- north half has the single-family detached housing. They are using the Lochsa Falls stub streets that are coming in from the east. There are three of those, as well as an easement here at the south end. The Lochsa Falls Planned Development had a multi-family lot that was designated here and, then, office that had the McMillan frontage and between those two uses they had a 29, 30-foot wide private road easement that comes through and that would be continued on through this project. They are utilizing all of those Lochsa Falls designs and stub streets. Here on very north end there is about a four and a half acre parcel that they are proposing to dedicate to the city as a park. That would be combined with the 24 and a half acres that Lochsa Falls, as you know, is also showing to the city, so that would be meeting the parks department's 30 acre or so standard for community parks and that would have some frontage and access off of Ten Mile, as well as this collector. The applicant has agreed to construct a multi-use pathway along the south end of this park parcel -- park lot, as well as provide 20-foot landscaping there. We might get this clarified, but I think the parks department is going to take maintenance of the landscaping, ultimately, since it is going to be on the park's parcel. I did check with Doug Strong tonight and since it's on park's land, even though the build out of that community park wouldn't happen until a later date, because this is shown in phase one of Verona, so they are proposing to put in that ten foot wide asphalt along with the landscaping in Phase 1. It will be precede the city's acquiring of the full park, but it sounds like Doug's in agreement and he can testify if he wants on that, to still maintain that prior to the city getting that -- the rest of that land developed. As far as the Planning and Zoning Commission recommendation on both 14 and 15, they did recommend approval. The recommendation on the Preliminary Plat should have a change. The revised Preliminary Plat date is April 30th not April 3rd as shown. I think the main other outstanding question to have Becky Meridian City Council Meeting May 13,2003 Page 46 of 62 address tonight would be the relocation of the -- what is it call? McMullen. Yes, the McMullen lateral. It's currently bisecting the property and they are proposing to relocate that to come within the project, come, I believe, along the collector and, then, it would come along adjacent to Ten Mile Road. It would be located in an easement that would impact the landscaping street trees that our ordinance does require along Ten Mile and I think that is an outstanding issue that we will need to talk about tonight, how the street trees would get addressed within that easement that's going to be relocated there. Yes, and, then, the last item to -- staff's recommending an added condition that deals with common driveway lots. There are a couple of locations where the lots have minimal frontage onto a public street. As a Planned Development, they are not required by the ordinance to do the common driveway lots, but I believe Anna talked with Becky tonight about providing the common driveway in Lots 9 and 10 and 25 and 26 of Block 3. There are two sets of lots there, and, then, Lots 27 and 28 of Block 10. I think that's all we had to point out at this time. De Weerd: Thank you, Brad. Any questions of Council? Bird: I have none, Madam President. De Weerd: Applicant? Do you promise and affirm that the testimony you give is the truth, the whole truth, and nothing but the truth, so help you God? McKay: I do. De Weerd: Please state your name and address. McKay: Becky McKay, 1100 East Valli-Hi, Eagle. I'm representing the applicant on this matter. This is a colored rendering of the project and what we did in here is we stuck in the Lochsa portion of the park to kind of show you, you know, what -- how that all interfaces and how that would look. If you recall, when I did the Lochsa project, there were a couple of concerns as far as the Lochsa park and access and so forth. One issue that was brought forth was the hope that some additional acreage could be added to the Lochsa Park to bring it up to 30 acres. Secondly, the hope that some type of a collector system -- a collector roadway could be built in that would, obviously, provide some access to that park and what we have done is based on the comments that we received from the Council when that particular project was going through the Public Hearing, we have incorporated into this project. We have proposed approximately about four and a half acres be added to that Lochsa. We are not asking for any park impact fee credits. It will be donated. We will be constructing this collector roadway, providing sewer and water services. We have been working with your Public Works staff on locating those. We have indicated -- we went before the Parks Commission, we showed our plan to them, they supported it, and we indicated that we would provide like any topographic information, records of surveys that we have, so that they don't have to duplicate that work that's already been done. This is a two-phase project. The first phase will be kind of a zigzag of this northern portion here. We anticipate building that, starting construction as soon as possible, probably in the month of July, based on how Meridian City Council Meeting May 13. 2003 Page 47 of 62 long it takes to process our construction plans. I'll put that down and show you the Preliminary Plat. One of the things that we, obviously, took into consideration is the fact that we have got this C-G area here that was approved with Bridgetower. It's important and I think we all agree on making sure that we have good interconnection with these projects. We have aligned this collector roadway with this town home entrance we have to the south in our Bridgetower project along McMillan and, then, this is a full collector coming around and wrapping in. That would provide access to this commercial, also providing access to our mixed-uses here. As Brad indicated, this is a PUD, so we have attached single-family, detached -- or attached single-family, detached single-family, and, then, office uses. Since this is commercial and it is approximately 15 acres in size, so you could have sayan Albertson's or some type of store there, we didn't want to put the single-family right up against it, so we are buffering it with the office here and here and, then, we have got the attached -- or single-family at this location. As Brad indicated, if you recall, in the Lochsa project they had office lots along McMillan Road, with a Cross-Access Easement that linked to this property. We have gone ahead, extended that Cross-Access Easement, and intersected it into our collector roadway. This is going to be multi-family at some point in time, so these people could come in, if designed properly, and access to get to sayan Albertson's without going out on the arterials. The other thing with the traffic engineers and, then, our pre-application conferences with the Highway District, they were very impressed with the fact that we were creating this collector here, because that will increase the capacity of the intersection of Ten Mile-McMillan. Therefore, allowing traffic to come in, take this collector, and, then, make a free right and go on down north on Ten Mile Road. This is a collector roadway up to this intersection and, then, as we go north this is a local street. There are three stub streets coming out of Lochsa Falls, which we have made connection to. We have done so in a fashion that we don't encourage this traffic to be cutting through us, with the exception of this roadway and in our design we have -- we have had to blow a few lots for drainage, so we only have four lots here that would be impacted by traffic coming through. Then, going into this collector, which we named Belogio, coming out to Ten Mile. Like I said before, this collector will also provide access to a parking lot or however you design this Lochsa Falls Park, density wise it's a medium density residential zone. Our net density, as Brad indicates, 4.26, but the gross density is 4.2 and that excludes any office, just solely the residential and, then, it also takes into consideration the right of way and, then, the open space. We have asked for a PUD. That allows us to deviate on our square footages for our homes and our lot sizes. The two amenities that we are proposing is, one, the donation of the acreage to the city and, secondly, you have a multi-use pathway that's shown on your Comprehensive Plan map and we have agreed to construct that along that collector. In our discussion with the Parks Department, it is our responsibility to come in and landscape along this collector roadway. Brad mentioned something about the parks department maintaining it. I think the offer we made before the Parks Commission was that we would maintain it, we will landscape it, provide the sprinklers, and build the multi-use path, so we will have the pathway, if you can envision that, the pathway and, then, the 20-foot of landscaping all along here. It will be connected to our pressurized irrigation system our association will maintain it, until such time as the Lochsa in its entirety is developed. Then, this would be allowed to merge into this, so any Meridian City Council Meeting May 13, 2003 Page 48 of 62 pressurized irrigation connections, we would work with your staff to make sure that we have the right type of stub out, so that they can just connect right in, that the landscaping is, obviously, acceptable to what they are going to be maintaining on a long-term basis. We don't want to put any burden on the Parks Department at the short-term basis, until, you know, they have got crews out there, because I just don't think that's real cost effective. We do have one storm drainage area. This is the lowest point of this whole property and we have got some ditches that come along here and, then, they run down our boundary. We have been working with your staff and I want to go on the record to trust fund -- it's a small -- just a small waste ditch. We want to trust fund, therefore, providing that -- the dollars in order to pipe that to the city, so when the park is developed that could be done and the reason being is if we go ahead and design it and install it, it most likely will have to be torn out. Based on some of the elevations, you know, if you guys had you to, you know, put a parking lot over the top of it or something, it would have to be dropped down and probably siphoned and so forth. We will provide the staff with a bid from our contractor and, then, we will give that money to the Public Works Department to hold in lieu of -- that goes to the Parks Department for that improvement. We want to work closely with Public Works and the Parks Department to make sure anything -- any improvements that we make don't have to be redone and, obviously, will mesh in. I know that they are talking to some landscape architects about coming up with a concept design for this particular project. We have provided landscaping along -- along the Ten Mile Road arterial. We have also incorporated pedestrian pathways, cutting through blocks, allowing shortcuts, so that these residents can come through these ped paths and get over to the park. The same holds true here and here. As I indicated before, this is the low point of the property. In our design we have really no choice but to have some storm drainage retention in that corner. Kathy Strochein, our civil engineer, met with the Parks Department, they had some discussions and she showed them some drawings. We would be landscaping that area, providing buffering and so forth. I guess if it is -- I know like at Bear Creek it became kind of a hot issue with Mr. Koontz. If that does become an issue, then, I guess we would want to chop that off and just have that private, if we can't come to a resolution. The meetings that we have had with the Parks Department recently, they have been just very, very willing to work with us and try to come up with some great solutions that benefit everybody. We have a really good project here, sewer and water. The sewer has been extended up to this point and water and it's getting ready to go along this roadway. Just to refresh your memory, an easement was granted by Primeland, Mr. Sues, for your water line to come up here and, then, we granted a sewer and water easement in alignment with this road, so that that sewer and water is no longer going to be constructed through that park. That solved the third problem that came up with the Lochsa development. We felt we have made great effort in trying to solve -- resolve problems and to do what the Council kind of directed us to do when this property was developed. The other issues are the right of way. I know everyone always asks, you know, what about -- what about traffic. As I have indicated, we have done everything we can to minimize the traffic and interconnect. The other thing we have done, when we went to the Ada County Highway District Commissioners, we did go on the record that we will be donating the right of way for this project on the arterial for Ten Mile. We will not be asking for -- because it's not in their CIP, so, therefore, they Meridian City Council Meeting May 13, 2003 Page 49 of 62 can't demand it of you, but it is in the best interest of the city and the Highway District that we provide that right of way. We went on the record and said we will donate the right of way, we will not ask for impact fee credits, however, if extraordinary impact fees are ever instituted on the project, then, we would like some credits for that. Now, who knows whether that will happen or if it will happen before this particular project is developed, do you have any questions? Bird: Madam President? De Weerd: Mr. Bird. Bird: First off, I'd like to thank Becky and Frank and Ed for donating that ground. We-- I happened to be on the start of the Lochsa deal and we brought this to Becky's attention and Frank and Ed and they jumped right in and didn't even ask for any park impact fees or anything else to help us to offset it. Then, I do have a question. On moving that -- that ditch in there, Becky, you're going to bring it over to Ten Mile and run it up -- or -- yes, Ten Mile, and run it up there with the easement stuff and won't be able to plant along that easement, will you, over the -- over the ditch? Will the ditch company allow you to -- that ditch you're going to -- McKay: The McMullen lateral? Bird: Yes, McKay: That McMullen lateral crosses, comes up, comes into this property, and, then, kind of traverses here. Bird: Yes. McKay: So, we were going to catch it here and it's also a preference to put it in a common lot, so then, we are not in conflict with residents and so forth. We have it in the common lot. Well, then, the issue of the trees came up. What our plan is -- and we had a meeting on that this morning -- is we have a detached sidewalk all along here on both sides. We would like to have our trees planted between the face of the sidewalk within the five foot landscaped area. Then, position the pipe and get the irrigation district to kind of offset that easement, because some of the easements we will deal with they are not centered on the pipe, they are offset, and as long as they get the easement they believe necessary to go in and do any maintenance -- it's a concrete pipe. The other issue that I brought to the Planning and Zoning Commission was I would like them to provide us evidence that it is their facility, because I was told by them initially that it is a user's ditch. In the conversations I have had with the farmer, he said the users maintained it almost 99 percent of the time. They all of a sudden piped up and said, well, it's ours. You know, that's for me and them to work out, as far as do they have the right to dictate what we do with it. We have been working with them, we met out them out at the site, we have talked about it, but I think we can accommodate those trees, as Meridian City Council Meeting May 13, 2003 Page 50 of 62 long as the staff works with us on the types of classification of trees, because we don't want to plant anything that would buckle those sidewalks. Bird: That's right. McKay: And that is real important to us. If we have to go with flowering plumbs or something more -- what do they call those, decorative trees, that's what we'd prefer and, then, we have the pipe on the other side of that sidewalk. Then, that easement would go just to the face of the sidewalk, so they would have no jurisdiction over that five feet. That's how we plan on working it here. Along Ten Mile it will come up and, then, cross and go westward. We have 35 feet here. We could set those trees back up against the lots and, you know, we kind have kind of been, you know, looking at all our options, because Settler's is not very flexible at times. De Weerd: Is that a detached or an attached sidewalk? McKay: On? De Weerd: On Ten Mile. McKay: Detached, and on our landscape lot. Not in the right of way. De Weerd: Are there any further questions, Council? Bird: I have none. Nary: Madam President? De Weerd: Mr. Nary. Nary: I have probably said plenty tonight, but I do want to say this is very nice. I mean it's an excellent project and the park addition is very much appreciated and all the work that's gone into it and with all of the people. It's great. McKay: Thank you. We appreciate it. We worked hard and your staff's been great to work with, the Planning Department, Public Works, and the Parks Department. De Weerd: I think you started over a year ago on this, because I think we met with Mr. Bird on that one and I appreciate what you're doing with the right of way, too. Thank you. You guys have always been very first class and that's really appreciated. Okay. