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HomeMy WebLinkAbout2003-05-20 p LeCL8e ?o~t };y j)~0':Gno-n'~ - thtuyil~S / CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, May 20,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary _ Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of Valley Ride: (15 minutes"') 4. Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project: (10 minutes"') 5. Discussion of Skate Park Policy: (10 minutes"') 6. Discussion of Solid Waste Franchise Issues: (10 minutes"') 7. Executive Session per Idaho Code ~67~2345(1)(b) and (c): '" 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 20, 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 conlacllhe City Clerk's Office at 888-4433 atleasl48 hours prior to !he public mlleting. rp LeG( - 'fo~-t J;y 'PubL ~ MAYOR Robert D. Corrie Mtdl ow; CITY OF Et~,- .... .. \. erldian ~'.k; ~\, IDAHO I~ ;-. y ~~ ,.? C'~~ g/' 11, '"' TREASURE v~~ .. SIN" 1903 ThU1'2 t'J! 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) 887-221] . Fax 887-]297 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 lS HEREBY GlVEN 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 20,2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: Discussion of Valley Ride - Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project - Discussion of Skate Park Policy - Discussion of Solid Waste Franchise Issues - Executive Session per Idaho Code s67-2345(1)(b) and (c) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 16th day of May t 2003. 33 EAST IDAHO AVENUE. MERIDIAN. IDAHO 83642. (208) 888-4433 City Clerk Oftlce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887.4813 ** TX CONF 1 RMf., . ; uN REPORT ** ( AS OF MAY 16 'IO-S 14:47 PAGE.01 CITY OF MERIDIAN 01 03 DATE TIME TO/FROM 05/16 14:46 KEITH BIRD 0S/16 14:47 CHERIE MCCANDLES MODE ----5 EC--S MIWSEC PGS 00'00" 000 00'29" 001 CMD1:1 STi=lTUS 191 BUSY 191 OK MAYOR Robert D. Corrie ? teet&- 'PD%! J,r 'Pub-I; 6- olfe;;jl~;;-:'Y IDAHO ft-~- '[11M2 tS! \.EOAL DEPARTMENT (20~) .1611-9272 ' FAX .U;O.440S PARKS & RECREATION (20S) 888.3519 . l"ax 893.550] f>U13LIC WORKS {20g) 898-5500 . Fax 6~7-1297 City COUNCIL MEMBERS T:lmmy de Weetd WjlliQm L. M. Nary Cherie McCandless Keith Blrd BUILDING DEPAR.TMENT (:lOg) SR7.2211 . Pax 857-1297 PLANNING &: ZON1NCi (20ll) lJ84-5SJ3 . Fux agR-oS-14 - 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 20. 2003 at 6:00 P.M. The Meridian City Council will be discussing the folloWing agenda items: - Discussion of Valley Ride - Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project - Discussion of Skate Park Policy - Discussion of Solid Waste Franchise Issues - Executive Session per idaho Code 967-2345(1)(b) and (e) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 16th day of May, 2003. 33 EAST IDAHO AVENUE' MERlD1AN, IDAHO 83642 . (208) 888-4433 City Clerk Otl1ce F~~ (208) a88-4218 . Human ResoUI<<$ faJ\ (208) 884-8123 . Fin:mcc & Utility Billing Fax (208) 887.4813 " ( ** TX CONP, ,TlON REPORT ** AS OF MAY 16 ' 03' ..>: 11 PAGE. 01 CtrY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtl STATUS 02 05/16'14:468950390 EC--S 00'20" 001 192 OK 04 05/16 14:48 Laurel EC--S 00' 21" 001 192 OK 05 05/16 14:49 208 387 6393 EC--S 00'20" 001 192 OK 06 05/16 14:50 CHERIE MCCANDLES EC--S 00'23" 001 192 OK 07 05/16 14:51 CHERRY LANE EC--S 00'23" 001 192 OK 08 05/16 14:52 POST OFFICE EC--S 00'29" 001 192 OK 139 05/16 14:53 208 888 1983 G3--S 1313'28" 0131 192 OK 10 05/16 14:54 ID PRESS TRIBUNE EC--S 013'21" 001 192 OK 11 05/16 14:55 208 888 6700 EC-5 00'21" 001 192 OK 14 05/16 15:01 ADA CTY DEVELMT G3--S 00'40" 001 192 OK 19 05/15 15:11 KEITH BIRD ----5 00'00" 000 192 BUSY -------------------------------------------------------------------------------------------- 'PLto.S~ ?os.t };y 9u..h.L:e- 11on'~ -thM1Jc3 / CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 20. 2003 at 6:00 p.m, City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption ofthe Agenda: 3. Discussjon of Vaney Ride: (15 minutes.) 4, Discussion of Sewer Easement Acquisition Poljcy for Black Cat Trunk Sewer Project: (10 minutes.) 5. Discussion of Skate Park Policy: (10 minutes*) 6. Discussion of Solid Waste Franchise Issues: (10 minutes*) 7. Executive Session per Idaho Code ~67.2345(1)(b) and (c): . Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. M<ridi4n CityCOWICil Pro-C<>Ulldl Accndo - May 20. 2003 Pafl' I of! All rn:.m-ml<pr=lt;dol: l"'blie mc<:tin~ <l'Al1 become prop<rty oflhe Clly ofM<ridione AnyODe deIirioe.cCOllUl>OdoIiO:1l fot dioobilirit< r/llllod 10 .roc.,mctIl< ondIo< h~ pl..:4.:M:: OOIif;lJ.~ IhLl CLIY Oak',g a.!G,;;c'II.l 88&.4433 ute.t.:", 48 ~1nI- prior to \he 'P'I.Ibli.,:. mad.~;t:r "'* TX CON~, .' nON REPORT ** 21 22 23 25 26 27 28 29 3G 31 32 DATE TIME TO/FROM G5/16-14:29 3810160 05/16 14'30 PUBLIC WORKS 85/16 14:31 12084664405 G5/16 14:33 8841159 05/16 14:35 2088840744 05/16 14:36 2088467366 05/16 14:37 8985501 05/16 14'40 LIBRARY 05/16 14'41 92083776449 05/16 14:42 208 388 6924 05/16 14:43 2088886854 (' AS OF MAY 16 '0:;' .' ,: 43 PAGE. 01 CITY OF MERIDIAN MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 00'29" 001 00'11" 001 00'21" 001 00'21" 001 00'20" 001 00'21" 0G1 00'20" 001 00'23" 001 00'21" 081 08'22" 081 00'20" 001 CMDIl 192 192 192 192 192 192 192 192 192 192 192 STATUS 01< 01< 01< 01< 01< 01< OK 01< 01< OK 01< ------------------------------------------------------------~--------~---------------------- FLettSe. ?o<J-r ;;" 9uh.~:G 1Loitez. -thtvrlJ:;J / CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 20, 2003 at 6:00 p.m. 1. RoU-call Attendance: City Council Chambers _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert COriie 2. Adoption of the Agenda: 3, Discussion of Valley Ride: (15 minutes.) 4. Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project: (10 minutes.) 5. Discussion of Skate Park Policy: (10 minutes*) 6. Discussion of Solid Waste Franchise Issues: (10 minutes*) 7. Executive Session per Idaho Code ~67~2345(1)(b) and (e): . Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. MaicllJlll Ci!yCOW>oiI 1'J1>O:><mc:i1 Apo.. - Mo,y 20. 2003 I'afB I of J All rrur",l>l< {II'<'W1l<:d ot public rnocting.< sl\8l1 b=mc ptopaty oflk Cily ofM<ridi.n. ru.)'We ~._mmodAAllD for dirolliliti.. rolO:od 10 clocu_ ondIo< b<lll'iDp: pl","",oonblc< .h< City a",~'. Of6eo..c 83&4133 111",,>>1.48 hO"Bprior W \he pooli. m..cinl:- ** TX :MATlON REPORT ** AS OF MAY 16 '03 CITY OF MERIDIAN PAGE. 01 MODE EC--5 UF--S EC--S EC--S EC--S EC-S EC-9 EC--S EC--S EC-S EC--5 EC--S EC--5 83--5 EC--S EC-S 83--S EC-S EC--9 EC--5 MIWSEC PGS 00'34" 001 00'15" 001 100'26" 001 00'26" 001 00'26" 001 01)'25" 001 0a'25" 001 100'30" 001 100' 24" 001 00'24" 001 100'24" 001 00'25" 001 00'26" 001 00'40" 001 00'30" 001 BI:}'36" 0al 100'30" 001 00'25" 001 00'25" 001 100'3(')" 001 CMDll 191 191 191 191 191 191 191 191 191 191 191 191 191 191 191 191 191 191 191 191 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK 02 03 04 05 06 f!f7 a6 laS 10 11 12 13 14 15 16 17 18 19 20 24 DATE TIME TO/FROM 05~16 14'08 381la160 05716 14'09 PUBLIC WORKS 05~16 14:10 12~664405 05~16 14:11 8841159 05~16 14: 12 2088640744 05~16 24:132088467366 05~16 14'14 8965501 05~16 14' 15 LIBRARY 05~16 14' 16 92083776449 05~16 14'172088886854 05~16 14: 19 8950390 05~16 24'20 Laurel 05/16 14:21 2lO6 387 6393 05/16 14' 22 ADA CIT DEUELMT 0S~16 14'24 CHERRY LANE 0S~16 14'25 POST OFFICE 0S~16 14'26 21aS 886 1983 0S~16 14'27 lD PRESS TRIBUNE 05~16 14:28 206 888 6700 05~16 14: 32 21aS 388 6924 -------------------------------------------------------------------------------------------- MAYOR Robert D, CorTi. :h'~- ThWrl J:S! 1.11<:iM. DEMRiMENl' (208) M,6-nn, FAX ~~44()5 PARKS 8< RECREA710N \10$) 833-'519 . Pox 893-550 J PUBUC WORKS 120S18P3-5500' f.. SH.U97 CITY COUNCIL MEMBERS Tommy d. We.rd WIIlI.m L, M. NOIY CherJ. MeC.nol... Keith Bird c:;:U;;;di;it ~. ~; .~\ lDhHO ~ ;>. .} 8UI~D1NG DEPARTMENT (209) 8R1-22J1 . f,.a87.I:m PLANNING 8/. ZONING (ZO~) GS-I-5SJ3 . Fill< &iK-MS4 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 Meeling at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 20. 2003 at 6:00 P.M. The Meridian City Council will be discussing Ihe following agenda items: - Discussion of Val/ey Ride - Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project - Discussion of Skete Park Policy - DisCllssion of Solid Waste Franchise Issues - Executive Session per Idaho Gode N67-2345(1)(b) and (c) The Executive Session is closed to the public, however, lhe public is welcome to attend the remainder of the meeting. DATED this 16th day of May, 2003. 33 EAST IDAHO AVENUE' MERIDIAN", IDAHO 83642 ' (208) 888-4433 Cily Clerk Om.e F.. r208i SS8-42I 8 . Hum,n R"OU~5 Fax (208} 884-8123 . finonec &. UliIlly Billing Fox (208) SSH8lJ MAYOR Robert D. Corrie c:Me;;dl~~'~ ,,;: '\ IDAHO j~ ,;.. y ~~ p C'.;, q7 evrlO'l 'I 'J.kT"EASum;V~ ,SINCE 11903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888.3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500' Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 [ . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary 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 20,2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Valley Ride - Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project - Discussion of Skate Park Policy - Discussion of Solid Waste Franchise Issues - Executive Session per Idaho Code ~67-2345(1)(b) and (c) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 16th 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 May 30, 2003 MERIDIAN CITY COUNCIL MEETING June 3, 2003 APPLICANT ITEM NO. REQUEST Approve minutes of May 20, 2003 Pre-Council Meeting ~~B AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~ Date: Phone: MaterIals presented at public meetings shall become property of the City of MerIdian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 20, 2003 at 6:00 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. Discussion of Valley Ride: Presentation of Strategic Plan (15 minutes*) 4. Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project: Attorney to prepare Resolution (10 minutes*) 5. Discussion of Skate Park Policy: Discussed (10 minutes*) 6. Discussion of Solid Waste Franchise Issues: Attorney to prepare Resolution (10 minutes*) 7. Executive Session per Idaho Code ~67-2345(1)(b) and (c): Move to end of Regular Agenda *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 20, 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. Meridian City Pre-Council MeetinQ May 20, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, May 20,2003, 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, Anna Powell, Brad Watson, Doug Strong, Mike Worley, Gary Smith, and Sharon Smith. ltem 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: I will go ahead and call the Pre-Council Meeting on Tuesday May 20th. At 6:00 I'll call the meeting to order and ask the Deputy Clerk to call roll. Item 2. Adoption of the Agenda: De Weerd: Item Number 2 adoption of the agenda. Bird: Madam President. De Weerd: Mr. Bird. Bird: I would move that we approve the agenda as published. Nary: Second. De Weerd: It's been moved and seconded to adopt the agenda as presented. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES ltem 3, Discussion of Valley Ride: De Weerd: Item Number 3 discussion of Valley Ride. Kelly is here with us this evening. Fairless: Madam President Members of the Council I'm going to hand out some interesting information (inaudible). Meridian City Pre-Council Meeting May 20, 2003 Page 2 of 19 Bird: Thank you Kelly. De Weerd: Thank you Kelly. Fairless: Thank you Members of the Council for giving me the opportunity to speak with you today and to express my appreciation for the support we've gotten from Meridian City over the last couple of years. I'm here to update you on what Valley Ride's been doing over the last year. I think it's important that you understand as dues payers of our organization what are we doing with the funds that we're getting from our members and also look into the future and what we're going to do with our future fund request. We as you all know we've been in existence since 1998. Valley Ride was created out of a citizen referendum 70 percent of the citizens in Ada and Canyon Counties voted for the formation of a regional public transportation authority. With the legislation that created us, though we weren't given a funding source so we rely on our members to provide us with the funding we need for the local match for the dollars that we spend. Every dollar that we get from our member agencies equals four dollars from the federal government is matched by four dollars from the federal government. The request from Meridian this year for example is 25,489, which actually equals 127,445 dollars to us in our efforts. In this last year we have completed our Strategic Plan and what you have in front of you is the executive summary that we got from our consultants on that plan. There were five priorities that were established out of that process. They're not necessarily in order of importance anyone of those priorities without the other couldn't stand alone so we had to put them in some order so I'll tell you what order that is. One is secure stable funding which is something that if we aren't able to accomplish that in the next couple of years it's going to be very difficult for us to accomplish the kind of public transportation system we would like to have. Also promoting public transportation through public outreach and education, enhancing and maximizing - enhancing existing services and maximizing the resources, we already have. Also developing partnerships such as the partnerships, we have with our member agencies and other members of the community and developing a rail strategy both short term and long term. In this last year, we've also entered into agreements with Commuters Bus and Treasure Valley Transit for the services they provide in Canyon County. We - I included just for your information some facts about Treasure Valley Transit and Commuters Bus as well. We are the designated recipients for federal funds for the Nampa and Boise urbanized areas and also began the Garden