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting May 13, 2003 Page 51 of 62 Bird: These are the projects that make our job awful nice here and make us look awful good and we certainly appreciate it and, you know, Frank and Ed have always bent over backwards to make sure that the city has got their fair share. They have always been that and Becky's -- I can't say how much of a help she's been to the Parks Department and I know Doug's going to find this out as he goes along and she brings in projects, that she works with the parks department very close and she gets it done. These are projects that we can be very, very proud of, the Bridgetower is one, and now you have got this one going, so we appreciate it. I do certainly appreciate it. McKay: Thank you. You guys have this in your packet, I assume. I submitted it last week. Bird: Yes, we do. McKay: Okay. I just had a few comments. In there, there is a clarification and I'm sure Brad's already looked at it. Brad and Anna. With Brad, I don't know. Watson: Either one. We did have one comment on those when we get a chance. De Weerd: Go ahead. Watson: Okay, while Becky is still standing up there and she wants to comment on it. There is a -- the Preliminary Plat conditions of approval, site-specific B, Number 1, regarding donation or -- yes, donation of the construction -- donation of an easement area for construction of a water main. They are requesting that no latecomer fees for water be assessed. Given my propensity for gun shyness lately on latecomer agreements and misunderstandings down the road, I don't have a problem with this, as long as the person who requests the latecomer, who was actually here earlier tonight, provides written release or a copy of that agreement releasing this developer from those latecomer fees. I don't have a copy of this agreement, so -- McKay: So, if we provide -- if we provide a copy of the agreement between the two parties indicating that we are not subject to a latecomer fee for water, since we granted the easement, then, that would be satisfactory? Watson: That would be satisfactory, if that agreement has Marty's -- or Farwest's signature on it, that they are releasing them. De Weerd: We appreciate your caution. Watson: They did teach me a lot. Bird: We learned a lot, didn't we, out here. Nary: Madam President? Meridian City Council Meeting May 13, 2003 Page 52 of 62 De Weerd: Mr. Nary. Nary: I will make one more nice comment, because I can do that, but I echo what Mr. Bird said. I look at this project like your Bridgetower project and the same way that we get -- like Mr. Bird said, it gets -- this makes our job easier. We point to that project a lot as to how to do it right and this is another one of those to me that is the same way, but we also get other applicants standing up here saying we are going to do it -- we are going to build something like what Bridgetower looks like. I just appreciate, again, how much effort is put path into make this a very nice, compatible, excellent looking, excellent project for the city and it's noticed by us and it's noticed by other people out there, too. McKay: We are getting a lot of compliments from the community and from everyone, so we are pleased. Thank you. De Weerd: Thank you for your comment. Nary: Thanks for not trying to put a 200 kid day care right there. McKay: So, I guess if you guys could just go through the balded ones and if you have problems, I think under annexation and zoning, item A-3, it talked about us making park improvements and a parking lot. Like I said, we are not -- we are not putting those improvements in, because we don't know what you guys are going to do. We are doing the 20 feet and the 10-foot asphalt multi-use pathway. Then, item C-3, the Fire Department asked in the event there is a signal at that collector. That is at -- could potentially be signalized, our project doesn't warrant it, because we don't generated enough traffic and I guess it depends on what type of park facility you're creating, if it would warrant it. I guess my comment was funding of the opticom improvement should be borne by whoever necessitates the signal, because we don't necessitate a signal. Then, under Preliminary Plat B-3 -- the others we have already discussed -- we, obviously, won't be putting any fencing on the north boundary, because that would be fencing part of the park off. We will be doing any perimeter fencing as required by the staff. Okay. Then, there was some comment -- it looked like a hold over from another staff report just got left in under B, Preliminary Plat condition B-5. There is no playground equipment proposed with the project. Bird: You can't blame us for trying. McKay: We were hoping there was playground equipment in the park. Bird: Well, I think there will be down the road, won't there, Doug? Strong: Let's hope. McKay: But anyway, yes, if you will just follow along with that, then, I think -- other than that, we are in agreement. Meridian City Council Meeting May 13, 2003 Page 53 of 62 Bird: Thank you. De Weerd: Mr. Strong, you have been awfully quiet over there. Do you have anything you would like to add? Strong: I'm relatively new to this project, but everything I have seen to this point looks like it's going to be a very workable park for a community park. We hope to move in the next year with a master plan design and construction documents, so we can move ahead fairly quickly. This is a site that's been identified for PAL Soccer, I think, at this point. We certainly need the space. It looks like it will lend itself to the type of traffic that PAL Soccer will generate and we are excited to have it. Nice project. De Weerd: Thank you. Bird: Madam President? De Weerd: Mr. Bird. Bird: Anna or Brad Hawkins-Clark, Becky's reply to the solutions and stuff, are they agreeable to you guys? I mean they sound great. Hawkins-Clark: Mr. Bird, Madam President, yes, I think Brad Watson pointed out the one clarification that we want on that and, then, of course, we don't have a representative from the Fire Department here, but that's, you know, a change on the opticom that I'm assuming our parks department is going to want to include in a future budget. Bird: The Fire Department will. Hawkins-Clark: Or the fire, whichever. If you agree to adopt her changes -- and, of course, that's going to be an impact on the city in terms of the opticom, but I think their argument about the larger use bearing the cost is probably a good one. Otherwise, I believe, yes, we are -- other than the change of that Preliminary Plat dated April 30th and the addition of our common driveway lots that I mentioned earlier. De Weerd: Thank you, Brad. Okay. Well, we still have an open Public Hearing. If there are no further questions for staff or applicant, I would entertain a motion to close. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we close the Public Hearings for Veronica Subdivision, AZ 03- 005, PP 03-003, and CUP 03-007. Meridian City Council Meeting May 13, 2003 Page 54 of 62 De Weerd: Do we have a second? Nary: Second. McCandless: Second. De Weerd: Okay. All those in favor of closing the Public Hearing for 13, 14, and 15, please, say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Okay. Discussion? Discussion in your mike about the subject matter at hand. Bird: Madam President? De Weerd: Mr. Bird. Bird: We are not going to have any discussion. We have talked to that. I would move that we approve AZ 03-005, the request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for the proposed Veronica Subdivision by Primeland Development, LLP. At the northeast corner of West McMillan Road and North Ten Mile Road, incorporate staff and applicant comments, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve the request for annexation and zoning for Veronica Subdivision. Nary: Verona. De Weerd: Well, I just listen to him. It's Verona Subdivision. Okay. Mr. Berg, will you, please, call role. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you. MOTION CARRIED: ALL AYES De Weerd: Item Number 14. Bird: Madam President? Meridian City Council Meeting May 13, 2003 Page 55 of 62 De Weerd: Mr. Bird. Bird: I would move that we approve PP 03-003, request for Preliminary Plat approval of 172 building lots, and 16 other lots on 61.69 acres in a proposed R-8 zone for the proposed Verona Subdivision by Primeland Development, LLP, northeast corner of West McMillan Road and North Ten Mile Road. The date on the Preliminary Plat is April 30, 2003 and to incorporate staff and applicant's comments and replies and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved to approve the Preliminary Plat for Verona Subdivision. All those in favor say aye. Oh, sorry. Nary: Madam President? De Weerd: Mr. Nary. Nary: Just so the record is clear, I know that Mr. Bird meant this will be the section to include the common driveway language for the Findings of Facts. I think what was stated was Block 3, Lots 9, 10,25 and 26 and, then, Block 10, 27 and 28. Bird: Right. I'm sorry. Thank you. De Weerd: Thank you for your clarification. Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you. MOTION CARRIED: ALL AYES De Weerd: Okay. Item 15. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve CUP 03-007. Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhouses, six office lots, six-shared driveway lots, 16 open space lots. Including the addition to the community park, in a proposed R-8 zone for the proposed Verona Subdivision by Primeland Development, LLP, northeast corner of West McMillan Road and North Ten Mile Road and incorporate staff comments, applicant's comments and Meridian City Council Meeting May 13, 2003 Page 56 of 62 replies, and the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve CUP 03-007, for Verona Subdivision. Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: All ayes. MOTION CARRIED: ALL AYES Item 16. Public Hearing: Amended Zoning Ordinance Meridian City Code 11- 8-1, Schedule of Use Control, to allow churches in R-40, I-L and C-G zones: De Weerd: We will move to Item 16, but I would like, Council, if we can add an Item 17 while Mr. Strong here and maybe talk about the Skate Park real quick. Bird: You bet. De Weerd: I'll open the Public Hearing for Item 16, Amended Zoning Ordinance, Meridian City Code 11-8-1, schedule of use control, to allow churches in an R-40, I-L, and C-G zones and I'll start with staff comments. Hawkins-Clark: Thank you, Madam President, Members of the Council. Just for clarification, is the only item that was placed into your packets the minutes from the P&Z Commission meeting, isn't that correct? This was a coordinated -- somewhat of a coordinated effort between our department and the legal department that began a few months ago. It came to our attention, I believe, in response to an applicant who was seeking to place a church in an I-L zone our ordinance prohibits churches in I-L zones. De Weerd: Brad? We do have the ordinance. Hawkins-Clark: You do have the ordinance? De Weerd: And the minutes. Hawkins-Clark: Okay. Great. I did not get those, so I just wanted to make sure. Yes, I think it's a fairly simple modification that -- it's coming about from a federal act called the Religious Land use and Institutionalized Persons Act. That is, essentially, saying that cities do not have legal authority to keep religious institutions or other persons that have been defined by the federal legislation from utilizing certain areas. I think this somewhat came out of that. Mr. Nichols can probably address the legal side of it more, but the Meridian City Council Meeting May 13, 2003 Page 57 of 62 change at this point is just strictly a conditional -- I'm sorry, schedule of use control change to add churches to these two zones. Or, I'm sorry, three different zones, as conditional uses. Right. The R-40, the I-L, and the C-G and the Planning and Zoning Commission did recommend approval of the change. De Weerd: Any questions of staff? Bird: Mr. Nichols. De Weerd: Mr. Nichols? Nichols: Madam President, Members of the Council, I think we reviewed this at a Pre- Council Meeting. I think our ordinances didn't violate the RUPA law, but this seemed to make sense to add these as additional conditional uses in these additional zones to accommodate these particular uses. Also, as a way of pointing out that we are not violating that rule, but we are considering these uses and giving them a little deference, but that's more or less what the federal legislation said we had to do anyway. We just think it's a common sense thing, if somebody wants to put a church in one of these zones, it's a conditional use to where we can take into account what is it next to, how will it impact the particular neighborhood, and craft those conditions to mitigate any adverse affects and still allow the use to go forward. De Weerd: That sounds great. Nary: Madam President? De Weerd: Mr. Nary. Nary: It's on our agenda and noticed up and we can certainly -- there is nobody here to have a Public Hearing, but we can pass this tonight, we didn't put it in the normal way to do it, but there is certainly no reason we can't. Bird: It's been done and everybody is comfortable with it and I am. Nary: I am, too so, we just didn't put it where we normally have. Bird: It sounds like staff and legal is comfortable with it, so -- Nary: It's already been through the Planning and Zoning Commission, so -- De Weerd: Okay. Is there a motion to close the Public Hearing? Bird: So moved. Nary: Second. Meridian City Council Meeting May 13, 2003 Page 58 of 62 De Weerd: Okay. All those in favor say aye. Okay. MOTION CARRIED: ALL AYES De Weerd: I'll entertain a motion. Bird: Madam President, I move that we proceed with the reading of ordinance for the schedule of use control to allow churches in R-40, l-L, and C-G and for you to have the clerk read the ordinance by tile only and move it on. De Weerd: Okay. Mr. Clerk, if you will read our ordinance -- and I do need a title number or a number as well. Berg: Yes, Madam President. 03-1019. An Ordinance of the City of Meridian amending Section 1-B, Commercial, of Chapter 8, of Title 11 of the Meridian City Code to allow churches in additional zones and as a conditional use in the zoning schedule of use control ordinance, providing conflicts, validity, providing a savings clause, and providing an effective date. De Weerd: Okay. Ordinance 03-1019 has been read by tile only. Anyone in the audience who would like to have it read in its entirety? Thank you, Frank. Okay. It's been read and now we just are waiting for a motion. Nary: Madam President? De Weerd: Mr. Nary. Nary: I'd move the approval of Ordinance Number 03-1019, the Zoning Ordinance Amendment of Meridian City Code 11-8-1, Schedule of Use Control, to allow churches in R-40, I-L and C-G zones, with suspension of rules. Bird: Second. De Weerd: Okay. It's been moved to approve 03-1019 and all those -- oh, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: I think Mr. Nichols and Mr. Berg need to trade places. MOTION CARRIED: ALL AYES Item 17. Skate Park: De Weerd: Okay. Mr. Strong, if we could just have a discussion on the Skate Park. There has been -- I know your staff has dealt with a number of issues down there and in talking with Mr. Bird and the Mayor, we suggested some ways of looking at it as your Meridian City Council Meeting May 13, 2003 Page 59 of 62 staff and the Parks Commission are preparing the ordinance to deal with some of those issues and looking at some staffing help. Were you able to look into that in further detail? Strong: Madam President, Members of the Council, we have discussed the proposition of putting some supervision in the park. What that would look like, different ways that we could possibly do that, from going to a security company and getting like a security personnel to be there versus maybe working with the Police Department for a school resource officer that would be assigned a portion of the summer. Since they are -- when school's out, they are out of school and, typically, reassigned to other duty during the summer months. A number of ways to do that, we haven't come to any specific recommendation or resolution to how we would do that yet, what would be the most cost effective way to do it. Tomorrow night's Park Commission meeting we will discuss this issue some more. Captain Musser and I this week have done some preliminary work to the skate park ordinance and some working over, I guess, would be a term that we could say to the skate park rules and ways that those rules could be enforced and put in force by a resolution versus ordinance. As we are proceeding with the skate park ordinance, we want to make that fit in the overall Park Ordinance and rules for parks in general. The Skate Park Ordinance would be a part of a larger Park Ordinance and looking at City Code there is quite a lot of work that we need to do to make that happen, because of the way it's arranged right now. We are meeting again next week with, I believe, the woman's name is Alice Tate, who is an attorney that works with the City of Boise, maybe Mr. Nary's familiar with her. Her experience -- she does a lot of code work, so that we can make whatever we do enforceable. The Police Department could respond and either write citations, remove people, so forth. That's where we are at this point. I guess I would need some clarification of what I would need to bring back to Council for this staff position that's been discussed, to pursue that further, whether we need a recommendation for the type of individual that we would be looking and the cost and how you would like us to proceed with that. Bird: Madam President? De Weerd: Mr. Bird. Bird: Doug, I believe on the -- between the ordinance and resolution, I think you're going to have -- we are going to have to go with an ordinance, because a resolution is pretty hard to define penalties and stuff. That's -- if we are going to go out there and have a security person out there, we need to have some rules and some penalties and things in our ordinance to do it. I might be wrong on that, maybe a resolution you can, but it just seems to me that you got to have that in an ordinance form and I know we are working on it. Doug has jumped into this since he come on board and has really moved ahead with it and we have got to get something solved out there. I like your idea of a resource officer or something like this and we somehow or other, maybe between you and Elroy you can come up with a plan of how we can do this and the Police Department and see if we can't get it taken care and bring back. That's what I would prefer, to bring back before the Council. I know we are discussing it tomorrow night in Meridian City Council Meeting May 13,2003 Page 60 of 62 our Parks and Rec Meeting, so we need to get on it before the summer gets coming into us here and we have some major problems and I feel we are going to have a major problem out there if we don't. Nary: Madam President? De Weerd: Mr. Nary. Nary: Could we maybe have this discussion at Pre-Council like in a week or two? Bird: You bet we can. Nary: Because it seems to me like we have got a couple of options. I mean we can certainly look at what the cost would be for some overtime for the police to cover that right now, whether or not we want to have a staff person, you know especially hired to do this, whether or not to contract with Idaho Rangers or some other type of Security Company. Mr. Bird is right, I mean from an enforcement standpoint we need an ordinance, we don't -- a resolution isn't going to cut it if we are going to try to enforce it with police or security or however that's going to work, so we do need to have an ordinance. I think that we need to move on this in the next week or two to have that discussion, so we know exactly what we are doing and, then, get that put in place. Strong: It might be prudent for me to clarify what we have discussed as far as passing skate park rules by resolution that already in ordinance. Such things as trespassing are already in city ordinance. We would have -- we would have some new skate park rules that could be covered by existing City Ordinance. We need to put those rules in force that can already be referenced to City Ordinance, the way I understand it. We still -- what we want to do is take an overall Park Ordinance further and put it in place, so the skate park rules become a part of an overall park ordinance, if that clarifies it. De Weerd: So, Doug, are you suggesting that perhaps in the short term we can do the resolution, tying it to existing ordinances, and, then, to further clean it up, you're working on a more extensive ordinance for parks in general? Strong: Yes. De Weerd: That will also incorporate it? Okay. That sounds fair. I know we have budget discussions on the 27th. What do we have next week, Will, in Pre-Council? I know we haven't really discussed it, but what's on there already? Berg: Right now tentative, Madam President, we have a Valley Ride presentation, Blakeslee and Associates follow-up. That was a question mark, sewer easement policy for the Black Cat Trunk. That's all. We have a long list on the 2ih. De Weerd: Doug, will the 20th give you enough time? Meridian City Council Meeting May 13, 2003 Page 61 of 62 Strong: I think so. We can come back with a recommendation at that time. De Weerd: Okay. Well, good, well, we will discuss that at Pre-Council next week. I appreciate you looking into that, Doug. I know we just need to find something to start taking a little bit of control on those issues that are happening down there. Strong: Maybe just to take this one step further. With -- with park rules in place, they can be acted upon by maintenance staff in the parks, say if there is someone on the skate park with a bicycle or a scooter. If there is a fight that breaks out, they can, actually, call the Police Department, attempt to hold the people involved there until the police arrive, and take appropriate action. It doesn't require any kind of special training or anything like that or commission for department employees to actually enforce park rules, if I understand correctly. It takes us a little bit further than we are right now to just put park rules in place, so they can be enforced. Then, the Police Department can respond and, actually, take action and Captain Musser has found in existing city code where -- like the bicycle problem we are having right now can actually be covered under traffic code. He's found a way that if we have a problem with that, that we can actually cite an individual on the skate park with a bicycle right now, which is new information as of today, so the exploration into the City Code is helping us discover some things that we can do fairly quick. De Weerd: Well, good, thank you. One other thing that we will ask to be put on Pre- Council is discussion about garbage services. Nary: Do we need to meet earlier than 6:00? Bird: We need to start at 5:30. De Weerd: Most likely we will want to get an update from the attorney and see what we need to do in regards to our own ordinances and that sort of thing. Would next -- is next week going to be too soon, at least, for the initial conversation? Okay. Okay. Nary: We will probably need an executive session to follow up with that. De Weerd: And I guess some better sound equipment on your budget request. Nary: Mr. Bird is going to pay for that, so -- De Weerd: Okay. Council, I would -- is there any other further business in front of Council? Nary: I would move to adjourn. Bird: I would second. De Weerd: All those in favor say aye. Meridian City Council Meeting May 13, 2003 Page 62 of 62 De Weerd: All ayes. We close the meeting at 10:10 MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 10:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: (j; ." ."".-'~ ~JYc~ <..y"".. ____n___ ~ F J r-""" /'--t,;f~ " I '\.. '.... '. '/ ~,___.d<r4/..G,/'~~ ROBERT D. CORRIE, MAYOR ATTESTED: 6" 1:2-7 I t73 DATE ,/ ri BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REQUEST TO AMEND CONDITIONS OF ANNEXATION FOR BOISE PODIATRY BUILDING, LOCATED AT 1065 FAIRVIEW AVENUE, MERIDIAN, IDAHO BY: MARSHALL OGDEN, APPLICANT C/C 04/22/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-03-004 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO AMEND CONDITIONS OF ANNEXATION The above entitled matter coming on regularly for public hearing before the City Council on April 8,2003 and continued until April 22, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Marshall Ogden, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and the City Council having received testimony as part of the record ofthis matter, and the applicant having submitted his application for a request for approval to amend conditions of annexation for Boise Podiatry Building, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 8-2-5, and being fully advised in the FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 1 OF 9 premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at 1065 Fairview Avenue, Meridian, Idaho. 2. The applicant of the subject property is Marshall Ogden whose address is 7000 PIano Lane, Boise, Idaho 83703. 3. The owner of the subject property according to the records of Ada County is Dr. Marshall D. Ogden whose address is 7000 PIano Lane, Boise, Idaho 83703. 4. The location ofthe subject property is presently located in a C-G zone, and which subject property has the physical address of 1065 Fairview Avenue, and is located on the south side of Fairview Avenue, approximately 1/3 of a mile west of Locust Grove. 5. The legal description ofthe property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, Marshall Ogden, has requested modifications to the approved Findings of Fact and Conclusions of Law for the annexation of 1065 Fairview Avenue. Dr. Ogden is requesting that the requirements for improving the landscaping, constructing a sidewalk adjacent to Fairview Avenue and connecting to the City's sewer be postponed until a later date to accommodate the use of the property for retail sales in its current configuration. A small retail business, the Harvest House, would like the opportunity to use the existing building and improvements. If the applicant is required to comply with the aforementioned improvements at this time, the existing parking lot would be cut in half to accommodate new FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 2 OF9 landscaping, the sewer line would have to be brought over 400 feet from the south, and a new sidewalk will be required on Fairview Avenue that does not connect with any other sidewalk within 14 of a mile in either direction. The applicant is willing and able to accommodate the other requirements of the annexation Findings of Fact and Conclusions of Law including, among other things, the connection to City water service, striping of the parking lot and compliance with the Sign Ordinance. 7. This miscellaneous application is only to amend the approved Findings of Fact and Conclusions of Law for the annexation, and in particular relating to improvements in the landscaping, connecting to the City's sewer, and constructing a sidewalk adjacent to Fairview Avenue, in Case No. AZ-OI-OlO. 8. The properties surrounding the subject property are: North - The proposed Fairview Lakes development zoned C-G. South - Vacant land zoned R-IM (AdaCounty). East- Vacant land, zoned RI-M (Ada County). West - Kock-a-Doodles retail store zoned C-G. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for approval to amend conditions of annexation for Boise Podiatry Building for the annexation, Case No. AZ-OI-OIO, will not impose expense upon the public if the following conditions of approval are imposed: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 3 OF9 A. Adopt the Recommendations ofthe Planning and Zoning Department as shown herein below from the old language to the new modifications in the Annexation and Zoning Findings of Fact and Conclusions of Law in Case No. AZ-01-010, as follows: 1. Landscaoi/tfz: Item Number 16.3, Page 5 ofthe FFICL shall now read as follows: Existing landscaping ffiall- may be brought modified into conformance with tho adopted Landscape Ordinance. to conform with the intent and purpose of the Landscape Code Pursuant to MCC 12-13-18 (Alternative Compliance) if the future use of the property is a permitted use in the C-G zone and the building footprint is not expanded or modified. Modifications to the landscaping. This shaH may include additional trees as required and an irrigation system if there is not one provided on site. New construction on and/or the request for a conditional use permit or subdivision of the property will require complete conformance with the adopted Landscape Ordinance, in effect at the time of the new application. The revised condition of approval will allow staffto approve a new landscaping plan that meets the intent of the ordinance, but does not require complete compliance at this time. The landscaping for the subject property currently consists of a 6 Y2 foot wide strip of weeds and grass adjacent to Fairview Avenue, a 7 Y2 foot wide lava rock buffer on the west property line with one tree, and 9 Y2 foot wide buffer on the eastern property line with consisting of a weeds, grass and a lilac tree. Several new trees will be required in addition to the removal of the weeds from the buffers. 2. Sewer: Item Number 16.13, Page 6 of the FF/CL shall now read as follows: The applicant shall connect to all essential city services, including water ana sewef, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion ofthe existing structure or new construction on the subiect property will not be allowed unless sanitary sewer is brought to the site by the aOlJlicant. The proper sewer connection for the subject property is located in the stub street within Danbury Faire Subdivision, located approximately 450 feet to the south. The original condition of approval would have made connection to city sewer cost prohibitive. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXA TON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE40F9 3. Item Number 16.6, Page 5 will also need to be modified in the following manner: "Any existing domestic wells and/or septic system within this project shall be removed from their domestic service per City Ordinance..." Sidewalk: Items 16.4 and 16.11, Page 5 of the FFtCL require a 5 foot wide sidewalk to be installed adjacent to Fairview Avenue. Staff recommends deleting both conditions from the FF tCL. Presently there are no sidewalks the south side of Fairview within at least 14 mile of the subject property. Furthermore, upon receipt of a conditional use permit or a preliminary plat application, the City of Meridian will again have the opportunity to require the construction of the sidewalk. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. On June 20,2001, the District acted on AZOI-OlO. The conditions and requirements also apply to MMI03-004. When the District receives a development proposal for the site, the District intends to provide the below site specific and standards requirements, in addition to any additional requirements that may apply: Site Specific Requirements: 1. Dedicate 60-feet of right-of-way from the centerline ofFairview A venue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk should be constructed 2- feet FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXA TON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 5 OF9 within the new right-of-way. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 5. Locate driveways, in conformance with current District policy when future redevelopment occurs. 6. As required by District policy, restrictions on the width, mll11ber and locations of driveways, shall be placed on future development or redevelopment of this parcel. Standard Requirements: 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of the report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of$110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. Ifthe Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 6 OF9 building construction in accordance with Ordinance #193, also known as Ada County Highway District Road hnpact Fee Ordinance. 4. 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. 5. 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. 6. 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. 7. 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 wavier/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. 8. 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. CONCLUSIONS OF LAW 1. Approval of this request to amend conditions of annexation for Boise Podiatry Building located at 1065 Fairview Avenue, Meridian, Idaho, is based upon the information FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 7 OF9 provided by the applicant, staff comments, and testimony at the public hearing, and which amendments shall be made to the annexation findings for Case No. AZ-01-010. The applicant is required to comply with the conditions as stated in Findings of Fact No.9. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval to amend conditions of annexation for Boise Podiatry Building located at 1065 Fairview Avenue, Meridian, Idaho, and which amendments shall be made to the annexation findings for Case No. AZ-Ol- 010; and that the applicant shall be required to comply with all the above conditions and requirements in Findings of Fact No.9 of staff and/or governmental entities. By action of the City Council at its regular meeting held on the / :Jf!: day of mtl/1;j-' ,2003. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED ~tL- COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CORRIE VOTED FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXA TON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 -- PAGE 8 OF9 (TIE BREAKER) Attest: B~~~~ 9. City Clerk Dated: 5-(S"-tJ3 Z:\Work\M\Meridian\Meridian I 5360M\Bcise Podiatry Bldg MI 03 004\FfClsOrdMI-03'{)04.doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 9 OF9 BEFORE THE MERIDIAN CITY COUNCIL C/C 10-02-01 Revised C/C 4/22/03 IN THE MATTER OF THE ) APPLICATION OF MARSHAL ) OGDEN, BOISE PODIATRY ) BUILDING, THE APPLICATION ) FOR ANNEXATION AND ZONING ) OF .99 ACRES FOR THE ) PODIATRY BUILDING LOCATED ) AT 1065 EAST FAIRVIEW AVE., ) MERIDIAN, IDAHO ) ) Case No. AZ-0l-010 AMENDED 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 August 8, 2001, and re-noticed for September 4,2001 and continued until October 2,2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, 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. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 8, 2001, and re-noticed for September 4,2001 and continued until October 2, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 1 OF 14 or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 August 8, 2001, and re-noticed for September 4,2001 and continued until October 2,2001, 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 67-6511, 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 Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the hnpact Area Boundary. 4. The description of the property, which is the subject ofthe application for annexation and zoning, is attached as Appendix A, and by this reference is incorporated herein as if set forth in fulL 5. The property is approximately .99 acres in size and is located at 1065 East Fairview Ave., Meridian, Idaho. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-OI-OIO) PAGE 2 OF 14 6. The owner of record of the subject property is Marshal Ogden, Boise Podiatty Building, at 700 PIano Lane, Boise, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-l, and consists of a vacant medical office building. 9. The Applicant requests the property be zoned as C-G. 10. The subject property is bordered to the north by undeveloped land zoned RUT, to the south by a 4.11 acre parcel with single-family home and outbuilding, zoned RI-M, to the east by a single- family home, zoned R 1- M, and to the west by a small office building zoned C- 2, and the Daewoo car sales lot, zoned R-8 (this designation appears to be an error). 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: development as existing and/or other uses permitted in C-G zone. 14. The Applicant requests zoning of the subject real property as C-G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as MixedIPlanned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration ofthis application. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-OI-OIO) PAGE 3 OF 14 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: 16.1 All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 11-7-2 Q). 16.2 All parking stalls shall be striped in accordance with standards adopted by the City of Meridian and in compliance with the ADA. 16.3 Existing landscaping may be modified to conform with the intent and purpose of the Landscape Code pursuant to MCC 12-13-18 (Alternative Compliance) if the future use of the property is a permitted use in the C-G zone, and the building footprint is not expanded or modified. Modifications to the landscaping may include additional trees as required and an irrigation system ifthere is not one provided on site. New construction on and/or the request for a conditional use permit or subdivision ofthe property will require complete conformance with the adopted Landscape Ordinance. 16.4 All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 16.5 Any existing domestic wells within this project shall 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. 16.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.7 A drainage plan designed by a State of Idaho licensed architect or engineer is AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-OI-OIO) PAGE 4 OF 14 required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. All site drainage shall be contained and disposed of on-site. 16.8 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.9 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.11 The applicant shall connect to city water, prior to any uses on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. Adopt the Recommendations of the Ada County Highway District as follows: 16.12 Dedicate 60-feet ofright-of-way from the centerline ofFairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right- of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 16.13 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16.14 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be constructed 2-feet within the new right-of-way. 16.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387- 2516 or 378-6258 (with file number) for details. AMENDED FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING I (AZ-OI-01O) PAGE 5 OF 14 16.16 Locate driveways, in conformance with current District policy when future redevelopment occurs. 16.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development or redevelopment ofthis parcel. 16.18 Comply with all the Standard Requirements within the Ada County Highway District's letter dated June 20,2001. 17. 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. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-OI-OIO) PAGE 6 OF 14 which designates the subject property as Mixed/Planned Use Development. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made envirorunent while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns ofthe City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-OI-0I0) PAGE 7 OF 14 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. 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 "Comprehensive Plan, City of Meridian, adopted December 21, 1993, Drd. No. 629, January 4, 1994." 4. The following are found to be pertinent provisions ofthe City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 8 OF 14 and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents ofthe City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use ofland through the use of innovative and functional site design. 4.9 To encourage a balance ofland use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of General Retail and Service Commercial District (C-G) is defined in the Zoning Ordinance at. 11- 7 - 2 K as follows: (C-G) General Retail And Service Commercial District: The purpose ofthe C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review ofthe impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to use the existing development and/or other uses. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 9 OF 14 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. 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. 9. The development 0 f the property shall be subj ect to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner ofthe parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGtBY MARSHAL OGDEN, BOISE PODIATRY BUll..DING / (AZ-01-010) PAGE 10 OF 14 1. The applicant's request for annexation and zoning of approximately .99 acres to General Retail and Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of .99 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, 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. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and approval of development permits required for the development ofthis property, as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 11-7-2 Q). 3.2 All parking stalls shall be striped in accordance with standards adopted by the City of Meridian and in compliance with the ADA. 3.3 Existing landscaping may be modified to conform with the intent and purpose of the Landscape Code pursuant to MCC 12-13-18 (Alternative Compliance) if the future use of the property is a permitted use in the C-G zone, and the building footprint is not expanded or modified. Modifications to the landscaping may include additional trees as required and an irrigation system ifthere is not one provided on site. New construction on and/or the request for a conditional use permit or subdivision of the property will require complete conformance with the adopted Landscape Ordinance. 3.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-OI-0I0) PAGE 11 OF 14 crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.5 Any existing domestic wells within this project shall 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. 3.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off- street parking areas. All site drainage shall be contained and disposed of on-site. 3.8 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.9 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.10 All construction shall conform to the requirements ofthe Americans with Disabilities Act. 3.11 The applicant shall connect to city water, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. Adopt the Recommendations of the Ada County Highway District as follows: 3.12 Dedicate 60-feet of right-of-way from the centerline ofFairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right- of-way dedicated as an addition to existing right-of-way from available impact fee AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONINGfBY MARSHAL OGDEN, BOISE PODIATRY BUILDING I (AZ-OI-01O) PAGE 12 OF 14 revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3.13 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3.14 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be constructed 2-feet within the new right-of-way. 3.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387- 2516 or 378-6258 (with file number) for details. 3.16 Locate driveways, in conformance with current District policy when future redevelopment occurs. 3.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development or redevelopment ofthis parcel. 3.18 Comply with all the Standard Requirements within the Ada County Highway District's letter dated June 20,2001. 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 of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code. 11-7-2 K. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes ofthe official boundaries and zoning maps as provided in Meridian City Codl:] 11- 21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-OI-010) PAGE 13 OF 14 Pursuant to Idaho Cod~ 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I '1? 7l;:. d day of frLCL?-- ROLL CALL ,2003. COUNCILMAN WILLIAM L.M. NARY VOTED$4'-- VOTED$~ VOTED~ VOTED~t<-- COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS -- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5-/3-03 VOTED MOTION: APPROVED:L DISAPPROVED: ~ .\\\\\.\lllltlll.l!~ /~ \1\\ f ..l!E /11/ /' ,\\ ~\ 0 Wi ~Rl^ II, " A -... "VI. /" M. . ....~ 6-'" ~A <-;. a . ! ~cpf('.POR/j 1<'<-0 V \"jItJ:Y11n '1 de u:e.e HL .~ i ., ~c..try ~c9U/1-~ /;.~odev.-C ~ 8EilL : ;. "'c._ & ~ - ,-G OJ":- %"'<> 0:1r 1Si./-f g Copy served upon Applicant, the PI",1;,..,f<<i1o{'In m~~'artment, Public Works Department and . ......~.., ~UU"{l'i. ", the City Attorney. Illllli ,1 . \\1\\\' \\\\\1\11111'11111// HtHHH1\ ...\\ .....c: lllr.::b I" ~ ~'\,<"....{ VI ffl~IIlt>/. I.......... ..) -' "1. 'l . L . h--Pl-, n L 1'2 "2 $' v o~o~ 'r "'V ~ B . ~ /t;her 7'1 Dated: ;~v ;rtJ:/! .# "'0 % ity Clerk 3' SEAL i z:\ Work\M\Meridian\M eridian 1 5360M\Pa:l iatry Bldg AZO 1-0 1 O\Amended AZ FF CL per COU1~il mtg~;4 22 03.doc 0' :: ~ ~ ....~((... ,0 0 .:: AMENDED . ~ ~ ~Q/1t51. ~ j" FINDINGS OF FACT AND CONCLUSIONS OF LAW .~..........= OOl.lh>T'f . ~~\,...,~ AND DECISION AND ORDER GRANTING APPLICATION JiilJl{{~'H;I'tn\'\\\\\ FOR ANNEXATION AND ZONINGIBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 14 OF 14 1(; BEFORE THE MERIDIAN CITY COUNCIL C/C 04-22-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 14.31 ACRES ) FOR PROPOSED TIMBERF ALLS ) SUBDIVISION, LOCATED ON THE ) SOUTH SIDE OF USTICK ROAD, ) APPROXIMATELY 'l'2 MILE WEST ) OF LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) DAN WOOD, ) APPLICANT ) Case No. AZ-03-003 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 April 22,2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Planning Director for the Plmming and Zoning Department, and Shawn Nickel, 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 gg 67-6509 and 67-6511, and Meridian City Code gg 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE 1 OF 17 and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, is approximately 14.31 acres in size and is generally located on the south side of Us tick Road, approximately ~ mile west of Locust Grove Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Wanda Stewart, 2061 Stewart Way, Boise, Idaho 83716. Applicant is Dan Wood, 2025 E. Chateau Street, Meridian, Idaho 83642. 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). 7. The subject property is bordered to the nmih by Weaver Acres Subdivision and Patrick Subdivision, zoned Rl (Ada County), to the south by Finch Creek Subdivision, zoned R- 8, to the east by Granite Creek Subdivision, zoned R-8, and to the west by Bedford Place Subdivision, zoned R-8. 