City - we began operating the Garden City service this last year. We really are looking for opportunities as they present to create a more regional system and we're going to move forward farther in that in this next fiscal year. I don't know if you're aware but Commuter Ride has been working with Treasure Valley Transit to establish more stops in the Meridian area and we're very excited about that starting in June. They've added additional stops in Meridian now we have up to six stops in Meridian on the Treasure Valley Metro. The mid day service is going to resume again as of June 2nd so we'll have the Meridian City Pre-Council Meeting May 20,2003 Page 3 of 19 Nampa to Meridian to Boise route for all day again. What I have enjoyed about watching this process is that the private sector has really stepped up to help fund this and I don't think it would have happened without that kind of support. As we look forward to next year one of the things we're really emphasizing in our program is the private sector and the employer support for these services. One of our projects that we're bringing forward is called a Commuter Pass Program and we're going to do that in conjunction with ACHD Commuter Ride. They all ready have the infrastructure to do the employer outreach so we'd like to enhance that through our federal program and to be able to do some incentive programs with employers where we can actually track our progress on their participation. Also, get them more involved in the planning of services and the implementation and marketing and outreach of those services. We're very excited about that project. It's actually planned to be a three-year project where the employer contribution to the program increases each year so by the time we're done with that, they're actually 100 percent funding the services that are being provided to their employees. Where that's been used was King County Metro did this type of program and they had a 95 percent retention rate of employers continuing with the service even after the incentives went away. We're hoping that we can see those kinds of successes and the more the private sector sees a value in this the more they're willing to contribute. I think that says a lot to our elected officials about how much their support is needed as well. We're also working with the Capital City Development Corporation to do a downtown mobility study. Why this is important to the other communities, it is a Boise study but it really for us is a template for how we can do transportation studies in downtown areas. I see Meridian as a prime candidate for a study like this in the future. It's looking at integrating the transportation system rather than looking at it from different kinds of modes instead of ACHD doing their traffic modeling in one study, us looking at transit and CCDC looking at parking and pedestrian we're going to pull that all together into one project. I think the outcome of that is a template that we can not only use in downtown areas abut regional areas such as the town square mall or some of the high congestion areas Eagle Road might be a real good candidate for that kind of study again looking at an integrated transportation system. We're also working with COMPASS, CCDC, and BSU to secure some federal funds in the reauthorization and the top priority in that COMPASS list as you all know is securing the rail right of way so we're working on that. Then again, I mentioned engaging the private sector and really focusing on that. I included in the packet for you the map. This is the conceptual map I brought to you about a year ago or a little more than a year ago. We are continuing to move forward on this plan. This year we are going to do what's called an operation and capital improvement plan. What that will do is start drawing lines on the map. How that effects Meridian is your citizens will be able to look at that map, see where they can pick up routes, where those routes will take them and how Meridian's service fits into the regional picture. What we'll be able to also do is look at the specific cost for that and each year we can come back and if the Meridian City Council would be inclined until we get a stable funding source there may be opportunities for us to ( Meridian City Pre-Council Meeting May 20, 2003 Page 4 of 19 start putting some services in place even before we get that funding source. The more there's an interest in that happening I think the more it's going to - it's easier to convince the Legislature that this is something that the community would support. We're moving forward on that and also I included in this packet a public opinion survey just again, we're hearing from the public that they support us building this transportation system and putting this in place. Only two percent of the people asked this was a 600-person survey 300 in Ada County, 300 in Canyon County, only two percent said they opposed public transportation and 82 percent support the implementation within one to three years. We've got a real strong sense of urgency from the public that they would like to see us moving forward as quickly as possible on this initiative. The last page is a very broad summary of our budget. I do have more detailed information if you would like to have that a few of our members have requested that. As I mentioned before the Meridian dues are 25,489 dollars. Those are - we use the 2003 COMPASS projections that COMPASS adopts and that's 60 cents per person. Nobody's duplicated so the county pays 60 cents for all the unincorporated citizens. The citizens in the unincorporated area and the cities pay for those within their boundaries. Then we do have special member dues that we negotiate separately with those. That's all I'm here to tell you about and I would be happy to answer any questions if you would like or if you have any. Bird: Madam President. De Weerd: Mr. Bird. Bird: Kelly on your budget request deal you guys - I see you took the labor just off of last years actual cost I guess. (Inaudible) salary or medical benefit increases. Fairless: Right. Bird: I'm sure you're going to have some of them so we probably need to figure a little bit more money for that. Fairless: Yes and one of the things thank you Councilman Bird. One of the things that we are looking at is we are working with the City of Boise to negotiate our budget for the transit services there. That's not included in this because that doesn't come from our member dues at all it comes directly from the City of Boise. They've asked us - we've kind of been basing a lot of this on what their requests are of us and we will go in and insert especially the medical benefit increase - Bird: Yes I know it's going to- \ Meridian City Pre-Council Meeting May 20, 2003 Page 5 of 19 Fairless: -- yes our staff increases I mean there may be some if we do need to do those and how- we do those if - I think we can work within the existing budget and be able to work through those. De Weerd: Kelly as you know the rail corridor goes through our Urban Renewal Area. I know you've been working very diligently on right of way issues and that sort of thing. We hope that as we move forward because the City Council and I know the MDC Board have recently sent a letter to encourage acquisition or a partnership with the Railroad Company. The title would be given to you but how - have you given some thought on how you would interact with the cities whose districts it runs through. We have 20 acres in particular that we're very interested in. Fairless: Madam President we really haven't given a lot of thought to those kinds of details. I think we do need to have a conversation about that, as we get closer. I don't know that a firm decision has been made that it necessarily has to be Valley Ride that that rail corridor goes to either. It's something that seems like the logical choice but we really haven't had I don't think enough dialogue at our board level and with our member agencies to determine if that really is the best option. Again, it seems like the most logical one but it's not necessarily the decision that's been made. We're on the proposal as the sponsor and we'll continue to work through that. As these issues come up, I think it's definitely something we need to be talking about. De Weerd: And if you can really keep close contact or communication with us and the MDC Board in how we can support your efforts and compliment them and contacting our legislative delegation or anyone that you need to shoe extra support from the city certainly we would be willing to do that. Those really are crucial to renewal efforts. Fairless: Up to this point we have been in touch with our consultants on that project. Our rail corridor evaluation have been in touch with some of the folks from the Meridian Development Corporation so I know those conversations have been occurring in terms of just the negotiation strategy, how that might look and the best way to approach that. I appreciate what you're saying and we are defiantly keeping that in mind as we move forward on these things. De Weerd: Also, at the MDC they will be doing a traffic study or a traffic flow. I don't know if it will be some time during this budget year or next budget year but if that could run concurrently with something that you could do with Mass Transit certainly that would be a great component of whatever they do. Fairless: Madam President that gets to my point of looking at the system as a system and making sure that - it may not be that every single component can be implemented but at least you're looking at it and determining where it will fit. I think that I would propose having a discussion with them about maybe finding a Meridian City Pre-Council Meeting May 20, 2003 Page 6 of 19 way to combine some efforts. We do have some of the federal transit resources that we can use for doing these kinds of studies. That's what we're funding the CCDC study with. Some of those monies still are sitting on the table for next year and I would be happy to talk with them about looking specifically at the downtown Meridian area and seeing if there are some things we can do. If the Urban Renewal District is willing to provide the local match, we can do quite a bit with that money. De Weerd: That's great. Fairless: It just maximizes the money that they have on the table. De Weerd: Sharon could you make sure to make a note of that that maybe we can get that on the MDC Agenda. Then we meet what the 2nd Wednesday at 7:30 so let's see that you're on their agenda to talk about that because they are doing their budget. I guess my last question is with our populations usually your budget requests are based on population numbers is that correct? Fairless: That's correct. De Weerd: And so I would anticipate ours will be going up a little bit. Have you gotten those numbers to our Finance Director? Fairless: Actually, this is the number for this year. De Weerd: Okay that will be our number. Fairless: Because we already used the 2003 COMPASS projections. They adopted those in April and I plugged those into our budget so this will not go up from what our request is. We will be getting that in a letter to your Finance Department. De Weerd: Did I see Stacy sitting over there? Unidentified Speaker: She's back in her office. (Inaudible discussion amongst Council Members) Fairless: Part of my reason to come today is just to in advance of you considering that in your budget just to have this face to face. We do send a letter and it's actually due to go out in the next few days. De Weerd: Thank you. Fairless: Thank you. Meridian City Pre-Council Meeting May 20, 2003 Page 7 of 19 De Weerd: Council is there any other questions or comments? Bird: Just thank you. Fairless: Thank you very much. Again, I appreciate the support we get from Meridian. This is a great partnership and I also get to walk here. Every time I come here, I'll remind you how great it is to get to walk here, De Weerd: Well I think you've taken the awareness level - it's just increased a great deal over this last year in general and have really appreciated what I've seen from your agency. Fairless: Well this has been actually a real delight to be able to come and talk to the member agencies. I can see just in the last year, the kinds of questions we get and the kinds of comments that I hear back that people are engaged in this dialogue and that's what I was hoping. I've been real pleased to see that. De Weerd: That's great well thank you Kelly. Item 4. Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project: De Weerd: Item Number 4 discussion of the Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project. Brad. Watson: Thank you Madam President and Council Members. I have brought along Candy Miller from JUS Engineers tonight and she will be able to explain in depth I think what we're doing here a lot better than I can. I need to hand something out to you. I didn't get it into your packets Thursday we were still going through a couple of revisions so I'll just take a minute to pass that out. De Weerd: Okay thanks Brad. Well welcome Candy. Watson: As you will read on my very short little memo, there we are very experienced in Sewer Easement Acquisition over the last couple of years and not all of it is good experience. When we start the design on the Black Cat Trunk JUB recommended and we agreed that we needed a standardized process by which to acquire these. They've gone to quite a bit of effort to draft this proposed policy and we have worked with the City Attorney's office as well throughout this revision. I can give you a moment to read that if you want. I'll probably just turn this over to Candy maybe she can explain the grand scheme here and answer any specific questions you might have. The one thing I would want to point out is we are really trying to get going on this project. Hopefully this is adequate and complete for you tonight. We don't want to go out and start talking to people until City Council has bought off on this for lack of a better word. With that, I'll just turn it over to Candy. f'. ; Meridian City Pre-Council Meeting May 20, 2003 Page 8 of 19 De Weerd: Thank you Brad. Miller: Thank you Madam President and Council Members. The purpose of putting this policy together was to create a mutual understanding between the property owners and everybody really that would participate in the easement process. That way reduce suspicion I guess on whether they're getting you know the same deal as their neighbor is getting and just try and streamline and make this a little bit more efficient as far as moving through it without misunderstanding just moving through the process more smoothly. We think if we have this policy, first of all it provides consistent guidelines for who is going out and contacting the public. We'll create a greater trust within the public I believe and people will feel they're being treated equally. As I said before it creates greater efficiency. To put this policy together we really have collected information from a Jot of different people and had different eyes on it. Mr. Nichols has helped us with it just in looking it over and making very good suggestions on it. We also talked to an Appraiser to get their viewpoint of it and they looked at it. We did look at some other city at the policies that they have and we think that we have put together a policy that is straight forward and really well served the city well. I don't know if you want me to read through this or you've had a chance to read through it there. It refers in here to Idaho Code and I do have copies of that if you have any questions on what that is. Where would you like to go we have 10 minutes? What would be most useful for you? De Weerd: Council I don't think we necessarily have to read through it. I guess we would ask the attorney he's looked at it and feels comfortable with it. I think he nodded his head. Nichols: Yes Madam President it's actually been several weeks we've been kicking this back and forth, tweaking it and fine tuning it. The prior Easement Acquisition Process we did we - you know historically you did not have to pay for any sewer easements. Then the construction of the White Trunk it became necessary to do that on occasion. How you get there and how you get it done was at times difficult. This at least lays out what has to be done. It probably goes maybe a little bit beyond technically what the imminent domain statute requires in that the written notice to the owner by statute refers to takings of fee simple property. This is an easement not a fee simple. When you look at the notice and what's in the notice it's all really up front stuff. What we're taking it for, what's necessary all of these different things so it just shows more I think a more open approach from government in this process. J think it's ready to go. De Weerd: Council do you have any specific questions or is there a need to walk through this? Nary: I guess I had one question Madam President. ( Meridian City Pre-Council Meeting May 20, 2003 Page 9 of 19 De Weerd: Mr. Nary. Nary: Following up a little bit of what Mr. Nichols said. The intent in trying to secure these easements hasn't changed from the White Trunk, I mean we're obviously still looking for donated property really not trying to purchase all of this right of way or all these easement all the way on this but that's the philosophy that we're going from. When we run into those situations like we had a few occasions on the White Trunk that's what the intent of this agreements for is that right? Watson: Council Member Nary, and Council Members. They're simply going to be approached with this at face value where there are two options a cash payment for that easement or if they so elect a donation. I'm not sure that we would or can push them one way or another. Most of the easements that we'll need are through large parcels that are prime for development. My intuition is that these people and maybe I'm totally wrong would like to help us out in getting that sewer to them sooner and maybe not go through the negotiation process. I think this is just a very up front, here's what it's worth, and here are options donation or payment. I think it is a change. Nary: Okay so and I guess that's where I wasn't clear. What I thought I heard Mr. Nichols say was that traditionally we haven't done it that way so this is really a change in our whole approach not just in the change in how we're going to deal with the ones where they want payment and we don't have any other options. This is really from the get go doing that right up front. Watson: Council Member Nary that's correct. I don't know if you recall but on the South Slough Sewer Project, we ended up negotiating over things like horse feed and renting of stables and just this weird stuff that just consumed so much of our time. This is what it is it's a cash payment or it's a donation. I don't anticipate dealing with those a whole lot. I'm sure there's going to be relocation of fences and maybe some things like that but I think this will stream line it. De Weerd: Will some of that be taken care of Brad in the Trunk Line Assessment that you're putting together? What is it called? Is that going to be kind of considered as a cost? I would also and I'll add to my question now if we could even introduce us with a paragraph of historically the City of Meridian has worked well with property owners in gaining easements through a donation or through the cooperation just a statement that traditionally easements have not been paid for. I don't know if we can do that or not maybe I'll defer that question to Mr. Nichols. Nichols: Madam President part of the reason you didn't have to pay for them is that most of them were derived from developments. The White Trunk as I understand it was the first big major city funded driven project. In the South Slough, extension as well there may have been somewhere you know to get from ( Meridian City Pre-Council Meeting May 20, 2003 Page 10 of 19 one place to another. As far as a big project goes it was out of the norm. I see it's a change but it's kind of a maturing change in that staff is having to go out and do some things that you didn't used to have to do because the development community was taking care of it and building from one place to the next to the next and building it in that fashion, You can probably in a cover letter to the owners have something like that as to the cooperative part of it. I fully expect that in the person-to-person contact that it will be stated in terms of what this can do for the value of the property as far as potentially being developed in the future to help people see the value that comes from having that sewer trunk go through. De Weerd: Thank you Mr. Nichols. I guess the remaining question Brad to you would be is this a cost that is being considered as you develop the assessment fees? Watson: Madam President and Council Members the cost for all future trunks major trunks Black Cat, North Slough, McDermott are all rolled into that system development fee right now. Once it's constructed and those costs are finalized then it's no longer a future project and it gets rolled into the assessment fee. The one caveat to that is we do intend to convene I guess a Finance Steering Committee for this project in the very, very near future that hopefully will involve one of you sitting up there. There may be a special fee a special Black - this thing is so huge that maybe that's worth looking at. We'll be looking at that. The one thing I wanted to point out Mr. Nichols mentioned a cover letter. We do intend to put together a cover letter that accompanies Candy when she goes out into the field and hopefully have that signed by the Mayor just introducing the project what we're doing and maybe that would be an appropriate spot to talk about the history of our sewer projects. Nary: Madam President. De Weerd: Mr. Nary. Nary: I seem to recall that there were occasions with the White Trunk that we had to look at some redesign issues because of either some where topography and some of it was because we've reached some impasse with people and we basically sewered around them because they weren't very willing forthcoming to grant some easements and such. Isn't that right? Watson: Council Members Nary somewhat. We never did go around anybody. We did switch sides of the drain at one point. The problem we ran into with that project is there was so much pending development that we had to keep working with changes and alignment continually. Well even after it was being constructed we were still making changes to conform to these peoples alignment. We're really intending with this project to go in with a preliminary alignment, a map saying this is where it's going to go through your property more or less and we're going to do an appraisal and here's what it's worth or here's the change in value ( Meridian City Pre-Council Meeimg May 20, 2003 Page 11 of 19 to your property. There's not - we don't really have the time or the patience maybe patience is a bad word but- (Inaudible discussion amongst Council Members) Watson: -- I won't speak for the rest of the city -- to be changing alignments for the next two years. Miller: Council what's your pleasure? Bird: Madam President. De Weerd: Mr. Bird. Bird: [think we ought to go forward with it and get it taken care of. I think you've got the power to have them bring it forward and get this on a Regular Agenda we'll get it passed and go after it. I don't see any better way. They've reviewed it. Nary: Madam President do we even need that? I mean I think - Bird: No I don't think we need it. Nary: I think they just want to know if this sort of philosophy change and direction is okay. I don't have - Bird: No do we need to pass on a policy, a new policy change? De Weerd: Mr. Nichols. Nichols: Madam President Members of the Council we generally wanted resolutions if there's something that becomes a matter of city policy. Often those are personnel policies, things that you have to put in a manual to refer to from time to time this one is kind of - is a little different but it wouldn't take much to have a resolution done. We can have it next week on the agenda, approve it, it's part of the Regular Agenda, and then there's something that can be attached to it if necessary. If somebody says well is this really what the city's doing. Nary: That's great. De Weerd: I guess through that suggestion you can get a resolution prepared for the next meeting. Thank you. [s that sufficient Candy and Brad? Watson: That's great I appreciate it. Thank you. Meridian City Pre-Council Meeting May 20, 2003 Page 12 of 19 ltem 5. Discussion of Skate Park Policy: De Weerd: Okay Item Number 5 discussion of Skate Park Policy. Doug Strong. Strong: Madam President Members of the Council what I'm bringing to you tonight is the results of discussions since we last met regarding security at Tully Skate Park and a possible way to at least address that issue for this summer. After discussions with staff, Captain Musser and Chief Worley what I'm proposing is that supervision at Tully Skate Park be by a Seasonal Recreation Facility Supervisor. That's a title that we've kind of created to deal with not just facility supervision at Tully Skate Park but also potential facility supervision at other park facilities that are being developed right now. This person would provide on site supervision for the Skate Park. Potential expanded duties could be supervision for picnic shelters and playground areas and up to 19 and a half hours a week. It would be on a rotating schedule between afternoon and evening hours probably Wednesday through Sunday since we're looking at a lot of hours to cover in the park with some type of on site supervision. During the week the Monday Tuesday hours on site supervision can be provided by maintenance staff in the park during those periods. The Wednesday through Sunday timeframe would allow some easing of the pressure that supervisor issues that take place during the day that the maintenance worker that's in the park has to address as well as covers weekend activity at the park. The department staff would be empowered to enforce park rules and would be trained to know when to call the police for involvement in a situation that can't be resolved by requests to respond to a park rule like removing a bicycle from the Skate Park. If that didn't occur, then a situation like that would become trespassing and police would be called. The hourly wages that would be proposed for this would be about a nine dollar an hour position. It would cost about 175 dollars a week or about 700 dollars a month and proposing it as a four month seasonal position. The reason I'm doing it this is we have seasonal positions within the Park's Department this kind of fits in the structure that we currently have. It keeps it under the hours that would be required to pay benefits for an employee. It would be a way to look at whether this works and whether it would be practical then to add it in future budget years for facility supervision. That's the proposal that I'm bringing back to you for discussion. De Weerd: Mr. Bird. Bird: Yes Madam President - and I feel something's got to be done immediately out there. Since school's out, we've got to have some kind of supervision out there and get it under to control to start with. The Park's and Rec Commission I felt the same way. As a whole, I took it and I'm sure Doug compares that. I'm for doing anything that they think is the best way to get in. Let's get the thing out there and get it stopped right now. Get it nipped in the bud then maybe we won't ( Meridian City Pre-Council Meeting May 20, 2003 Page 13 of 19 have to worry about it after that. If we nip it now that definitely will help us, all we can find the money can't we (inaudible)? De Weerd: Yes, we had already mentioned that we would fund it out of our budget for the summer. What he is proposing is this be tested and might be a budget request for this next year. Bird: That's right that's what we agreed upon yes in the Park's and Rec Commission. Nary: Madam President. De Weerd: Mr. Nary. Nary: Doug was there some discussion in creating some Park Ordinances for ejection as - I'm uncomfortable using the state code trespass as our only real means of ejectment from the park because I think there's some legal