8. The Applicant proposes to develop the subject property in the following manner: Residential subdivision consisting of 50 building lots and 6 other lots. 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 Medium Density Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE 2 OF 17 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 January 29, 2003. 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 Meridian Planning & Zoning Department 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. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. OR Dedicate 38-feet of right-of-way from the centerline of Us tick Road abutting the parcel by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERF ALLS SUBDIVISION (AZ-03-003) PAGE 3 OF 17 means of a warranty deed and provide an easement for the sidewalk. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), iffunds are available. 2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct the main entrance, East Stormy Drive, to intersect with U stick Road approximately I IO-feet east of the west property line, as proposed. 4. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 5. Extend East Edgar Street from the west property line approximately 280-feet south of Us tick Road, as proposed. 6. Extend North Starling Way from the south property line approximately 300-feet east of the west property line, as proposed. 7. Extend East Sharptail Street from the east property line approximately 525-feet south of Us tick Road, as proposed. 8. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for the North Muledeer Place cul-de-sac. 9. Construct two knuckles throughout the subdivision, as proposed. Construct the island within the knuckle to be a minimum of 4-feet wide with a minimum area of 100- square feet and designed to safely channel traffic and maintain a minimum of a 29-foot street section. 10. Construct a center island within the East Stormy Drive right-of-way, as proposed. Provide a minimum of a 21-foot street section (measured from back-of-curb to back-of- curb) on either side of the island. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE 4 OF 17 11. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 12. Other than access points specifically approved with this application, direct lot access to Ustick Road is prohibited. Notes of the access restrictions are required on the final plat. 13. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing ilTigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE 5 OF 17 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. 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 llI-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 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 0[28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERF ALLS SUBDIVISION (AZ-03-003) PAGE 6 OF 17 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 D. Adopt the action of the Council taken at their April 22, 2003 meeting as follows: 1. For clarification, pertaining to the centrally located park, the applicant has agreed to pave pOliions of the pathways so that residents outside the area know the pathway is a useable pathway. 2. The applicant has agreed to restrict fence height to not more than four feet (solid) or six feet (open vision) for any yards abutting the open space or pathways. 13. It is found that the requested zoning designation, R -8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to be "Medium Density Residential", allowing 3-8 dwelling units per acre. The project has a gross density of 3.49 dwelling units per acre. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. IS. It is found that the proposed single-family residential development will be a permitted use within the requested R-8 zone. 16. It is found that the land to the west, south and east has already been developed in a manner similar to the proposed subdivision. The surrounding subdivisions are all zoned R-8. ACHD has reviewed and approved the proposed subdivision (with conditions). 17. It is found that the proposed use (single-family residential) is designed appropriately to match with the existing and intended character of the general vicinity. The proposed changes to the existing character of the area are in harmony with the intended future land use envisioned by the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE 7 OF 17 18. It is not anticipated that the proposed residential use 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 can be served adequately by all essential public facilities and services. Review of the ACHD and Fire Department's comments concerning this subdivision will provide further information regarding public services. 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 approach off of Us tick Road will create new traffic on surrounding roads. However, it is not believed that the subdivision entrance will cause significant interfer~nce 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. The Onweiler Lateral has been tiled along the southern boundary of the subject property. There is an existing 35-foot wide easement in favor of the Nampa & Meridian Irrigation District for the Onweiler Lateral. A small users lateral, is located on the west side of the subdivision, and will need to be tiled in accordance with MCC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TlMBERFALLS SUBDIVISION (AZ-03-003) PAGE 8 OF 17 24. It is found that the annexation of this property would be in the best interest of the City. The annexation of the subject property will eliminate a County enclave, and will allow the development of bare ground into an urban density, in compliance with the Comprehensive Plan. 25. It is found that ifthe developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character 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 S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERF ALLS SUBDIVISION (AZ-03-003) PAGE 9 OF 17 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 I through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose ofthe R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE]O OF 17 ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 14.31 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 14.31 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE 11 OF 17 the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48- feet of right-of-way from the centerline of U stick Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), iffunds are available. OR Dedicate 38-feet ofright-of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed and provide an easement for the sidewalk. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct the main entrance, East Stormy Drive, to intersect with U stick Road approximately lID-feet east of the west property line, as proposed. 4. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 5. Extend East Edgar Street from the west property line approximately 280-feet south of Ustick Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE 12 OF 17 6. Extend North Starling Way from the south property line approximately 300-feet east of the west property line, as proposed. 7. Extend East Sharptail Street from the east property line approximately 525-feet south of Us tick Road, as proposed. 8. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for the North Muledeer Place cul-de-sac. 9. Construct two knuckles throughout the subdivision, as proposed. Construct the island within the knuckle to be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic and maintain a minimum of a 29-foot street section. 10. Construct a center island within the East Stormy Drive right-of-way, as proposed. Provide a minimum of a 21-foot street section (measured from back-of-curb to back-of- curb) on either side of the island. 11. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 12. Other than access points specifically approved with this application, direct lot access to Ustick Road is prohibited. Notes ofthe access restrictions are required on the final plat. 13. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TlON AND ZONING TlMBERFALLS SUBDIVISION (AZ-03-003) PAGE 13 OF 17 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDNISION (AZ-03-003) PAGE 140F 17 C. Adopt the Recommendations ofthe 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 III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 D. Adopt the action of the Council taken at their April 22, 2003 meeting as follows: 1. For clarification, pertaining to the centrally located park, the applicant has agreed to pave portions of the pathways so that residents outside the area know the pathway is a useable pathway. 2. The applicant has agreed to restrict fence height to not more than four feet (solid) or six feet (open vision) for any yards abutting the open space or pathways. 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 of the application to (R-8) Medium Density Residential 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERF ALLS SUBDIVISION (AZ-03-003) PAGE 15 OF 17 engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 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 of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /:J..f6- day of Ih.a~ , 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ VOTED$a..- VOTED$a..- VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MA YOR ROBERT D. CORRIE (TIE BREAKER) DATED: !J-/3-P3 .----- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERFALLS SUBDIVISION (AZ-03-003) PAGE 16 OF 17 MOTION: APPROVED:~ DISAPPROVED: Attest: ~~ ~f'n.rn--~ de we ef-<<-., c//-y C'llt"lZ cd r/-e.t...'c(eRvC ByJ~~ ffi.t Cf Dated City Clerk SEAL William G. Berg, Jr., Cit lerk ~ 'l~ ,rf [ ~ - -Q(<<, .....''/ 0 ~ ~ '<). "r 1S1' ;..../ ...~ v':::: Copy served upon Applicant, the Pl~~pnazo.nirfg'gepartment, Public Works Department and h C. /111 vUNT1' ,'\' te Ity Attorney. 1IIItw .IIUH'" .,,,\\I1I1IIf1I( dHI \\\\_ 111I1 ,,\ ~l Of Mi:;A'i'l" II,.. ..' '" '\ .r,'..I..Y /... ~ _'- ' ",4 .;. .;:.~ U. O~?O~ . "I"z" -::. ... ___0 "1(, -;:. $: ~ () ";. 5-13-~fl3 i '% i: SEliL I ::: ~ #')0 .ff ";'-.1'...... v.s],~,\, /.'i::.$ ~ .~, . v . :\~-~ .$" ~ C' ~ ..." "''', OlJr,rr'{, ".... 1111 '. 0" ,\'1. lJiJf1tHIHH\\\\ Z:\Work\M\Meridian\Meridian I 5360M\Timberfalls Sub AZ 03003 PP 03 002Y\ZFfCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIMBERF ALLS SUBDIVISION (AZ-03-003) PAGE 17 OF 17 ']f BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TIMBERFALLS SUBDIVISION FOR 50 BUILDING LOTS AND 6 OTHER LOTS ON 14.31 ACRES LOCATED ON THE SOUTH SIDE OF USTICK ROAD, APPROXIMATELY % MILE WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: DAN WOOD, APPLICANT C/C 04/22/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-002 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 April 22, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Shawn Nickel, appeared and testified, and the City Council having received a report from Steve Siddoway Planner II, David McKinnon Planner II and Sonya Allen Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part ofthe record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "TIMBERFALLS SUBDIVISION PRELIMINARY PLAT, A PORTION OF SECTION 6, T.3N., R.2E., BM, E. USTICK ROAD, TIMBERFALLS SUBDIVISION, PRELIMINARY PLAT, DATE: 12/16/02, REVISED: 2/24/03 AND HANDWRITTEN DATE: FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDMSION / (pP-03-002) PAGE 1 OF 13 3/10/03, STAMPED DATE: RECENED MAR 10 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 1, C:\DANWOOD\WOODPRE.DWG, WANDA STEWART- OWNERlDEVELOPER, PLANNER/CONTACT - SHAWN L. NICKEL, JOHNSON ENGINEERING", Dan Wood, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 DJ 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 if the 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 TIMBERF ALLS SUBDIVISION / (pP-02-025) PAGE 2 OF 13 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician ill, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development 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 of this approval drawing of the preliminary plat herein designated as: "TIMBERFALLS SUBDIVISION PRELIMINARY PLAT, A PORTION OF SECTION 6, T.3N., R.2E., BM, E. USTICK ROAD, TIMBERFALLS SUBDIVISION, PRELIMINARY PLAT, DATE: 12/16/02, REVISED: 2/24/03 AND HANDWRITTEN DATE: 3/10/03, STAMPED DATE: RECEIVED MAR 102003 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 1, C:\DANWOOD\WOODPRE.DWG, WANDA STEW ART - OWNER/DEVELOPER, PLANNER/CONTACT - SHAWN L. NICKEL, JOHNSON ENGINEERING". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDIVISION / (pP-02-025) PAGE 3 OF 13 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 ofthe applicant as evidenced by "TIMBERF ALLS SUBDIVISION PRELIMINARY PLAT, A PORTION OF SECTION 6, T.3N., R.2E., BM, E. US TICK ROAD, TIMBERFALLS SUBDIVISION, PRELIMINARY PLAT, DATE: 12/16/02, REVISED: 2/24/03 AND HANDWRITTEN DATE: 3/10/03, STAMPED DATE: RECEIVED MAR 10 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 1, C:\DANWOOD\WOODPRE.DWG, WANDA STEWART - OWNERJDEVELOPER, PLANNER/CONTACT - SHAWN L. NICKEL, JOHNSON ENGINEERING", Dan Wood, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission) as follows: SITE SPECIFIC CONDITIONS OF APPROVAL PRELIMINARY PLAT 1. Sanitary sewer service to this site shall be via main line extensions from mains installed in the adjacent properties. 2. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. 3. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDNISION I (pP-02-025) PAGE 4 OF 13 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. 4. A detailed fencing plan shall be submitted upon application of the final plat. Permanent perimeter fencing shall be required around the subdivision unless the City agrees in writing that such a fence is not required. 5. A variance shall be submitted by the applicant to allow blocks within the subdivision to exceed the maximum and minimum block lengths required by MCC 12-4-5. If the City Council denies the variance request, the preliminary plat will need to be revised and remanded back to the Planning and Zoning Commission for additional review. 6. A revised landscape plan shall be submitted with the Final Plat application. 7. The applicant has provided a letter stating preliminary approval from NMID that will allow the developer to encroach into the 35' wide easement with fencing for the backyards of Lots 1-6, Block 5 and Lots 4-6 of Block 4. If a license agreement between the applicant and NMID is finalized the back (south) lot lines shall be set at the encroachment line, with the remaining portion of the easement in a common lot to be owned and maintained by either the HOA or the Irrigation District. If a license agreement is not obtained from NMID, the lots will need to be re-configured and a 35' wide common lot within the easement will need to be created. 8. The waterway adjacent to the western boundary of the subject property must be tiled per MCC 12-4-13. 9. Construct hard-surfaced pathways, a minimum of one lot in depth, leading into the open common lot (Lot 6, Block 3). In the following locations; the northern boundary of Lot 1, Block 3; between Lots 5 & 7, Block 3; between Lots 11 & 12, Block 3 and between Lots 15 & 16, Block 3. These pathways are not required to be incompliance with landscaping and fencing requirement s ofMCC 12-13-15 (Micro-path Landscaping). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMlNARY PLAT TIMBERF ALLS SUBDIVISION / (PP-02-025) PAGE 5 OF 13 10. Fencing adjacent to the central open space lot (Lot 6, Block 3) is to be no more than 4' in height if solid material is used, with the allowance of a 2' lattice to be placed on top of the fence, or 6' tall if the fence is constructed of an 0 pen vision materiaL A note shall b e added to the face of the plat reflecting the fencing requirement adjacent to Lot 6, Block 3. 11. Submit all updated groundwater study data for review by the Public Works Department. 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. 12. 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. 13. If the maintenance of any common lots within the subdivision is to be the responsibility of anyone other than the HOA, a note shall be added to the face of the plat indicating who the responsible party shall be. Written documentation of acceptance of the maintenance ofthe common lot(s) from the responsible party (if other than the HOA), shall be submitted to the City with the final plat application. GENERAL COMMENTS 1. Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Warks 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. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 5. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDNISION / (pP-02-025) PAGE 6 OF 13 streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal 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. 6. All irrigation ditches, laterals or canals, exclusive of natural watelWays, 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. 7. 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 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 8. 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 oftrees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. 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. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. B. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDMSION / (pP-02-025) PAGE 7 OF 13 Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. OR Dedicate 38-feet of right-of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed and provide an easement for the sidewalk. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiaL The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Construct a 5-foot concrete sidewalk located 2-feet within the new right- of-way. lfthe sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct the main entrance, East Stormy Drive, to intersect with Ustick Road approximately 110- feet east of the west property line, as proposed. 4. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 5. Extend East Edgar Street from the west property line approximately 280- feet south of Us tick Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDIVISION / (PP-02-025) PAGE 8 OF 13 6. Extend North Starling Way from the south property line approximately 300-feet east of the west property line, as proposed. 7. Extend East Sharptail Street from the east property line approximately 525-feet south of Us tick Road, as proposed. 8. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum tuming radius of 45-feet for the North Muledeer Place cul- de-sac. 9. Construct two knuckles throughout the subdivision, as proposed. Construct the island within the knuckle to be a minimum of 4- feet wide with a minimum area of 100-square feet and designed to safely channel traffic and maintain a minimum of a 29-foot street section. 10. Construct a center island within the East Stormy Drive right-of-way, as proposed. Provide a minimum ofa 21-foot street section (measured from back- of-curb to back-of-curb) on either side of the island. 11. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 12. Other than access points specifically approved with this application, direct lot access to Ustick Road is prohibited. Notes of the access restrictions are required on the final plat. 13. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing inigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDIVISION I (pP-02-025) PAGE 9 OF 13 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. Payrnent of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDIVISION / (pP-02-025) PAGE 10 OF 13 waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill- A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. The District's Stokesberry Lateral courses along the south boundary of the project. The easement of the Stokesberry Lateral must be protected and all storm drainage must be retained on site. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDIVISION / (PP-02-025) PAGE 11 OF 13 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-offis 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 action of the Council taken at their April 22, 2003 meeting as follows: 1. For clarification, pertaining to the centrally located park, the applicant has agreed to pave portions of the pathways so that residents outside the area know the pathway is a useable pathway. 2. The applicant has agreed to restrict fence height to not more than four feet (solid) or six feet (open vision) for any yards abutting the open space or pathways. By action of the City Council at its regular meeting held on the I :JI/'" day of lJ7..a?"" ' 2003. ROLL CALL COUNCILMAN BlRD VOTED$'-- COUNCILWOMANdeWEERD VOTED ~ COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERF ALLS SUBDNISION I (pP-02-025) PAGE 12 OF 13 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED --- Attest: Tal. 1?1, de tueeftf6 u~. \\ ~lJJ1J~jJ/-efi?telvl- ,,\\ .....c UJ:'6'::' 11/ ,....' v' ~--.r 1I01 "..." .." _<5- . ',1..- ~ t.:i v ;;po??OFf"'l f(i;~' y' '\ .... ~ ~ ~ ~ ... f.:ir.::'A T -: ~ UL' .A.J :: !::.., ~l"J'J ~ ~ ~ ~.:: ,..., Q. ,ql 0 - , ';"'0... V 7; ~. // ~ ~ . \\\1111111101, Copy served upon ApplIcant, The Pla~.l~ a ~n:!!~ep~ment, PublIc W-o'fK5ru:: IUI-lcl !/llli '-': C. '-'\.... ,....' " ..(->{ vr "'lCqiD 1).. Department and City Attorney. ~~IIII OU?H'{, \\\\' ~" r:}"'" l41 "1, IlfllJhtrlH\I\\\\ ;!:' ..cP'RpoFf.1/,: ''''y-:'.-::, :::: ~ <0-:!- Dated'. C.-I? -,tJ J Q'D1 ~L ~ :J .? _ ~,i:tl'1. _ .. ~ ~ ~ ~ ~ -' '-(;I. ~rf? ::: ~ rd '-'oS' " 0 .... ~ .~ r 151 ' X" $' ~1-. ':Af t'\- . <'\ ~ " ;(""/. .....Vl "',IT" ":v \,...~ "I,. OJh l'.~' \,\ IlhNHt ntH\\\\\ ByJ~A~r; City Clerk Z:\Work\M\Meridian\Meridian I 5360M\Timberfalls Sub AZ 03 003 PP 03 002\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIMBERFALLS SUBDIVISION I (pP-02~025) PAGE 13 OF 13 BEFORE THE MERIDIAN CITY COUNCIL ~G IN THE MATTER OF THE ) APPLICATION OF DAN WOOD, TO ) VARIANCE TO SECTION 12-4-5 OF ) THE MCC REQUIRING BLOCKS TO ) BE NOT LESS THAN 400 FEET AND ) NOT MORE THAN 1,000 FEET IN ) LENGTH IN THE PROPOSED ) TIMBERFALLS SUBDIVISION, ) LOCATED SOUTH OF EAST ) USTICK ROAD AND WEST OF ) NORTH LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) CIC 04/22/03 V AR-03-011 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 April 22, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Shawn Nickel, 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 ofthe City of Meridian 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 GRANTING A VARIANCE I DAN WOOD I TIMBERF ALLS SUBDIVISION 1 V AR-03-0 11 PAGE 1 OF 8 Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code ~~ 67-6509, 6516 and Meridian City Code ~~ 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Dan Wood, whose address is 2025 E. Chateau Street, Meridian, Idaho 83642. 4. The owner of the property is WandaL. Stewart, whose address is 2061 Stewart Way, Boise, Idaho 83716. 5. The location ofthe subject property is presently located on the south side ofE. Ustick and west of North Locust Grove, Meridian, Idaho within a present RT zone, with an R-8 requested. 6. The legal description ofthe 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 manner: 50 building lots and 6 other lots. 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 district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, S 12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, which provides as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / DAN WOOD / TIMBERF ALLS SUBDMSION / V AR-03-0 11 PAGE 2 OF 8 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. 11. All property owners within three hundred feet (300') 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 ofthe subject property which prevent compliance with the requirements of the ordinance are that the existing subdivisions, Bedford Place Subdivision to the west, Granite Creek Subdivision to the east, and Finch Creek Subdivision to the south, lock in the locations of the stub streets along the west, east, and south property lines. The South Slough exists along the southern boundary of the project. The applicant has provided a total of three (3) stub streets to the properties surrounding the proposed Timberfalls Subdivision (1 to the west, 1 to the east, and 1 to the south). It is found that requiring additional stubs and lor cOlmections would not be reasonable or practical. It is also found that the smaller block lengths will provide enhanced internal circulation and connectivity within the subdivision. Requiring the applicant to increase block lengths would not benefit the city or future residents. Block 1 of the proposed Timberfalls Subdivision is shorter than the 500-foot minimum block length. Block 2 exceeds the 1,000-foot maximum block length. The applicant has stated in their application that the hardship that exists with this property that would enable the applicant from complying with the requirements of the ordinance is a result of the design ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I DAN WOOD I TIMBERF ALLS SUBDNISION I V AR-03-0 11 PAGE 3 OF 8 development with relationship to existing natural topographic constraints, and previously approved developments on adjacent property. Block 2 is located along Ustick Road and is bordered by an existing stub street from the Granite Creek Subdivision to the east and main entrance into Timberfalls. With the future park area designed in a central location and because of the existing stub street location, the breaking up of this block with a street is not practical with this design. Block 1 has the same constraint that is a result of the existing stub street from Bedford Place Subdivision to the west and the proposed entrance road to Timberfalls. As a result, Block 1 cannot meet the current minimum 500 feet requirement. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that as noted above in Finding number 12, but it is also 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, and the location of the South Slough, 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 MCC. 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 noted in the above Findings numbers12 and 13. 15. The granting ofthe requested 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 the variance(s) to the 1,000-foot maximum block FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / DAN WOOD / TIMBERFALLS SUBDIVISION /VAR~03-011 PAGE 4 OF 8 length and the SOD-foot minimum block length within the proposed Timberfalls Subdivision do not have the effect of altering the purpose and interest of the Zoning Ordinance. This is based on the provision of additional internal micropath connections, which provide increased interconnectivity within the subdivision and existing circumstances created by previously approved stub street locations, the South Slough location and compliance with ACHD requirements. 17. 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. 18. The applicant paid the fee established by the City Council for application variance. 19. The applicant shall be required to comply with the conditions and requirements of the Nampa & Meridian Irrigation District listed in their letter dated April 9, 2003, and wherein the applicant shall also be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-03-003 and PP-03-002, for the Burney Glen 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 S 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 S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / DAN WOOD I TIMBERFALLS SUBDIVISION / V AR-03-011 PAGE 5 OF 8 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application ofthe 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 ofthe 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, S 12-4-5, BLOCKS, and in theR-8 zone, ifgranted there-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 / DAN WOOD / TIMBERF ALLS SUBDIVISION / V AR-03~O 11 PAGE 6 OF 8 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 to Section 12-4-5 of the MCC requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Timberfalls Subdivision. Block 1 is hereby allowed to be shorter than the 500 foot minimum block length, and Block 2 is hereby allowed to exceed the 1,000 foot maximum block length for Timberfalls Subdivision in the R-8 zone. Additionally, the applicant shall be required to comply with the conditions and requirements of the Nampa & Meridian Irrigation District listed in their letter dated April 9, 2003, and wherein the applicant shall be required to comply with the conditions and requirements ofthe corresponding applications in this matter, Cases AZ-03-003 and PP~03-002, for the Timberfalls Subdivision 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 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 Zone as provided in the Section 12- 4-5 and may within twenty-eight (28) days after the date ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /31.6 day of /hltf FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / DAN WOOD / TIMBERFALLS SUBDIVISION / V AR-03-011 PAGE 7 OF 8 ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED$tL- VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILMAN WM. L. M. NARY VOTED~ VOTED*'-' COUNCILWOMAN CHERIE McCANDLESS ----. MAYOR ROBERT D. CORRIE (TIE BREAKER) C _I ~ -67 3 DATED: .-J - d VOTED MOTION: APPROVED: 'f DISAPPROVED: Attest: .~~. ..~ \\\llllllltr/J/ ~.. d .. ~ . ,\\\\ rJ:; U4::"...../1111 4V/ e Wee \." ..J. V1 n"'-ll'/j). :h ..., v - /l ~,.;::. ~. . '-'(.1'r~ COw-n vd rre.f It:--{e-;.-v{- $' (j cp'i"POR41; ~v ~ S ~ <OJ ~ ~ - ~ - - :::: . . . n -.:-:~ ~, "' :: Wilham G. Berg, If., CIty erk _ 01'~d'iitJ := ~? ~~! = ~ Gt ,<.,~).. / ::: ~ ,..j) ./ .... Copy se~ed upon Applicant, the Plann~ ~~~~pa,~$1t, Public Works Department, and the CIty Attorney office. '<'{>"',I:~ 00> ..~1;; ,...~ \\\\\lltIIlJt//11I1 II1I . UNli ' . \\,... \\\\ Of ~ Ilf 1l1ltfltH Ifl\l\\"\ ,,\.\..:-{ .f'/). 11,,/ .,:,.' _\.."\ "-'Y"q /. ~ V. r.o'fl'POR4... ',1<-....:;. '" ~\.I 'f:; ,. Dated: 5-/3--05 f ~ 0 \ ~ = ~"7. <')..... ~ <~ c:: -;;'"1.: ~~I "CfJ 0 " ~ ~ St 151 . X' $ ~4f ~ ~ i>'......, 00/ u,tT'V -s> "v' FI, V1\lI-.\' ......\ llt/j1tHf flH\\\\\.\ Bydl~R~9 City Clerk Z:\Work\M\Meridian\Meridian I 5360M\Timberfalls Sub AZ03 003 PP 03 002\FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V ARJANCE I DAN WOOD / TlMBERFALLS SUBDNISION / V AR-03-011 PAGE80F8 "itA BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/22/03 IN THE MATTER OF THE ) REQUEST FOR REQUEST FOR AN ) AMENDMENT TO RECORDED ) DEVELOPMENT AGREEMENT ) FOR 2.88 ACRES, LOCATED ON ) WEST CHERRY LANE, ) IMMEDIA TEL Y SOUTH OF ) DEVLIN PLACE SUBDIVISION NO. ) 2, MERIDIAN, IDAHO ) ) ) BY: OAKWOOD ENTERPRISES, ) LLC, ) ) APPLICANT ) ) CASE NO. MI-03-005 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT The above entitlea matter coming on regularly for public hearing before the City Council on April 22, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson City Engineer, and Cornell Larson, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted his application for a request for an amendment to recorded FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRlSES, LLC FOR MI-03-005 PAGE] OF 8 Development Agreement, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located on the nOlih side of Cherry Lane, approximately y.; of a mile east of Ten Mile Road, Meridian, Idaho. 2. The applicant of the subject propeliy is Oakwood Enterprises, LLC whose address is 114 E. Idaho Ave., Meridian, Idaho 83642. 3. The owner of the subj ect property is Oakwood Enterprises, LLC, managed by Heartland Townhomes Property Management, LLC, whose address is 114 E. Idaho Ave., Meridian, Idaho 83642. 4. The location of the subject property is presently located in an L-O zone, and the applicant proposes to consider the property as straight L-O zoning, to be developed under the current ordinances. 