issues surrounding that to do that very effectively. Has their been some discussion about instituting some Park Ordinances for that? Strong: Councilman Nary that's the next step that we will be addressing is the creation of a general Park Ordinance with a specific Skate Park Ordinance of part of that. I used the trespass example because that's what currently exists in City Code as a way to - the first step as an employee in the park would be to ask someone say on a BMX bicycle to leave the Skate Park. If they fail to do so then it becomes an issue of trespass and then the Police Department has something to enforce that exists in City Code. It's a sequential way to control a situation without having Law Enforcement present at all hours to make it a (inaudible) situation. As we look at the development of a general Park Ordinance we look at how to make that work so that we can enforce park rules, general park rules in the park then when it becomes a police activity. Nary: And I understand that. What I'm saying is in the City Code and the State Code has the same problem is there's no continuing ejectment. That's why I'm saying - because in the City Code once they leave then they can return. That's why I'm saying it's not very effective means for what you're trying to resolve here. You've got a problem person in the Skate Park you want to eject them out of the Skate Park you don't have an ordinance that ejects them for more than a moment and that's the problem. They leave for five minutes they come back and you have to eject them again so it becomes a problem enforcement wise to deal with. That's why I'm saying they need to probably move a little faster in creating a Park Ordinance that allows for ejectment for a longer period of time because that's really where your problems going to be is just dealing with that enforcement side of it with police. ;" c Meridian City Pre.Council Meeiing May 20, 2003 Page 14 of 19 De Weerd: That was my concern and that's why I talked to the Mayor and Mr. Bird about trying to find someone that while they're creating this ordinance that we have some presence there to deal with the issues that seem to be cropping up at the Skate Park. If there - where are we at in the process of this ordinance that has been construction? I think it's been at least a couple months that I've been hearing it. Is there any way we can expedite that somewhat? Strong: Captain Musser and I are meeting on I believe on Friday of this week or that's our target date with the attorney that I mentioned in aUf last meeting that helps write City Code so that we can move to the next step to actually get it in some kind of language. We're looking for that kind of guidance so that what we put in place is practical, enforceable and can become a good working document which will likely need changes as we add park space and encounter other situations like at Adventure Land Playground will probably have it's own unique challenges. We'll have softball, baseball areas we'll have an ice skating rink we'll have a lot of different facilities that will probably require additions to an overall Park Ordinance for some kind of enforcement. Bird: Madam President. De Weerd: Mr. Bird. Bird: If I could add something in there. The thing that I think Doug is come on and using the police help guide us through this is we want to make sure we've got something in place that's enforceable for the police to enforce. Not something that you know you could like I think Mr. Nary said sometimes it's hard to enforce some of these rules that we have now in our parks but that's a deal - they are working on it. I would say that we probably another month and we should get this in but I think we need to get the presence of that person up there to do that to start with and get that taken care of. Then the Park Ordinance we'll get in there but we want to make sure when we get this Park Ordinance in that we have something there with some bite in it for the arresting officers or whoever's going to be doing it. De Weerd: I guess Doug it sounds like you certainly have the full support in going ahead and pursuing that part time position. I would like to see if in your conversations with the City Attorney that's working on this ordinance and Captain Musser if you can consider looking at this ordinance in two phases. One is dealing with some of the timely issues now and then looking at those issues that can take a little bit more time to develop, you bring that back as a second part to the ordinance. If maybe during your conversations with the City Attorney and Captain Musser, you can look at it with those goals in mind. I know we like to have the Park's Commission look at this first if they might even consider a Special Meeting to deal just with this ordinance we just need to get something in place so that we can have some enforcement out there. Meridian City Pre-Council Meeting May 20, 2003 Page 15 of 19 Strong: Madam President I agree with that and I think that we can do that. We started looking at a Skate Park Ordinance and in discussions with Captain Musser that it didn't seem practical to do just a Skate Park Ordinance and then move onto a general Park Ordinance it seemed like that was backwards. We wanted to have a base of general Park Ordinance that established things like hours that the park is opened, general behaviors that are acceptable within any park in the city and then address specifically issues that are relevant to the Skate Park. We have those pretty well in place right now with the list of Skate Park rules that I presented to you when we last discussed this topic. We want to move ahead and get those rules passed by resolution so that they're in place and can be enforced by staff then adopt them into a general Park Ordinance. De Weerd: Okay well in light of our time - McCandless: Madam President I have one - De Weerd: Mrs. McCandless. McCandless: Doug do you have any plans on posting rules for the Skate Park there at the park itself? Strong: Yes. McCandless: Okay. Strong: Yes we have to do that I think to make them work. Nary: Madam President. De Weerd: Mr. Nary. Nary: And Doug I would agree with what you're saying in theory. I guess I don't want to - sometimes getting a cookbook out takes awhile but right now, we really need this recipe for that Skate Park to get that done. I hate to hold up everything so that we have the whole bowl of wax first when we do need to address a particular problem especially if we're going to hire somebody specifically to enforce regulations that we haven't put into place first. I agree with what your philosophy is of wanting to make sure we do all of it instead of just a piece of it but I don't want to hire a person when they don't have really a lot of tools to enforce. That trespasses is maybe an interim fix but it's not a great fix so I don't think you want to wait too long to get the rest of what's necessary for it. Strong: I don't want to mislead you to think that we'll have all of it done. What we want is general park rules. When I say general that's general like hours of the park that's opened and things like that. The Skate Park rules would be incorporated into that. The early discussion was to have a separate ordinance ( Meridian City Pre-Council Meeting May 20,2003 Page 16 of 19 for the Skate Park. We didn't want to begin starting to create separate ordinances for everything that took place within a park. We wanted to incorporate them within a general park ordinance so that as we added facilities like Adventure Land Playground and that they can be adopted into the general Park Ordinance as a portion of that ordinance. De Weerd: I guess our message is if you can give this Doug a high priority and certainly communicated the urgency of getting something that can be used now and then be able to separate out the more technical things that are not of the timely nature. Maybe Councilman Bird can work with your group as well just to see if we can give your part-timer even some tools to be a more effective presence in the park. I think that's what Council Member Nary's point is, is once we get a person out there certainly they need to have rules that they can enforce with a presence. Thank you very much. I guess unless we need a motion just go ahead and hire the person you need and let's get them out there. Strong: Thanks. De Weerd: Thank you. Item Number 6 and Council we may want to look at moving our Executive Session to the end of our Regular Agenda in light of the time. Nary: Madam President. De Weerd: Mr. Nary. Nary: I just thought of one more thing. I guess so it is clear on the record for Doug's purposes that we have committed from the Council that the Council's budget will assist funding this particular position. At least through the summer or the remainder of the fiscal year for this pilot position to see whether or not it's necessary and whether or not the hours work and all the other things work. That would (inaudible) clear later on. De Weerd: And in - ***End Of Side One*** De Weerd: -- next week just on our Consent Agenda or during the Finance Report if we can have a total number of what that Variance will be so we know what's coming out of our budget. Strong: A quick calculation shows that if it's a full four months which it's likely not going to be at this point since anybody that we hire would probably either be going to school or back to teaching or something like that. If we paid the full four months it would be just eight dollars over 2800 dollars. That's no benefits or anything else that's just the raw or gross figure. Meridian City Pre-Council Meeting May 20, 2003 Page 17 of 19 De Weerd: Okay thank you Doug. Item 7. Executive Session per Idaho Code ~67 -2345(1 )(b) and (c): De Weerd: Council before we move to six do we want to consider our Executive Session at the end of our Regular Agenda? Bird: Madam President I would vote to do that. Nary: I think that's fine. De Weerd: Okay. Item 6. Discussion of Solid Waste Franchise Issues: De Weerd: Item Number 6 discussion of the Solid Waste Franchise Issues. Mr. Nichols. Nichols: Madam President, Members of the Council I distributed to you I think it was two weeks ago a copy of a recent Supreme Court case that deals with franchises on solid waste disposal. That case calls into question the exclusivity of a franchise. Our current ordinance doesn't say specifically that franchises are exclusive. The issue comes up how do you deal with someone if they come and they apply for a franchise for solid waste disposal. The court opinion does give or affirm the cities authority to maintain standards and regulate the disposal of solid waste. What I would recommend that the Council do is to consider imposing a moratorium for 68 to 90 days as far as issuing any new franchises. During that period of time that staff develop a proposed ordinance changes that would set out the standards that any franchisee would have to meet in order to obtain a franchise. That way we can ensure that everything is done the way it should be and that the city has some control over how solid waste is picked up and disposed of out of the city. That it's done in the right manner at the right times and you don't have 15 different trash haulers picking different days of the week to haul up and down the same street and those sorts of things. De Weerd: Thank you. I think also we would require in this franchise contract or agreement certain things that are not spelled out in our ordinance. It would be beneficial if we did spend some time with that and examine what all we need to do. Any comments? Nary: Madam President. De Weerd: Mr. Nary. Meridian City Pre-Council Meeting May 20, 2003 Page 18 of 19 Nary: Mr. Nichols do you feel that I guess by resolution of the Councilor something we could simply impose a moratorium as you suggest or do we need to have a Public Hearing? Right now, we're not having anybody come in and asking to - in light of that decision coming and asking to do this. Do you think we simply can just impose that? Nichols: Councilman Nary that's a great question and I'm not sure of the answer to it other than I think that there's some plenary authority on the part of the Council to say in order to regulate things if we decide we're going to - we can basically freeze the status quo while we can develop ordinances or regulations. Certainly there's a parallel under the Land Use Planning Act but I didn't look at that one to see if it requires a Public Hearing before you impose a moratorium. I think in that one it's also limited to a certain period of time and it seems to me the 90 days was the max or maybe 180 in that case. I was trying to figure a time period where we could get it done but it was still short enough that it wouldn't create any problems. Nary: Yes. I think I mean there are two different kinds in the Land Use Planning Act. One is an emergency, one is based on a plan, and it just uses the term plan it doesn't tell you I assume it's a Comprehensive Plan it doesn't say specifically. Both require a hearing I mean you can declare it by resolution you then have to set a hearing within a certain time period to allow comment before you actually impose it from that day forward for whatever the number of days that are allowed. This is kind of unique because we don't really have - it doesn't specifically prohibit general moratoriums it doesn't specifically grant such a thing. I guess that's fine. We probably might want to do it by resolution at least and maybe do it by resolution that will allow it with some public to participate if they want to. Someone could be here and ask to speak on it then at least we would have some way to appoint to a (inaudible) if someone were to try to impose some sort of referable believe that that was a reasonable - you have someway to show it at least we try to consider that. That might be a better way to deal with it. De Weerd: Would two weeks for a resolution to be placed on the agenda be a timeframe that is reasonable. Nary: That seems reasonable. De Weerd: Mr. Attorney if we could have a resolution to that matter in two weeks. Sharon if you can make note of that for the agenda. Okay well we will go ahead and move Item Number 7 to the end of our Regular Agenda. I would entertain a motion to adjourn the Pre-Council Meeting. McCandless: So moved. Nary: Second. Meridian City Pre-Council Meeting May 20. 