5. The legal description of the propeliy is on tile in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, Oakwood Enterprises, LLC, has requested a second amendment to the Development Agreement governing development of the property on W. Cherry Lane, immediately south of Devlin Place Subdivision No.2. The original Development Agreement FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC FOR MI.03-005 PAGE 2 OF 8 (Instrument No. 98031450), recorded on April 6, 1998 between the City of Meridian and D.D. & F., pertained to a total of24.88 acres. The original Development Agreement was entered into at the time Devlin Place Subdivision No.1 was annexed and platted. The Development Agreement allowed for the construction of Devlin Place Subdivision, an assisted living facility and a public park. Subsequently, the fit 3t Addendum to the Development Agreement, entered into between the City of Meridian and Dan W ood/D. W. Inc. in May 2001, allowed for the construction of Devlin Place No.2 and revoked the requirement for a Conditional Use Permit on the 5.17 acres of the subdivision. 7. This miscellaneous application is for an amendment to the recorded Development Agreement (Instrument No. 98031450) for 2.88 acres. The applicant agrees to the majority of the existing terms and conditions in all three Development Agreement documents, original Development Agreement, Exhibit "B", and the First Addendum. However, the applicant desires to have the Second Addendum clarify and/or strike several paragraphs within the three documents. 8. The subject application, pertaining to the balance ofthe original 24.88 parcel (2.88 acres), proposes to amend several sections of the original Development Agreement, Exhibit "B", and sections within the First Addendum. The property owner is no longer D.D. & F., the original party to the agreement. The remnant parcel has changed interests a couple oftimes and is now owned by Oakwood Enterprises, LLC, as evidenced by the Warranty Deed submitted with the application, dated September 2002, and which is on file at the Meridian City's Clerk's office. The applicant intends to subdivide the 2.88 acre parcel and construct five (5) single story medical FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES FOR CHERRY LANE PROJECT BY; OAKWOOD ENTERPRISES, LLC FOR MI-03-005 PAGE 3 OF 8 office buildings. The applicant included a conceptual Site Plan for the City's information. However, the application does not propose to include the Site Plan or uses in the terms. It proposes to consider the property as straight L-O zoning, to be development under current ordinances. No specific use was submitted with the applicant's application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for an amendment to recorded Development Agreement the project will not impose expense upon the public if the following conditions of approval are imposed, additionally all below requirements shall be incorporated into the Second Addendum for this project: A. Adopt the Recommendations of the Planning and Zoning Department, and which revisions shall be incorporated in final into the Second Addendum, and below said revisions are detailed by staff, as follows: 1. The following conditions are struck in their entirety: 2.a., 2.b., 2.c., 2.e. and 3. 2. The following conditions to the proposed Exhibit "B" are struck in their entirety, or as addressed in the parenthesis: 20, 21, 22, and 26 - (Only those representations that peliain to property not owned by Oakwood Enterprises, LLC shall be struck, any representations that apply to the Oakwood property and are applicable to an L-O project shall remain in effect.) 3. The following conditions to the First Addendum Amendments are struck in their entirety as follows: 2. (pg. 1) - Conditions pertaining to the development of Dev lin Place FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC FOR MI-03-005 PAGE40F8 No.2. 1.3 The existing CUP must be revoked and permit holder (D.D. & F.) to be notified. . . 1.9 - 1.12 These four conditions peliain to ACHD's conditions for roadways internal to Devlin Subdivision. B. Adopt the Recommendations of Settlers' Irrigation District as follows: I. The District requires Settlers Canal and easement to be protected near the southern boundary ofthe proposed development along Cherry Lane. C. Adopt the Recommendations ofthe Ada County Highway District from their April 7, 2003 letter as follows: 1. If the Site Plan or use should change in the future, ACHD will review the Site Plan and may require improvements to the transportation system at that time. 2. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD. In addition to any costs associated with a permit or license agreement, a roadway impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. 3. In accordance with ACHD's standard requirements, the applicant shall: ./ Meet District drainage requirements, ./ Replace or repair any damaged curb, gutter and sidewalk (as determined by Construction Services), ./ Bear all costs for the relocation of utilities associated with improving street frontages, ,/ Contact the District's Utility Coordinate or Construction Services Department in regard to all utility street cuts to determine if the pavement is less than five years old. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC FOR MI-03-005 PAGES OF8 D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix ill-A. Show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All comers will have to have 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. final approval of fire hydrant locations shall by the Fire Department. 6. All fire lanes shall have a 20' wide unobstructed driving surface. UFC 902.2.1 7. Provide an approved turn around for any street which exceeds 150' in length. 8. 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' apmi. 1997 UFC Appendix III-A 9. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4.2 & 90L3 10. The roadways shall be built to Ada County Highway Standards and have a back-to-back measurement of 36'. UFC 902.2.1 1 L All radii shall be 28' inside and 48' outside radius. CONCLUSIONS OF LAW ] . Approval ofthis request to allow an amendment to recorded Development Agreement for 2.88 acres, is based upon the information provided by the applicant, staff comments and testimony at the public hem-ing on April 22, 2003, and which subject property is FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC FOR MI-03-005 PAGE 6 OF 8 located on West Cherry Lane, immediately south of Devlin Place Subdivision No.2, Meridian, Idaho. The applicant is required to comply with the conditions as stated in Findings of Fact No. 9. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval to an amendment to recorded Development Agreement for 2.88 acres, located on West Cherry Lane, immediately south of Devlin Place Subdivision No.2, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff and/or governmental entities. to"'.? -II-. By action of the City Council at its regular meeting held on the fa-';'- day of IJ7 tl:f ,2003. ROLL CALL COUNCILMAN NARY VOTED ~ VOTED$Z- VOTED$c<- VOTED$#L COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCIL WOMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC FOR MI-03-005 PAGE 7 OF 8 Attest: ~ ~ ~~, . > .~ \\\\\\IIlIl."'I:%~:<<"n i 7itfnM J de /deu.z- \,\ c: 18.1" I ...", oJ o. H/u::RI/)" ".1/ " ~ -. ''''1 'l ~... r;} X\PoP. ~ ~ ~ _,<;.P . "'l f'"(: -:::. s: ~ (.l::. ~ - ~ - = ~ - = By,d/&a~~~C) City Clerk Dated; ~ -/3 -03 Z:\Work\M\Meridian\Meridian I 5360M'Chcrry Lane Project MI 03 005IFfClsOrdMI-03-005.doc ::- ... :: ! ~ .!'J ~. ~-Qu.s '\~ ::..':: ~ ~ .,. 151 . _P :;::::: ~.., ~ ,!?-",. ...,'" .........,/ -UllNTY \'0 """ 1111 . . \\' Il;iitr trlnH\\\ FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC FOR MI-03-005 PAGE 8 OF 8 May 9, 2003 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department May 13, 2003 ITEM NO. l.\-l-A REQUEST Request for Sewer and Water Latecomers Agreement for Lochsa Falls Subdivision by Farwest. LLC. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE OEPT: CITY BUILDING OEPT: CITY WATER OEPT: CITY SEWER DEPT: CITY PARKS OEPT: 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 Letter from Justin Martin of Farwest, LtC. Contacted: FQA u...re sf Date: 5 - q --03 Phone: 3~- D {'8 9 Materials presented at public meetings shall become property of the City of Meridian. ~ ~ d Y IIf"'- J.; if fL rJ fJ-- ~ tJ/ff / ~ {AIr , t:/'cr/Y-IJ-(;&; $!tJ ( ( April 11 ) 2003 City of Meridian Attention: Will Berg 33 E. Idaho SL 11eridian,DD.83642 RECEIVED APR 1 1 2003 City of Meridian. City Clerk Office Dear Will, I am requesting a sewer and water latecomer's agreement for Lochsa Falls. On April 10, 2003 I submitted our draft agreements to Bruce FreckJeton. If there is anything else 1 need to do or submit please notify me at your earliest convenience. Sincerely, Justin Martin 1010'7., I;' W"Wukll !l.r(t,,~, dk. I(J$ ,(.$"",'c, .9iIa;.4() d'J/7/1 (~'J,Y) .~\:IW-oI4J9 .:7a~ (20dj876:;;04/ APR 11 '03 14:29 2083762041 PAGE. 01 >!OK TX CONF [RMAT/ ..... REPORT ** DATE TIME TO/FROM 132 134/1609:10 PUBLIC WORKS AS OF APR 16 '~9: 113 PAGE. 01 CITY OF MERlD1AN MODE MIN/SEC PGS CMD~ STATUS UF--S 1313' 11" 13131 1375 OK --------~-------------------------------------------------------------------------~--------- 97a/YlredY;' -?Ztty.. Aprilll,2003 City of Meridian Attention: Will Berg 33 E. Idaho $1. Meridian, ro. 83642 Dear Will, RECEIVED APR 1 4 2003 . City of Meridian City Clerk Office I am reqlicsti..g a sewer and wa:.i.;~~.-Comor's agreement for Lochsa falis. On Aprill 0, 2003 r submitted our draft agreement.<; tn 'Rn,,,.. to'........L-1,ton. Ifthere is anything else I n - -1- 16- () 3 :>nveniencc. s; &-~ Ju td~ cLo i#~ Iv ~v-.- p~ fJv 'r ~ (fUPv 2 a~Ivd~, ~ , ~. ~ /1.-& 1'1 z..- ~ r(J ; i I I I ~v.---- k I f rv 1htJ If'- 2 ~~~ ~ - "-1~'7. 1;" !/.i""rf/~..., .(~,<.... ,j;c. IO:} .e1/,,,..,,. .0hll'" ,ltY71t (2(1,r; dIM.OI',~'Y ..i'(,.... r.'O.J'j.97(j;SWfl !k1W&L;'#(] ,(~-.. /.. r ;c. April 11, 2003 RECEIVED APR 1 4 2003 City of Meridian Attention: Will Berg 33 E. Idaho St. Meridian,UD.83642 City of Meridian City Clerk Office Dear Will, I fu"'ll requesting a sewer and Wii.~,,~~omer's agreement for Lochsa Falls. On April 10, 2003 I submitted our draft agreements to Bruce Freckleton. If there is anything else I need to do or submit please notifY me at your earliest convenience. Sincerely, Justin Martin 446'7. I:' 9Jre,uhw SlYol.'e, <fie. /02 {110{~'e, g;/aho ,1~~714 (200J 36'<1'-0I<f9 .SiY"./:, (200J37622041 ** TX CONFIRM.' 1N REPORT ** AS OF APR 14 '(,9:19 PAGE. 1211 CITY OF MERIDIAN l2l1 02 103 DATE TIME TO/FROM 04/14 08:08 12084664405 1214/14 09:109 212188886854 104/14 08:19 PUBLIC WORKS MODE EC--S EC--S ----5 MIWSEC PGS 00' 18" 01211 010'17" 001 00'010" 0010 CMDJ:l 1346 046 046 STATUS OK OK BUSY ---------------------------------------~-------------------------------------------~-------- ~v....... _'IIo,l'~I~ ~ U I :/I " J. 'L I L,........ I~O.UlJJ~ 1'. I /Yt:rf-UJiw;f?(] April 11 > 2003 RECEIVED APR t 1 2003 City of Meridian AUention: Will Berg 33 E.Idaho St ~eridian,D).83642 City of Meridian City Clerk Offioe. Dear Will, I am requesting a sewer and water latecomer's agreement for Loc:hsa Falls. On Aprill O. 2003 I submitted our draft agreem.ents to Brw::e Frecklelan. Inhere is anything else 1 need to do or submit please notify me at your earliest convenience. Sincerely, Justin Martin t?<Y7..~" !:O....'kn gy...,.... .N", /(J:] ,(I{..m, .'7dai" !!Inl1 (~("Y) .M\I~tII<I'9 .-7= (2fld;M7'(,:M4/ APR 11 '03 14:29 2083762El41 PAGE. 01 ** TX CONF I RMAT' ' , REPORT ** AS OF APR 14 'e{q t:23 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 06 04/14 11:23 PUBLIC WORKS MODE MIN/SEC PGS CMD~ STATUS UF--S 00'10" 001 049 OK -------------------------------------------------------------------------------------------- ".,, II. 'vv~ ,. l~rm rdlWHL,l.lI.. No.0033 p, I /:Yaft./H4!; ~(j April 11, 2003 RECEIVED APR 1 1 2003 City of Meridian Attention: Will Berg 33 E.ldahl) Sl ~eri~.DD.83642 City of MeridIan CitY Clerk Office Dear Will. I am requesting a sewer and water latecomer's agreement fOT Locllsa Falls. On Aprill 0, 2003 r submitted our draft agreements to Bruce Freokleton. If there is anything else 1 need 10 do or submit please notifY me at your earliest convenience. Sincerely, Justin Martin ""&'7,.1" Wtu<k" .!I.t",.... ,/ie;, 1M r.e~~. .'7d~~ rF-371? (..~("Vj ,)\i\i~GII4'9 .'T= fJ()"/.97(,::(J~ APR 11 'e3 14:29 2883762841 PFlGE.01 (, ADA COUNTY RECORDER J. DAVID NA~,..tlRO BOISE IDAHO OS/23103 12:00 PM DEPUTY Michelle Turner II11I1111I111I III RECORDED - REQUEST OF 11\1111111\11111\ III Meridian City 1030852213 AMOUNT .00 6 CITY OF MERIDIAN ORDINANCE NO. 03- /01 B AN ORDINANCE FINDING THAT, TOM E. DAVIS AND SUE C. DAVIS, HUSBAND AND WIFE, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED WEST OF NORTH EAGLE ROAD AND NORTH OF EAST USTICK ROAD, MERIDIAN, TO BE KNOWN AS P ARKSTONE SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. 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 annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel of land located in the E 1/2 of the SW l;4 and the W 'is of the SE l;4 of Section 32, TAN., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 31 and 32 of said T. 4N., R. IE., and Sections 5 and 6 ofT. 3N., R. IE., B.M.; Thence North 89043' 17" East, 1991.44 feet on the section line common to said Sections 32 and 5 to the REAL POINT OF BEGINNING; ANNEXATION AND ZONING ORDINANCE (AZ-02-033) 1 Thence North 00001' 19" West, 2652.73 feet on the westerly boundary line of the East 1; ofthe SE y.; of the SW y.; of said Section 32, a pOliion of said line also being on the easterly boundary line of Summerfield Subdivision Number 3, as same is shown on the Plat thereof recorded in Book 69 of Plats at pages 7047 and 7048 of Ada County Records, to a point on the east-west mid-section line of said Section 32; Thence North 89054' 10" East, 573.09 feet (formerly described as North 84042' East, 573.4 feet) on the east-west mid-section line of said Section 32, said line also being the southerly boundary line of Heritage Subdivision Number 2, as same is shown on the plat thereof recorded in Book 23 of Plats at pages 1452 and 1453 of Ada County Records, to a point on the westerly boundary line of Jasmine Acres, a Subdivision, as same is shown on the plat thereof recorded in Book 59 of Plats at Page 5829 and 5830 of Ada County Records; Thence on the westerly boundary line of said Jasmine Acres for the following courses and distances; South 13005'58" East, 107.12 feet; Thence South 29045'58" East, 43.30 feet; Thence South 53012'58" East, 164.80 feet; Thence South 65026'58" East, 111.00 feet; Thence South 66008'58" East, 283.70 feet; Thence South 78020'58" East, 160.90 feet; Thence South 70046'58" East, 121.50 feet; Thence South 63003'58" East, 177.50 feet; Thence South 48010'58" East, 154.02 feet to an angle point in the boundary line of said Jasmine Acres; Thence leaving the westerly boundary line of Jasmine Acres, South 48010' 58" East, 44.58 feet; Thence South 32010'58" East, 201.40 feet; Thence South 45023' 58" East, 99.30 feet; Thence South 27005'58" East, 267.80 feet; Thence South 01000'28" East, 152.80 feet (formerly described as South 0022' West, 159.2 feet) to the southeast corner of the NW l/4 of the SE l/4 of said Section 32; Thence South 00001 '23" East, 1326.17 feet to a point on the Section line common to said Sections 32 and 5, said point being the southeast corner of the SW l/4 of the SE y.; of said Section 32; Thence South 89043'57" West, 1328.23 feet on the section line common to said Sections 32 and 5 to the l/4 Section corner common to said Sections 32 and 5; Thence South 89043' 1 7" West, 663.82 feet on the section line common to said Sections 32 and 5 to tlle real point of beginning. Said parcel contains 104.77 acres more or less. ANNEXA nON AND ZONING ORDINANCE (AZ-02-033) 2 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). 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 of the 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. 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 of the City of Meridian, including the lands herein annexed, 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 ofIdaho, all in compliance with Idaho Code ~63-2215 and 950-223. ANNEXATION AND ZONING ORDINANCE (AZ-02-033) 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this (Sf!::.. day of ,111121" ' 2003. ~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /3 -- day of ,m tl~ ,2003, . \\HllllItI/111/ \\\\ c:" 8 . 1111 \,\ -( Or IVlElrI.') 1// ....:::." ~ . - '(..4.. //// .1 (j Cpf1.POrtq /; 't- ~ $ ~ ~ ~ - SEAL - ~ ~:: ~,~ o.,V..~ .~"O (,18'15\ ." _.p.$ ~~. "1 'i!"' ".... "''',1,1 CO! I' -'of ~ "" 1// \....<1".,,. i l. \,'\ Ill/"'~.r'~'-J:: t~, ~ !~\\\\\ ... " ,~. i . ATTEST: J;a~k;Jc0. f~ CITY CLERK /I First Reading: D - !:J -0 3 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: X No: Second Reading: Third Reading: STATE OF IDAHO,) : ss. County of Ada ) 7d.1n/"Yl:f de ti/.eerd- On this 1:J day of ~_ , 2003, ~me, the undersigned, a Nota')' Public in and for said State, personally appeared OBERT D. COR::U and WILLIAM G. BERG, JR., known to me to be the~and City Clerk of the CITY OfM. eridian, Idaho, and who executed the within instrument, and acknt"ledged to me that the City of Meridian executed the same. Cr'frt [ctvn-c<:.e- /lr-RS,"d.e,.v& IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above writt~l.cnl'l .p'IJ N S-~- ~<) O~____:AA-?(t. ~",'" ::~ Q 11(. ~ ," O'T.AJ? ..~..?Jt... ill I ~ ..,... ..-i"C> Q C/'J I ""Y \ 11 " I I !II ~ I I II ~ l : : 11 \ ' l!J l) , I. iii 0.0 "'.. ~'\.c:,~.1iI .-Qo&'~;;:.~-"~~. 4> q-~.u OF V"<}" ~~a..."f> Z:\Work\M\Mcridian\Mcridian15360M\Parkstone Sub AZ-02-033 PP-02-033 CUP-02-049\AZOrd.doc (SEAL) ~ifY)~~ NOTARY PUBLIC FOR IDAHO RESIDING AT, IJdf!.Coww.. ~ ,JolaJUJ MY COMMISSION EXPIRES: 0 ~2~-(J5 ANNEXA nON AND ZONING ORDINANCE (AZ-02-033) 4 :2 I ~ ~ .. 'v ...J S> ., ~f ~ 0 w :z :;1; ~ ~ <0 -J lr) " .,.. " .!) \.:\ ---- ~ ~Cn -l~ ~ . ,... Q)1l) to Z - ) - - - ~ -----; ~ ~ - - - ffi ..J ~r~ - I~U UIW - .. - - CI (", 0: _J ~ u t; ::;) UI 800.01 '23"E 'Y...'?> ( 1326.17' ~ ....'1.- ,," WWUJwwUJwwwwwwww e>-------------- zl'RiSf8i:8flSfBf8i'8i'8iSf8flSf8~ Q:fg~~~fg~~f:5~~~~fg8 <(.0 o4ll a 0 -II a a 0 aDO 0 a w~RlmlBffi:efi2m~~~~~o coCIJClJWClJWWWW(I)W(I)WWCIJ ~ f-'" I~ l:"! (Y")tO '<tN . (Y") ~".. C/) UJ ...I CO <( I-J: UJ~~g~~~~~~~ffi~g~~ ~z""~~""(Y")2"..~'<t~""m""N ~w~v~~~~~~~v~m~~ -I ~:i~(Y")'<tl!)<O""CO(J)~~~~~ ~ -1-1-1-1-1....1...1-1-1...1-1...1 e> u.Z Oz I-Z 5: z- . -0 ,... ~ ~~~ NOO.01 '1 9'W 2652.73' --. I n I-- ^VM1!l3""~_<mK: ~ :'-...J ,./ I--~ ~V --1- I--~ l~~l-~ -i- I-- ! .. ;J/>l>o"".....OSK v~~ ai - ~ - ~LU ~ 3;;.: ~ ~~~ ~ p " ~ -, ~~) i1l {{to ~ ---"rh< 0 y/ W ....;t I \'--- '-f-"" -i- ~~5i?l '- ~ j~rtr- -t~ ~ -+ 0 71 'I ~:-I~~ ~~. ~,,= I~) ~ /;;M~'f;P J.v~,",,"';,!!.!L ~ y .):. f3 - --J '" . i'-. II *_""'\ -::7 _~ -.-(0 1"- 7.d~ :.i _::If- 1:;_ M o ~7~'-i-;;-L~~-I- I fi'7~~''o[_w7-1~-'''- IJ ;;; ~~~;---~ ,--," 0'/ ---4 '- w n1 00" r '" ~.....- ~ ~ 0 ~ ~I ~ ~ \ ~I.~ UJ o:~ n:: z::gz W :J i! () en N ZQ)(<) <( C c:: z.s:fi o.f! <u 0::::(ijC/) 00.. CI 0:: ~ U t; ::;) w z~ <( WN - I::: (1; o ~!2 a::: Ii" 0 wW"J: ~B~ u.li::i" OW~ 1-0 ~~ffi _ ui::2; ()~ o --, (I) ;;..: 1IJ Z ~ c:: Cl ~ ~ ~ ~ ...I 5 ~ (J) a CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Or~inance No. 03- (01 B , passed by the City Council of the City of Meridian, on the (,J-ti!- day of !11-tltd-. ,2003, is a true and correct copy of the original of said document which is in the care, cJ{iody and control of the City f) C. f 'd. . ~ll\Hp~!!/ Clerk 0 tIe Ity 0 . Men Ian. \\\\\\\',~ ".,,~':- '/1/111 ,~ '\ (}', h'<l1/D 1//,' .::-',:'\ ...---"--.." ~ /~ ".(j' ..npi'17""" -lA. -;. ..:- 0~ ~~ L ......., or1 ...... ~ . y ~ ~ ~ ~. '<)1 ~ ~ ~ ~ ~ - - - - :t :: EitL ~ - STATE OF IDAHO, ) : ss. County of Ada, ) On this 1 3 day of Mo:.wJ , in the year 2.003 , before me, A:~S'<Y0- -l:c'1 , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) 9,;:..I<'D..~ <)<>ON s~ :;~~orf~;:,~.~ QGljI ~ \ " A f' I III Ii> I S ~ \ J : ~ ~ # Q 1) \. " III o _ft.... br-1c,~1i1 0. u-, ....~-UJ:.1)...r#' .. .. ~'h:.--~...n + .CP..,....aOF ~.Go .litQ.."'....- ~hMoYl~~ Notary Public for Idaho Commission Expires: 1-2<3 -GS- Z:\ W ork\M\Meridi an\Merid ian 15360M\Park;tone Sub AZ-02-033 PP-02-033 CUP-02-049\CertificatimOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-033 BEFORE THE MERIDIAN CITY COUNCIL C/C 05-06-03 IN THE MATTER OF THE APPLICATION ) FOR EXTENSION ON PRELIMINARY AND ) FINAL PLAT FOR TOUCHMARK ) SUBDIVISION, LOCATED SOUTH OF ) FRANKLIN ROAD AND EAST OF EAGLE ) ROAD, MERIDIAN, IDAHO ) ) BY: BRIGGS ENGINEERING, INC. ) ) APPLICANT ) ) ) CASE NO. TE-03-003 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR THE PRELIMINARY AND FINAL PLAT This matter coming on regularly before the City Council on the 13th day of May, 2003, upon the Applicant's time application for a one (1) year extension for the preliminary and final plat, which was originally approved in May of 2002, as provided in S 12-3-6 B, and good cause appeanng. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above named Applicant is granted a one (1) year extended period of time until June 1,2004, of this Order for the preliminary and final plat for the above entitled subdivision application. "7-1" By action of the City Council at its regular meeting on the I ~ ---day of !/lA f- ,2003. Order Granting A One (1) Year Time Extension For Preliminary and Final Plat - Touchmark Subdivision (TE-03-003) Page 10f2 fl- DATED this 1'$.- day of f)1-tt 1-. f/ ,2003. Attest: ---=> Copy served upon Applicant, Planning and Zoning Department, Public Works and the Citv \' \\,il III II /J 1(1 Attorney. ..."\,, Of Ml:o 111111 ....' ...to{ q'l/}~ '" ...... \.' v,-1. 'l ....$", (i ">p~OR..q h.. ~ 'l~ S .:r ~o ~ 2" ~ Dated: !?-/5-0 j ~ ~ By~~~,9-- City Clerk Z:\Work\M\Meridian\Meridian I 5360M\Touchmark TE 03 003\FPTime Extension TE-03-003.doc Order Granting A One (1) Year Time Extension For Preliminary and Final Plat- Touchmark Subdivision (TE-03-003) Page 2 of2 BEFORE THE MERIDIAN CITY COUNCIL rl C1 IN THE MATTER OF THE APPLICATION OF J-U-B ENGINEERS, INC. FOR APPROVAL OF FINAL PLAT FOR WATERSONG ESTATES, LOCATED WEST OF NORTH LINDER ROAD, NORTH OF WEST USTICK ROAD, MERIDIAN, IDAHO C/C 05/13/03 ) ) ) ) ) ) ) ) ) ) CASE NO, FP-03-024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on May 6, 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 Steve Siddoway Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Planner III for the Planning and Zoning Department, p-lld Gary Lee, conunented 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 "W A TERSONG ESTATES" as evidenced in Plat bearing: "PLA T SHOWING W A TERSONG EST A TES, A PORTION OF THE SE ~ OF SECTION 35, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WATERSONG ESTATES I (FP-03-024) Page 1 of 4 TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, \GAL\11847\11847-Dra\dwg\l1847FP1.dwg, 04/14/03, SHEET 1 OF 3, HANDWRITTEN DATE: 4-l5-03, J-U-B ENGINEERS, INe. - ENGINEERS SURVEYORS PLANNERS, HOWELL-MURDOCH DEVELOPMENT CORP., c/o KEVIN HOWELL - DEVELOPER", Howell-Murdoch Development Corp., 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 Steve Siddoway Planner II for the Planning and Zoning Department, dated Hearing Date: May 13,2002, listing 3 General Requirements and 28 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their May 6, 2003 meeting as follows, to-wit: 1.1 That in staff comments dated Hearing Date May 13,2003, under Site Specific Requirements/Final Plat number 16 it shall be revised to read as follows: SITE SPECIFIC REOUlREMENTSIFINAL PLAT 16. Provide sidewalks with a clear four-foot-wide walkway pathway without encroachment of mailbox structures. 1.2 For clarification fi'ol11 the May 13,2003 meeting the following shall be required: 1. The Applicant shall be required to provide a revised Landscape Plan, as well as a revised Fencing Plan for the north and south property boundaries, either open vision fencing or four foot fencing, prior to final signature on the plat. ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR WATERSONG ESTATES / (FP-03-024) Page 2 of4 1.3 Comply with the Meridian Fire Department's requirements as follows; 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for water quality will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Depmiment thm the Public Works Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. 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 8. 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. UFC 902.2 9. Building setbacks shall be per the Building Code for one and two story construction. 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WATERSONG ESTATES / (FP-03-024) Page 3 of 4 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the I ;j-l!:-- day of /lJAt , 2003. Attest: ~.._-- .. By' "" ,""" "'"'''''' .. uu : _. ---=:-- \\\\ oC: M~ III . . . \,\ _I 'r- c.RI^ 1// ~ :<. '\ 'YL /.... $~ (} o~Of4/';:.<f..z.. ~/h~ tXil. W~tft-- f ~o <.0 e~ C6~ Pnu/den---& ~ ~ ~) BJdL:",A, /u,A () City Clerk '-s::7~ Dated: 5 -lb-(}3 Z:\Work\M\Meridian\Meridian I 5360M\Watersong Estates FP 03 024\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WATERSONG ESTATES / (FP-03-024) Page 4 of4 MAYOR Robert D. Come HUB OF TREASURE V ALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Chene McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDlAL~, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (20B) 888-4218 PUBLIC WORKS BUILDING DEPARTIvlENT (20B) 898-5500' Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 8&4-5533' FAX 888-6854 MErvIORAI\fnUlVI; Hearing Date: May 13,2003 To: Mayor, City Council and Planning & Zoning Commission Bruce Freckleton, Senior Engineering TeCh.~ Steve Siddoway, Planner II ~~ Watersong Estates Subdivision RDCE .. 1:!J.,; (i.j ~lfD~ .W. From: MAY <- 9 2u03 Re: City Of Meridian City Clerk Office . Request for Pinal Plat Approval of 124 Building Lots and 14 Other Lots on 38.92 Acres in an R-8 Zone for Watersong Estates Subdivision, by JOB Engineers (File No. FP-03-024) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, JUB Engineers, has requested approval of Watersong Estates Subdivision, located on the west side of N. Linder Road, approximately 1/4 of a mile north of Ustick Road. Upon reviewing the submitted final plat, staff has determined that the plat substantially complies with the approved preliminary plat, with the following exception: . The outparcel at the southeast corner has been enlarged to show the correct boundary, causing the applicant to lose one lot in Block 8. Staff recommends approval of the above change to the fmal plat. SURROUNDING PROPERTIES North: Rural residential/agricultural properties, zoned RUT (Ada County) West: Proposed future phase of Bridgetower Subdivision, zoned R-4 East: Proposed Linder Road Middle School, zoned R-4 South: Rural residential/agricultural properties, zoned RUT (Ada COlmty) FP -03-024 EJC1.;b;~ If 1\'. 1 Df", Watmong EstaJ.<<.FP Mayor & City Council Hearing Date: May 13, 2003 Page 2 SITE SPECIFIC REQUIREMENTS/FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Modify Note #14 on the final plat to include: ...Settler's Irrigation District on Lots 1 and 2. Block 1. per the license.. . 3. Modify Note #8 on the final plat to include Lot 1, Block 12. 4. Modify Note #4 on the final plat to include: .. .to be centered on all interior side lot lines,... 5. Add "Basis of Bearing" text to the plat map. 6. Add "RPOB" text to the plat map. 7. Add the )-4, ~ descriptive text to the appropriate comers, with any CP&F No's. 8. Submit compaction test results to the Meridian Building D epartment for all building pads within lots receiving engineered backfill. 9. Design drainage areas to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 10. Street signs are to b e in p lace, water system shall b e approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety 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. 11. Install permanent fencing along the perimeter boundary of the subdivion. All fencing adjacent to the gravel access road along the north boundary of the subdivision shall be restricted to 4-foot maximum for solid fencing. Fence height shall be reduced to 3 feet at all locations where fencing is within 20 feet of any right-of-way. Fencing shall be added to both sides of the micropath on Lot 1, Block 11 in accordance with the Landscape Ordinance. Revised fencing plans shall be submitted to Planning & Zoning for staff review and approval prior to signature on the final plat. 12. Construct the water and sewer mains to and through this proposed development. Coordinate main sizing and routing with the Public Works Department. Tills development shall be subject to sanitary sewer and water latecomers fees to reimburse those responsible for extending these systems to the area. The latecomers fees shall be paid in full prior to signature's of the City on the final plat map. I'P -{)3.024 E~b;+ "1\u ~ ot'" Wa!or>ong Estates.FP Mayor & City Council Hearing Date: May 13, 2003 Page 3 13. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Settlers Irrigation District. The City of Meridian requires that presslli'ized 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. 14. Retain and protect the existing gravel access road over the White Drain Sewer Trunk line. 15. Submit a signed, stamped statement from a professional land surveyor certifying that all street finish centerline elevations are set a minimum of three feet above the highest . established normal groundwater elevation. ,/~\'\.~~~ Pet.-.t.,~- ~..:1't.-' r\,il.1. 6. Provide sidewalks with a clear f,iVe-foot-wide walkway pathway without encroachment 0 f ~~ OJV>' (l)\'~ mailbox structures. \0-'" v!Y .e,f .~~~0 17. Submit copies of proposed restrictive covenants and deed restrictions for review by the City q\ Attorney's office. 18. Graphically depict 8-foot wide public utilities, drainage and irrigation easements adjacent and parallel to the following lot lines: NE side of Lot 11/ Block 5, N side of Lot 11 Block 5, E side of Lot 3/ Block 9, NW side of Lot 4/ Block 3, N side of Lot 19/ Block 8, N side of Lot 14 / Block 2, N side of Lot 7 I Block 1, as there will be pressurized irrigation lines running through the areas. 19. Revise the easement line type in the plat legend to a single line instead of double. 20. Complete the Certificate of Owners and its accompanying Acknowledgement. 21. In accordance with MCC 12-13-10-8, Applicant shall provide detached sidewalks adjacent to N. Linder Road. 22. In accordance with City of Meridian Public Works Dept. plan review comments, shift the pressurized irrigation and gravity irrigation lines along the east boundary of the subdivision to the east side of the property line (west side of street buffer common lot). 23. Easements for the gravity irrigation, pressurized irrigation, and drain lines are not depicted on any plans and shall be depicted on the final plat. Applicant shall coordinate with P&Z Dept. in relation to plantings in and around the easements. 24. A gravel shoulder will be required along Linder Road in accordance with the Landscape Ordinance. FP -Q3.024 bU:b;+ II A II 3 of '-/ Walmcng EslOlts.FP Mayor & City Council Hearing Date: May 13, 2003 Page 4 25. Shift the trees shown in the future right-of-way common lot to the west so they do not interfere with any future road widening. 26. Graphically depict and label the paved segment of pathway along the south side of the White Drain. Modify the path segment to stub to the north property line so the path can continue in the future. 27. Landscaping originally shown along the gravel pathway on the preliminary plat has been deleted on the proposed final plat landscape plan. Applicant shall landscape the areas adjacent to the pathways with at least grass and/or shrubs and grOlmdcover. Trees are also encouraged in any areas allowed by the Public Works Dept. 28. Please add or revise the following plat notes: (15.) Either graphically or note lO-foot wide permanent public utilities, drainage and irrigation easements adjacent to the rear lot lines. (16.) Add a note detailing the maintenance responsibilities of the drainage lots to the Ada County Highway District. . GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adj acent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate inigationldrainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. 0N ells may be used for non-domestic purposes such as landscape irrigation.) 3. Install 250-watt and lOO-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and pennit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. E.~; b:t.. A It t.f 0+ &./ FP -O3-O~4 Watrnong Estnl...FP