2003 Page 19 of 19 De Weerd: All those in favor say aye. Pre-Council Meeting is adjourned it is 6:55. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: @~:~ ROBERT . CORRIE, MAYOR 6 I $- ItJ3 DATE ATTESTED: May 30, 2003 MERIDIAN CITY COUNCIL MEETING APPUCANT REQUEST June 3, 2003 ITEM NO. Approve minutes of May 20, 2003 City Council Regular Meeting ~ - L.., AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS #iJff~vV Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 20, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: Approve with Amendment 3, Consent Agenda: A. Approve minutes of April 8,2003 Pre-Council Meeting: Approve B. Approve minutes of April 15, 2003 Pre-Council Meeting: Approve C. Approve minutes of May 6, 2003 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: Approve E. Findings of Fact and Conclusions of Law for Denial: RZ 03- 003 Request for a Rezone of 0.35 acres from R-4 to O-T zones for Merlyn Schmeckpeper by Merlyn Schmeckpeper - 230 West Pine Avenue: Approve F. Findings of Fact and Conclusions of Law for Denial: CUP 03- 006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed O-T zone for Sunshine Academy by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue: Approve G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 007 Request for annexation and zoning of 2.223 acres from RUT to C-G zones for Comfort Suites by Kanti Patel - west of South Meridian City Council Agenda - May 20,2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Eagle Road, south of East Magic View Drive on South Wells Street: Approve H. Findings of Fact and Conclusions of Law for Approval: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake Village by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: Approve I. Findings of Fact and Conclusions of Law for Approval: CUP 03-009 Request for a Conditional Use Permit for the development of a rental/restaurant complex in a C-C zone for Hark's Corner by Van Hees Properties, LLC - southwest corner of West Franklin Road and South Linder Road: Approve Amended Findings J. Findings of Fact and Conclusions of Law for Approval: VAR 03-014 Request for a Variance for a Time Extension of Final Plat for Staten Park Subdivision by Doug Campbell - east of North Black Cat Road on West Ustick Road: Approve K. Development Agreement: AZ 01-016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian Storage by Oueenland Acres, Inc. - south of West Overland Road and west of South Meridian Road: Approve L. Approve Beer and Wine Licenses for St. Luke's Regional Medical Center - 520 S. Eagle Road: Approve M. Change Order No.1, Meridian Settlers Park Restroom Building - Golis Construction: Approve N. Change Order No.2, Meridian Settlers Park Restroom Building - Golis Construction: Approve 4. Department Reports: -- Executive Session 5. (ltems Moved from Consent Agenda) 6. Ordinance No. 03-1020 : AZ 01-016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian Storage by Oueenland Acres, Inc. - south of West Overland Road and west of South Meridian Road: Approve 7. Ordinance No. 03-1021 : AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L-Q zones for Central Valley Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: Approve Meridian City Council Agenda - May 20, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Ordinance No. 03-1022 : AZ 02-031 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Approve 9. Ordinance No. 03-1023 : RZ 03-001 Request for a Rezone of 6.95 acres from L-Q to L-Q and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Approve 10. Ordinance No. 03-1024 Adopting the 2002 National Electrical Code and Additions and Exceptions: Approve 11. Ordinance No, 03-1025 Adopting the 2000 Un iform Plumbin~ Code and Additions and Exceptions: Approve 12. Continued Public Hearing from May 6, 2003: MI 03-006 Request for use of Lot 1 Block 2 in Sundance Subdivision for a model/sales office for Corey Barton Homes by Corey Barton Homes - 3590 North Ettay Way: Approve 13. Continued Public Hearing from May 13, 2003: CUP 03-004 Request for a Conditional Use Permit for a childcare facility in an R-4 zone for Buildin~ Bridges Child Development Center by April Reynolds - 3289 North Towerbridge Way: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14, Continued Public Hearing from May 13, 2003: V AR 03-007 Request for a Variance to the parking requirements for Building Bridges Child Development Center by April Reynolds - 3289 North Towerbridge Way: Application Withdrawn 15. Public Hearing: VAC 03-001 Request for Vacation of existing easements on the recorded plat for sewer and water facilities to be replaced with easements recorded by separate instrument for Presidential Subdivision by Quadrant Consulting, Inc. - northeast corner of North Eagle Road and East Pine Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Continue Public Hearing to June 3, 2003 Meeting Meridian City Council Agenda - May 20, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 17, Public Hearing: PP 03-004 Request for Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Continue Public Hearing to June 3, 2003 Meeting 18. Public Hearing: CUP 03-008 Request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 townhomes, 270 apartments, community center, schools and churches in proposed R- 8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Continue Public Hearing to June 3,2003 Meeting 19, Water, Sewer and Trash Delinquencies: Approve - Turn offs 5/21/03 and 5/28/03 20. Executive Session per Idaho Code 67-2345(1)(c): No Decision Meridian City Council Agenda - May 20, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetim:l Mav 20, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:05 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, Sharon Smith, Brad Watson, Gary Smith, Anna Powell, and Dean Willis. ltem 1. Roll call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: Okay. I will go ahead and call the City Council Regular Meeting of May 20th to order. It is 7:05. Deputy Clerk, roll call attendance. Please. ltem 2. Adoption of the Agenda: De Weerd: Okay Item Number 2 adoption of the agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: One change in the agenda that I know of, the Executive Session we have scheduled on the Pre-Council was changed over to this, we were going to do it at the end, but due to circumstances we need to have it -- with Council's permission, have it as Item Number 4, Department Reports. We are assured that it's going to be a fast one, so -- and other than that, that's the only change. If we have to have -- if we have to continue it to another part, we will do that at the end, as planned, but an Executive Session just to take care of this one part of Executive Session right now. With that, ] would move that we approve the agenda as noted. Nary: Second. De Weerd: Okay. All those favor of the agenda as amended, please, say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting May 20, 2003 Page 2 of 51 Item 3. Consent Agenda: A. Approve minutes of April 8J 2003 Pre-Council Meeting: 8, Approve minutes of April15J 2003 Pre-Council Meeting: C. Approve minutes of May 6J 2003 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 03~ 004 Request for Annexation and Zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: E. Findings of Fact and Conclusions of Law for Denial: RZ 03~ 003 Request for a Rezone of 0.35 acres from R-4 to O~T zones for Merlyn Schmeckpeper by Merlyn Schmeckpeper - 230 West Pine Avenue: F. Findings of Fact and Conclusions of Law for Denial: CUP 03-. 006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed O-T zone for Sunshine Academv by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue: G. Findings of Fact and Conclusions of Law for Approval: AZ 03~ 007 Request for Annexation and Zoning of 2.223 acres from RUT to C-G zones for Comfort Suites by Kanti Patel - west of South Eagle Road, south of East Magic View Drive on South Wells Street: H. Findings of Fact and Conclusions of Law for Approval: CUP 03~005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake VillaQe by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03~009 Request for a Conditional Use Permit for the development of a rental/restaurant complex in a C-C zone for Hark's Corner by Van Hees Properties, LLC - southwest corner of West Franklin Road and South Linder Road: J. Findings of Fact and Conclusions of Law for Approval: VAR 03~014 Request for a Variance for a Time Extension of Final Plat for Staten Park Subdivision by Doug Campbell - east of North Black Cat Road on West Ustick Road: Meridian City Council Meeting May 20, 2003 Page 3 of 51 K. Development Agreement: AZ 01-016 Request for Annexation and Zoning of 7.32 acres from County zone to C-G zone for proposed Meridian StoraQe by Queen[and Acres, Inc. - south of West Overland Road and west of South Meridian Road: L. Approve Beer and Wine Licenses for St. Luke's Regional Medical Center - 520 S. Eagle Road: M. Change Order No.1, Meridian Settlers Park Restroom Building - Golis Construction: N. Change Order No.2, Meridian Settlers Park Restroom Building - Golis Construction: De Weerd: Item Number 3, Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move the approval of the Consent Agenda as published. I think we had the -- Powell: Madam President? De Weerd: Anna. Powell: There was a Position Statement received today regarding CUP 03-009. De Weerd: On Hark's Corner? Bird: Hark's Corner. Yes. De Weerd: Mr. Nichols, can we go ahead and enter this in with the amended Findings? [ believe we got amended Findings today. Nichols: Madam President, the position statement addresses some scrivener errors that were clear scriveners errors. Those have been fixed. You have a revised set of Findings, which fixes those scriveners errors, as long as the record reflects that the item that's referred to on the Consent Agenda, as 3-1 is the corrected set of Findings, I think that's appropriate to adopt. De Weerd: Okay. Bird: Okay. With that, 3-1 as adopted the Findings, and for the Council President to sign the Clerk attest on all proper papers. Meridian City Council Meeling May 20, 2003 Page 4 of 51 Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the Consent Agenda with the changes of 3-1. All those in favor say aye. Okay. All ayes. Motion carried. Okay. Item Number 4. Nary: We need a roll call vote. De Weerd: Oh, I'm sorry. Nary: I thought we were just approving the amendment. De Weerd: No. The amendment is included in the motion if you will call roll. Thank you, Mr. Nary. I will admit a mistake when I make it. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: I do appreciate that. MOTION CARRIED: ALL AYES Item 4. Department Reports: Executive Session De Weerd: Okay. Item 4. It's been called for an Executive Session. I would entertain a motion. Nary: Madam President? De Weerd: Mr. Nary. Nary: J'd move that we move to executive per to Idaho Code 67-2345, Subsection 1-B and C. McCandless: Second. De Weerd: Okay. les been moved to move into Executive Session per state code roll call vote. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Okay. We probably will be about 15 minutes. We apologize for the interruption. (Enter into Executive Session) Meridian City Council Meeting May 20. 2003 Page 5 of 51 RECONVENED AT 7:35 P.M. McCandless: I would entertain a motion to take us out of Executive Session. Bird: So moved. Nary: Second. McCandless: All in favor say aye. MOTION CARRIED: ALL AYES Item 5. (Items Moved from Consent Agenda) Item 6. Ordinance No. AZ 01~016 Request for Annexation and Zoning of 7.32 acres from County zone to C-G zone for proposed Meridian Storage by Queenland Acres, Inc. - south of West Overland Road and west of South Meridian Road: McCandless: Nothing was decided. We will move onto the regular session, if the clerk would read the Ordinance 03-1020 by title only. Smith: Thank you, Madam Vice~President. Item Number 6. Ordinance Number 03- 1020 by Queenland Acres, Incorporated. Ordinance Number 03-1020, an Ordinance finding that Queenland Acres, Incorporated, is the owner of certain real property generally located south of West Overland Road and west of South Meridian Road, Meridian, 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 General Retail and Service Commercial District, (C-G), 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 map 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 the Ada County recorded, 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: Okay. You have heard the reading of Ordinance 03-1020. Is there anyone in the audience who would like the ordinance read in its entirety? Okay. Hearing none, I would entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting May 20, 2003 Page 6 of 51 Bird: I would move we pass Ordinance Number 03-1020, request for Annexation and Zoning of 7.32 acres from county zone to C-G zone for the proposed Meridian Storage by Queenland Acres, south of Overland Road and west of South Meridian Road and with suspension of rules. McCandless: Second. Nary: Second. De Weerd: Okay. It's been moved and seconded to pass Ordinance 03-1020, with suspension of rules. Deputy Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 7. Ordinance No. AZ 03-001 Request for Annexation and Zoning of 10.006 acres from RUT to L-O zones for Central Vallev Baptist Church by Central Valley Baptist Church - east of. North Ten Mile Road and south of West Pine Avenue: De Weerd: Thank you. Item Number 7, Ordinance Number 03-1021, request for Annexation and Zoning of 10.006 acres from RUT to L-O zones for Central Valley Baptist Church. If the Deputy Clerk will, please, read this ordinance by title only. Smith: Thank you, Madam President. Ordinance Number 03-1021, an Ordinance finding that Central Valley Baptist Church, the owner of certain real property generally located on the northeast corner of North Ten Mile Road and the railroad tracks, south of West Pine Avenue, Meridian, to be known as Central Valley Baptist Church 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 Limited Office District (L-O) 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 map 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 the Ada County recorded, 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 Ordinance 03-1021 by title only. Is there anyone in the audience who would like to hear the ordinance read in its entirety? Hearing none, I would entertain a motion. Bird: Madam President? Meridian City Council Meeting May 20, 2003 Page 7 of 51 De Weerd: Mr. Bird. Bird: I move that we pass Ordinance 03-1021, request for Annexation and Zoning of 10.006 acres from RUT to L-O zones for Central Valley Baptist Church by Central Valley Baptist Church and for the President to sign and the Clerk to attest, with suspension of rules. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1021, with suspension of rules. Deputy Clerk, roll call. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: All ayes. MOTION CARRIED: ALL AYES Item 8. Ordinance No. AZ 02-031 Request for Annexation and Zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: De Weerd: Okay. Item Number 8, Ordinance Number 03-1022, request for Annexation and Zoning of 39.05 acres from RUT to R-8 zones for the proposed Castlebrook Subdivision No.2, by Crestline Development, LLC. Deputy Clerk, if you will read this ordinance by title only. Smith: Thank you, Madam President. Ordinance Number 03-1022, an Ordinance finding that Great Oaks Water Company, Incorporated, the owner of certain real property generally located at 4000 West Pine Avenue, east of Black Cat Road and south of West Cherry Lane, Meridian, to be known as Castlebrook Subdivision NO.2 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 map 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 the Ada County recorded, 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. Meridian City Council Meeting May 20,2003 Page 8 of 51 De Weerd: Thank you. You have heard the reading by title of Ordinance 03-1022. Is there anyone in the audience that would like to have it read in its entirety? Hearing none -- Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval or Ordinance Number 03-1022, request for Annexation and Zoning of 39.05 acres from RUT to R-8 zones for the proposed Castlebrook Subdivision No.2, by Crestline Development at 4000 West Pine Avenue, east of North Black Cat and south of West Cherry Lane, with suspension of rules. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1022, with suspension of rules. Deputy Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES ltem 9. Ordinance No. RZ 03-001 Request for a Rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: De Weerd: Item Number 9, Ordinance 03-1023, request for a Rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by the Land Group, Inc., north of East Fairview Avenue and west of North Eagle Road. Deputy Clerk, will you read Ordinance 03-1023 by title only. Smith: Thank you. Ordinance Number 03-1023, an Ordinance finding that the owner M&L Limited Partnership of certain real property generally located on the north side of East Fairview Avenue, approximately one half mile west of North Eagle Road, Meridian, has made a written request for a Rezone of the zoning classification for real property which lies within the boundaries of the City of Meridian from L-O, Limited Office, to L-O, Limited Office District, and C-G, General Retail and Service Commercial District, Zoning District, as defined under Meridian City Code Section 11-7 -2G and K, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Meridian City Council Meeting May 20, 2003 Page 9 of 51 De Weerd: Okay. You have heard the reading of 03-1 023 by title only. Is there anyone in the audience who would like to hear it read in its entirety? Hearing none, Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval Ordinance Number 03-1023, request for Rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by the Land Group, north of East Fairview Avenue and west of North Eagle Road, with suspension of rules. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1023. Deputy Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES ltem 10. Ordinance No. : Adopting the 2002 National Electrical Code and Additions and Exceptions: De Weerd: Okay. Item 10, Ordinance -- and I am assuming this is 03-1024? Okay. Adopting the 2002 National Electrical Code and additions and exceptions. Deputy Clerk, will you read this ordinance by title only. Smith: Thank you. Ordinance Number 03-1024, an Ordinance of the City of Meridian, Idaho, repealing Chapter 3, Title 10, Electrical Code of the Meridian City Code and reenacting Chapter 3, Title 10, to incorporate the National Electrical Code of 2002 and additions, with exception of Article 80, providing for penalty, severability, conflict, validity, savings clause, and an effective date. De Weerd: Thank you. You have heard the reading of Ordinance Number 03-1024, by title only. Is there anyone who would like to hear it read in its entirety? I appreciate this cooperative audience. Council? Nary: Only one more to go. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting May 20, 2003 Page 10 of 51 Bird: Knowing that this is okay with the Public Works Department and the engineer and everything and our Legal Department, I would move we pass Ordinance 03-1024, the adopting of the 2002 National Electrical Code, and additions and exceptions, with suspension of rules and for the President to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1024. Deputy Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you. All ayes. MOTION CARRIED: ALL AYES. Item 10. Ordinance No. : Adopting the 2002 National Electrical Code and Additions and Exceptions: De Weerd: Item Number 11, Ordinance Number 03-1025, adopting the 2000 Uniform Plumbing Code and additions and exceptions. Deputy Clerk, will you please read this ordinance by title only. Smith: Thank you Madam President. Ordinance Number 03-1025, an Ordinance of the City of Meridian, Idaho, repealing Chapter 2, Title 10, Plumbing Code of the Meridian City Code and reenacting Chapter 2, Title 10, to incorporate the 2000 Uniform Plumbing Code, including Appendices A, B, C, D, E, G, H, I, J and L, with exceptions to Sections 604.2, not allowing the use of Type M copper pipe, and deletion or additional language to Section 218, Section 420.0, Section 604.1, Section 609.10, Table 6-4 and Table A-2, Table 7-3, Section 703.1, Section 703.2, and 710.5, Section 704.2, Table 7-5, Section 707.4, Section 722.2, 722.3, 722.4, 722.5 and 722.6, Section 807.4, Section 908, and Section 1002.3, providing for penalty, severability, conflict, validity, savings clause, and an effective date. De Weerd: Thank you. Okay. You have heard the reading of Ordinance 03-1025 by title only. Is there anyone in the audience who would like to hear this ordinance read in its entirety? It's an exciting one. Okay. Hearing none. Bird: Madam President? De Weerd: Mr. Bird. Bird: Same thing with the staff and legal and everything, the ordinance okay? G. Smith: Yes. Meridian City Council Meeting May 20. 2003 Page 11 of 51 Bird: I would move that we pass Ordinance Number 03-1025, the adopting of the 2000 Uniform Plumbing Code with the additions and exceptions, with suspension of rules, and for the President to sign and the Clerk to attest. McCandless; Second. De Weerd: Okay. It's been moved to approve Ordinance 03-1025 with suspension of rules. Deputy Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: All ayes. MOTION CARRIED: ALL AYES Item 12, Continued Public Hearing from May 6, 2003: MI 03-006 Request for use of Lot 1 Block 2 in Sundance Subdivision for a model/ sales office for Corey Barton Homes by Corey Barton Homes - 3590 North Ettay Way: De Weerd: Okay. Item Number 12, a Continued Public Hearing from May 6th on a request for use of Lot 1, Block 2, in Sundance Subdivision for a model sales office of Corey Barton Homes by Corey Barton Homes and I will open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, this was continued due to lack of an applicant last time and it was at the end of a long agenda, in case you have forgotten. The applicant is here and, really, there is just a standard sales model home. De Weerd: Thank you, Anna. Is the applicant here? Would you, please, step forward? If you'd raise your right hand. 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? Barton: I will. De Weerd: Thank you. If you will, please, state your name and address. Barton: Corey Barton, 2826 Silverleaf, Meridian, Idaho. De Weerd: Thank you, The reason we asked you is we have staff comments and we like to have the applicant here before we impose anything to make sure that they agree with what staff has written or have any comments or questions. Barton: Any questions? De Weerd: Council? Meridian City Council Meeting May 20, 2003 Page 12 of 51 Bird: Madam President? De Weerd: Mr. Bird. Bird: Mr. Barton, do you -- have you read the comments from our staff and stuff regarding their findings? Barton: I have not, sir. Bird: Okay. Well, there are a couple questions in there that we just wanted to make sure that you felt okay with it. We didn't want to stick somebody with something that they don't want regarding that sales office out there. The time was 718 months to the -- 18-month or 24 months out there. Did you have -- do you have any problems with -- Barton: No, sir. Bird: That's all that Council has asked back is we felt you needed a fair chance to say yea and nay, whether you agreed with it or not. Barton: Okay. I agree. De Weerd: Well -- and I think the change was from 18 months, rather than the 24 months in the written -- Barton: Is it possible to get the 24 months? Bird: Madam President? De Weerd: Mr. Bird. Bird: As Brad Hawkins-Clark explained, I think it comes out to 24 months, even when it does say 18. There was some explanation. Maybe Anna can -- it does come out to 24 months, doesn't it, Anna, instead of 18, even -- Powell: Well, Madam President, Mr. Bird - Council Member Bird, it says 24 months in his conditions of approval. I think the 18 months might have been something else. Had you considered changing it to 18 months? Bird: No. I don't recall us considering changing it, we were just going off of what Brad had said and I -- somehow or other 18 added up to 24. I know I'm not a mathematician, but that was 24 -- Powell: I remember now what the discussion was. I believe they had 18 months to get the model home up and running and, then, they have got 24 months of use once that's -- Meridian City Council Meeting May 20, 2003 Page 13 of 51 Bird: That's it. Powell: So, potentially, if he finished the building next month, then, his 24 months would start from that point, but he's got 18 months to finish construction and get it set up. Bird: And you're fine with that? Barton: Absolutely. De Weerd: Okay. Great. Well, thank you. Any other questions, Council? Okay. Thank you. Okay. It is a Public Hearing. Is there anyone else who would like to testify? Okay. Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we close the Public Hearing for the model sales office for Corey. Barton Homes by Corey Barton Homes on 3990 North Ettay Way. Nary: Second. De Weerd: Okay. There is a motion to close the Public Hearing. All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Okay. Discussion? Motion? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve request MI 03-006, request for use of Lot 1, Block 2 in Sundance Subdivision for a model sales office for Corey Barton Homes by Corey Barton Homes, 3590 North Ettay Way, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, with suspension of rules. De Weerd: You don't-- Bird: They don't need that. Okay. That's it. Nary: Second. Meridian City Council Meeting May 20, 2003 Page 14 of 51 De Weerd: Okay, It's been moved and seconded to approve the request for MI 03-006. Deputy Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES Item 13. Continued Public Hearing from May 13, 2003: 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: Item 14. Continued Public Hearing from May 13, 2003: 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: Item 13 -- if Council doesn't have a problem with it, I would like to open 13, and 14, the Continued Public Hearings from May 13th of CUP 03-004, as well as the Variance for 03-007. We do have some correspondence in front of you tonight received on May 20th by the applicant Tyler Reynolds, requesting withdrawal of his Variance request, so I will go ahead and open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, the issues at the last hearing were largely centered around the Variance request and the parking standards for day cares in our zoning ordinance. After meeting with the applicant, they have decided to pull the Variance request, recognizing that perhaps they don't even need it at this time. What they have asked for -- and also in that letter they have indicated how many full-time students they expect and that's between 111 to 120 and they anticipate having 12 to 14 employees. This would make their proposed parking adequate. The other conditions regarding the driveway entrance and the design of the parking lot would still be necessary, but with -- there is no need to approve the Variance or have a Variance associated with this, They have also asked that as the property to the south of them develops, if they are able come to a shared parking agreement with that property and that property is able to provide excess parking spaces, they ask that they be allowed to expand their facility without coming back to us for a Conditional Use Permit. They are -- they had not indicated a potential cap on exactly how many students they may want under that scenario. That's out there for the Council's consideration. There was also some discussion about -- the footprint they have shown is 6,800 square feet. The original elevations show a two-story building. There was some discussion also about doing a daylight basement, because there is a fair amount of slope on the property. I think the applicant is trying to leave some room there to stay within that general architectural style and principle, but have a little flexibility regarding -- if it's a full two stories everywhere, with a daylight basement on part of it. They haven't got refined Meridian City Council Meeting May 20, 2003 Page 15 of 51 architectural drawings at this point. Again, they are asking for a little flexibility regarding that. That's the end of staff's presentation. De Weerd: Okay. Mr. Nichols, the request to come back -- you know, I guess it would be to amend a CUP, but thafs my layman's interpretation. Could you respond to that? Nichols: Madam President, I think perhaps it might be best to have the applicant tell us what exactly they intend by that provision. I believe Mr. Reynolds is here. De Weerd: Okay. Nichols: On that paragraph and, then, I would be glad to comment after he clarifies it. De Weerd: If you will raise your right hand. 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? Reynolds: I do. De Weerd: Please state your name and address. Reynolds: Tyler Reynolds, 2650 North Chancellery Way in Meridian, Idaho 83642. De Weerd: Thank you. Reynolds: The question was the last paragraph on the CUP application and I put that in there for the -- I guess the easiest way to explain it is to eliminate the need for a full Council process. I don't anticipate going above and I think that's where a lot of the confusion was last time was our intended use and the intended amount of children. Obviously, this is a big building that the maximum cap right now, with construction costs and everything else, was about 8,500 square feet, even though much of it is not really used in the facility. We are trying to design it in case something fails, it can be turned into an office building, but if, in fact, we ever do try to develop office space or what I call the cafeteria into a room, I think we could work with staff or City Planners to say what can we do. We have X amount of parking and a Cross-Parking Agreement, without having to go through the, you know, mailing everybody within a, you know, one mile radius and coming to City Council Meetings and everything else, I could actually go and negotiate it on, you know, kind of appointment type times, instead of going through the whole process over again. That's just where that came in. I don't foresee saying, hey, let's, you know, separate this building and do, you know, more than what we are asking for, just, ideally, I think it's just as easy to say, hey, the Cross-Parking Agreement says we can have X amount of spaces. You guys think that that would let us take on more kids, you know, and go from there, without having to go through the time and expense and application fees and everything else. I'm just trying to avoid doing something twice. Meridian City Council Meeting May 20,2003 Page 16 of 51 De Weerd: Thank you. I guess, Mr. Nichols, my question is right now we would be capping it at a specific number and if you have a specific number in there and they want to modify it, the number, can the process be superceded? Nichols: Madam President, Members of the Council, there are a couple of things that-- I'm not sure you can do it this way, I think for a couple of reasons. One is just tying the future user expansion to parking spaces may not be an adequate -- I mean that may not be enough. Secondly, as far as a different use, potential different use, that might be somewhat accommodated, because it was a -- I'm reading from the recommendations-- it's an R-4 zone. It's been modified by an approved Planned Development permit, which allows uses other than those typically allowed in an R-4 zone, as long as a Conditional Use Permit is obtained for all uses allowable in the L-O zone, including those requested by the applicant. It sounds to me like if you're going to do something additional besides the day care, you would have to come back for a CU anyway, regardless if you had acres and acres of parking, because it's not just the parking itself, there are other issues involved. I think, although I can understand your desire to do that, it's more than just parking spaces that goes into these decisions and it's possible by the time you get this up and running maybe the code will be changed and you don't have to come back for a CU. At this point that's the way the code reads and given the. Planned Development aspect of this particular parcel and what's around it and the rest of it, I would be reluctant to recommend that the Council include something that just simply ties expansion to the number of parking spaces. That may not be adequate. Nary: Madam President? De Weerd: Thank you. Mr. Nary. Nary: What Mr. Reynolds, though, is -- I guess is asking is pretty limited. I mean from what I understand from what you're saying, Mr. Reynolds, if you're able to work out these shared parking agreements that we had talked about and if my recollection serves me from what we talked about last week, it was three space -- one space per three people, whether it's a child or worker? Powell: It's one space per 10 children and one space per employee. It works out to about two spaces per ten kids or 10 to 12 kids. Nary: Okay. Because I was thinking if we could create a -- whether Mr. Nichols thought we could create a very limited ability to expand based only on this use, no other additional use, not office building use or anything like that. It sounded like what you were wanting was simply to say if you could workout the parking to comply with the city -- the current city requirements for parking. Then, you could expand the use for just the number of children in relation to those parking spaces and that if we can -- we normally do have a cap, but right now, the cap is about 135, if I'm reading that right. Powell: Correct. Meridian City Council Meeting May 20, 2003 Page 17 of 51 Nary: Okay. It would allow him an increase of a percentage of use or up to an additional 50 children, as long as they have adequate parking from the parking requirements. Reynolds: And, honestly, kind of -- I guess I'll give a quick explanation. The hard part with a business like this is if you were doing all infants it's one teacher per four, if we did it the way we wanted or one per six. If we did five year aids, it's one teacher for 25 kids. You say, okay, this is the amount of teachers I have and this is the amount of students I would have, so numbers vary greatly depending on what your goals are and what's popular this year and, you know, three years from now and, you know, what I guess population wise was happening. We took what our goal was, you know, the amount of ones, twos, threes, infants, and when I broke it down on the business plan, it was kind of funny, because as far as full-time students. There is nowhere near the amount that the facility would hold and I guess I explained to Anna earlier, I started this project with two people doing it and now it's just one. I'm a little behind the curve and so I have to refer back to some of the notes, but when I broke it down, what just kind of made sense to me is with writing this agreement with the developer and saying, okay, right now we already, with the size of our building. We can hit, you know, 24 more kids than even initially planned if we have goal rations. I think, well, geez we're already meeting that. goal. Unfortunately, there was a misunderstanding on how many we were going to do. If, in fact, we ever want to go larger, since we do have a larger building, we would have to share or give a shared parking agreement or a shared parking access, I can't remember how it's termed. We did talk to him and he said, yes, we can work that out, we kind of need to know and that's where we would write it up, submit it to you or submit it to staff for their approval and say, yes, we think that's -- according to the ordinance that would work, saying, you know, we are a dentist office that needs six parking places and have, you know, 25. Well, anything above 135, the one per, would eventually cap us out whatever, you know, their available parking would be and the new property owners at peak times. It was, you know, how do you guess, but we would still, even in the parking agreement, have a cap to say, well, we can only steal so many of your parking places between this time, this time, and this time or, you know, two to possibly three peak periods. That's where I put it in the very end. You know, the Fire Department, really, by everybody I have talked to, said they are the hardest ones that are really going to critique it. They have to come and certify your building and say your building will hold X amount and they are the ones that are saying, well, we prefer a 29- foot aisle, instead of a 26-foot aisle. Well, if they are going to be that tough and it's up to them anyways what our building was, well, I figured just logically they would say 150 max, no matter what. Here is what your parking says and we have got the 135, is it would be 15, according to what the new owner of, you know, the property just south of us would be. I was trying to put in there -- I'm not trying to get around anything, I just, honestly, said, gosh, for 15 kids, you know, I have got a year until I pay that back. I have got to, you know, hope that these kids stay enrolled long enough to do that and I don't know that I'm going to be in the day care business forever. I'm trying to design a building that, eventually, it could be used as an office in case, you know, the day care industry flops or, you know, my kids go to college and I don't want to be in it anymore, you know, and at that point any use -- I mean we are the -- you know, obviously, the Meridian City Council Meeting May 20, 2003 Page 18 of 51 most intense use of parking of just about everything, landscaping, all the way down, you know, with this property, so I think that no matter what we changed it to, we wouldn't have anything to fight, it's just if, in fact, we ever decided to grow and that's where I was trying to just say, you know, I don't know starting this from ground one, like everybody else. De Weerd: Right. Bird: Madam President? De Weerd: Mr. Bird. Bird: I have a hard problem and everybody up here knows how I like CUPs. I just have a hard problem of tying future Council's hands to an agreement like this and I just don't think you do something -- I mean we are talking about a business that's going to go in here, he just stated he didn't know if he wanted to stay in this business that long and, then, we get into other kind of things. I believe we just take it as -- for what it's being built for right now and my philosophy is just put it in like that and if it works, it works, if it don't and if he needs to come back, he can come back for another CUP. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: I was reading this paragraph as, you know, being all-incfusive to all Conditional Uses and being able to change it around. Councilman Nary, if J understood your comments, what you're saying is perhaps you might support a situation that if he's going to add any students above 135, that he has to show adequate additional parking to handle the additional staff and the additional students by obtaining parking through a Cross-Parking Agreement or some other method. That if he brought something to staff, he could get a Certificate of Zoning Compliance and be able to have more students, we would write into the Conditional Use Permit to exceed 135 students he would have to do X, Y, Z, show an adequate parking for those, and satisfy any other code provisions that would pertain to that. Is that what you had in mind? Nary: Madam President. Yes, that's what I was thinking is that we could create something very narrow, just to deal with that particular issue. Then, he can provide -- we wouldn't look at Variances, we are looking at simply compliance and still have a cap, but I guess I'm a little interested in Mr. Bird's point of view, which is -- normally, in Conditional Use Permits we are dealing with now. What is it you intend to do now, not what you might do two years from now or three years from now. We don't normally try to incorporate everything that could possibly ever happen. I think normally when people come and need a Conditional Use Permit, for example, to have a drive-thru, we don't try to create it so that they can figure out whatever they want to do in the next two years, we say here is your limits and do with -- live within those limits. ] was thinking of trying to just basically change the limit. His current amount is 135. What I was hearing you Meridian City Council Meeting May 20, 2003 Page 19 of 51 saying is your livelihood or potential is, really, 150 or 160 and so alii was trying to figure out is can we fashion in the conditions that to exceed the 135 currently. You still have to comply with all the City Codes requirements for the Fire Department, as well as parking requirements that exist, and provide proof of compliance with all of those to exceed the 135 that are presently allowed and would that be adequate. I mean can we do that as a defensible type of -- Bird: I misunderstood you -- Nary: [think that seems reasonable to me. That still doesn't allow anymore than what he's trying to use, other than providing him an avenue to increase it in very small increments, as long as it provides that, but I don't know if -- Reynolds: Yes. I think you and I are actually -- I think you and I are on the exact same page and that's alii was trying to get in here is, you know, not in the future I want to turn it into a -- you know, something the size of the mall, as much as in -- you know, right now I'm more than in agreement with what is already stated. Now is, obviously, the time if ['m going to get a Cross-Parking Agreement to do so. Then, when [ do get that and sign -- I mean we have already started it, it's just I, honestly, couldn't get everything. done, typed up, and brought here tonight saying these guys will give me X amount. If I turn that into you and say according to this part of this Cross-Parking Agreement, if, in fact, we do end up having, you know, a set of triplets that is going to affect our ratios, then, we do have a safety clause that will allow us to go up to 150 kids. I was just trying to put a clause in there -- I mean it doesn't -- it's not a deal breaker for me, I was just trying to make it to where, you know, two years from now I don't have to go, hey, can I have three more kids. I -- you and I are -- I think what you're saying is what I want to say I just have a harder I'm saying that. Nary: Madam President, what [ was thinking we had -- if memory serves me, we had a situation with a CUP for expansion of the church on Meridian Road and we allowed -- we limited the size of the number of people allowed. We allowed them to have that expansion of people when they got their parking done so that we gave them some room to say once you get that done. Then, you will have adequate spaces, therefore, you can have the expanded use of the facility and that's what I was thinking is some way to fashion that kind of thing and not an unlimited amount. I mean I still would rather have an upper limit of -- whether it's 150 or 160, so that we have something that a person could look at and say, okay, it's still around 160 children in this facility and with the appropriate number of workers. The number is a moving target and I understand that. If you have 160 infants, you need more workers, than if you have 160 eight year olds. I recognize that. There is some moving target there, but you still have to comply with all the parking requirements. I was just trying to at least give them some room to allow them to purchase or work out an agreement and so effect what they'd like to do without it really requiring a tremendous amount of time and effort and a new hearing just so we can foresee a small amount of difference. Meridian City Council Meeting May 20, 2003 Page 20 of 51 De Weerd: Yes. I guess the question is to Mr. Nichols, though, then, is how that can be phrased. Nichols: Madam President, Members of the Council, I would suggest that we -- we can approve this -- not we, you. You can approve, if you choose, the Conditional Use Permit application as presented with the parking spaces as presented, with the provision that he has an upper end cap of 160 students, provided that any increase in students above 120 -- no, 135, excuse me. Anything above 135 would require submission or proof to the Planning Department of adequate parking to accommodate additional students and staff . Nary: I n compliance with all the applicable codes and -- De Weerd: And, Anna does that work for you and your staff? Powell: Yes, it does. It's just basically phasing the development, with phase one being 135. De Weerd: Okay. Well, this was continued on the Public Hearing just basically about. this one issue. Are there any other things in the recommendation from Planning and Zoning, staff comments that you need to address? Reynolds: Not that I'm aware of. I went over it with the gentleman that I have been working with and a couple things were just kind of a mistake on the draftsman, we are fixing a spot here and there and, according to him, we are -- there is nothing other than that. The whole parking Variance was a misunderstanding or a complete mess up in communication. That's, honestly, where the future idea of the parking Variance, when I said, you know, I think we are ready to get this done, is because somebody somewhere said that we are going to have 200 kids and I got a business plan that says that's not even close. You know, I can't find anything in any papers that I have at home that I have a problem with at all. De Weerd: Okay. Staff, did you have anything that needed to be specifically addressed? Okay. Council? Okay. Thank you very much. Okay. It is a Continued Public Hearing. Is there anyone else who would like to testify? Okay, Hearing none-- Powell: I'm sorry. De Weerd: Anna. Powell: I went back and looked at my notes. Sorry to interrupt but before you close the Public Hearing, we did have a site-specific requirement number two. We did ask that that be modified, so that the drive aisle was 25 feet wide and shall align with the driveway on the east side of Towerbridge Way. Meridian City Council Meeting May 20, 2003 Page 21 of 51 De Weerd: Okay. Thank you for that reminder. Okay. Council, I would entertain a motion to close the Public Hearing. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing CUP 03-004, the request for Continual Use Permit for a childcare center by Building Bridges Child Development Center and also VAR 03-007, the Variance request for the parking requirements for Building Bridges Child Development Center. McCandless: Second. De Weerd: Okay. It's been moved and seconded to close Items 13 and 14. All those in favor say aye. Okay. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Discussion? Or motion? Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval of CUP 03-004, 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 3189 North Towerbridge Way. To include all staff comments and I'm not going to try to necessarily repeat the same finding, but that also that amending site-specific requirement number two that the drive aisle be modified for a 25-foot design and that it also be aligned with Towerbridge Way or-- Powell: Correct. Nary: Okay. Towerbridge Way and that, also, that the CUP reflect that the current Site Plan indicates the capability of 135 full-time students and that to increase up to 160 students will require the developer to provide compliance -- or proof of compliance with city parking and fire code regulations. Whether by purchasing property or whether it is a shared Parking Agreement, to provide adequate parking for the number of students in excess of the 135 that's currently allowed by the Site Plan, include the rest of staff comments and for Council to prepare Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Meridian City Council Meeting May 20, 2003 Page 22 of 51 De Weerd: Okay. It's been moved and seconded and I will not even attempt to repeat it, but it's regarding CUP 03-004, and if there is no further discussion, I will ask the Deputy Clerk to call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Okay. Item 14 has been withdrawn. It's obsolete. We don't need any motion to -- in regards to that item, do we, Counsel? Nichols: Madam President, I think, typically, the Council has made a motion to accept the withdrawal, so that it's of record and action taken. De Weerd: Thank you. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we accept the Variance, VAR 03-007, the withdrawal of the Variance for Building Bridges. Nary: Second. De Weerd: Okay. It's been moved to accept the withdrawal of Variance 03-007. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 15. Public Hearing: VAC 03-001 Request for Vacation of existing easements on the recorded plat for sewer and water facilities to be replaced with easements recorded by separate instrument for Presidential Subdivision by Quadrant Consulting, Inc. - northeast corner of North Eagle Road and East Pine Avenue: De Weerd: Item 15. Request for a vacation of existing easements on the recorded plat for sewer and water facilities to be replaced with easements recorded by separate instrument for Presidential Subdivision and I will open the Public Hearing with staff comments. Watson: Thank you, Madam President, Council Members. This is a fairly simple application. It involves the vacation of the water and sewer easements in Presidential Subdivision along Eagle Road. Those facilities are in place. They have provided replacement documents for our review to prepare replacement easements. That has not formal]y occurred yet. If this is approved, I would request that it be approved and Meridian City Council Meeting May 20, 2003 Page 23 of 51 subject to the applicant providing signed easements. That's all I have. It's pretty straightforward. De Weerd: Okay. Council, any questions? De Weerd: Is the applicant here? 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? Simons: I do. De Weerd: Please state your name and address. Simons: Andy Simons, 2700 Airport Way, Boise, with Rocky Mountain Management Development. Quadrant Consulting prepared this application on our behalf. They couldn't be here tonight and I concur with staff and will answer any questions that you have. De Weerd: Thank you. Are there any questions? Okay. Thank you. Okay. This is a Public Hearing. Is there anyone else who would like to testify? Okay. Seeing none,. Council, you would like to close the Public Hearing? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we close the Public Hearing VAC 03-001 for Presidential Subdivision by Quadrant Consulting. McCandless: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Do I have a motion on this item? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve VAC 03-001, request for vacation of existing easements on the recorded plat for sewer and water facilities, to be replaced with easements recorded by a separate instrument for Presidential Subdivision by Quadrant Consulting, Incorporated, on the east corner of North Eagle Road and East Pine Avenue. To Meridian City Council Meeting May 20, 2003 Page 24 of 51 incorporate staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusion of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the request for vacation. Do we take roll call on this? Deputy Clerk, Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES Item 16. ltem 17. Item 18. Public Hearing: AZ 03-006 Request for Annexation and Zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Public Hearing: PP 03-004 Request for Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Public Hearing: CUP 03-008 Request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 town homes, 270 apartments, community center, schools and churches in proposed R- 8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: De Weerd: Item 16, 17, and 18, if Council doesn't have a problem with that, I would like to open all three Public Hearings for AZ 03-006. Request for Annexation and Zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for the proposed Paramount Subdivision. PP 03-004 request for Preliminary Plat of 764 building lots and 37 other lots on 392.17 acres in the proposed R-8, R-40, L-O, and C-G zones for the proposed Paramount Subdivision. Item 18, CUP 03-008, request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 townhomes, 270 apartments, community center, schools, and churches in the proposed R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision. Open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, my staff convinced me, since there was only one item, really, of consequence on the agenda that I could fly solo today. It wasn't until after that that I found out it was the biggest development that has ever gone on in Meridian, but -- so forgive me while I muddle through this a little bit and try to get Meridian City Council Meeting May 20, 2003 Page 25 of 51 up to speed today on everything. As you can see on this site, it encompasses nearly an entire section of land. It's bounded by Chinden to the north, Meridian to the east, and Linder to the west, and McMillan to the south. It's predominately in agricultural production right now, as you can see. There are -- as you saw in the one before it -- I'm sorry, there are all the new developments for the north Meridian area shown, so that you can see it and how it connects, especially to Lochsa to the west. They are proposing a number of zones within the Planned Development, rather than just apply a residential zoning to everything, they have asked for Variance zones as part of their use exception and those zones would be R-8 for the residential, as well as R-40, light office, general commercial, and that's it. Okay. Here is an overall view of the development. I'll start over here. As you come in there will be general commercial area here and, then, apartments rimmed around there. This is kind of a village area, a combination of retail and light office. There are townhouses here, as well as here. There is a -- there is a difference in the architectural style between those townhouses. We consider them all just townhouses, but they will have some information on the different housing product types that will be in there. These are detached -- come back, arrow. Where are you? There we go. These are also alley-loaded, single family homes and, then, you get into the traditional single-family homes around it. This is an open space, another sizeable open space, and yet another open space. This is the elementary school site. You will . notice it's open to the street on two locations and, then, you have houses flanking it on another two locations, but it will be a very visible, very open part of the community. It's connected by an open space to the community center, which will have meeting rooms and workout rooms and similar facilities. This, again, is residential through here. We have got a couple ponds here for the irrigation system. There is linear separated pathway that extends all along here and down here and, then, up through here, I believe, and also going to the north. These are single-family homes through here. This will be a lot in the subdivision, but they don't have the -- it will just be a single lot at this point. They are asking to have it zoned to R-8 and, then, they will come back with a different Preliminary Plat that will re-plat that lot, basically. This is the high school site right here and, then, below that is a proposed -- another retail and office use with more of a predominance on the retail. Then, as we go through you can see more detailed areas of these again. You can see the differentiation on the townhouse lots and the size there will be like carriage houses or row houses, This is the area that's the large lot that will be -- come in for further Preliminary Plat work. There is one item here that ACHD has asked them to remove the -- there is a little island -- a little -- this little -- called a -- no. This is a little roundabout and they have asked them to remove the center island from that roundabout because of safety reasons, I believe, and I'm not sure -- this is a revised Preliminary Plat from the Planning and Zoning Commission. I'm not sure if the applicant has decided that they want to argue for that or if that was just forgotten to be removed. The applicant needs to address that. I didn't have a chance to ask about that. This right here is the one and only knuckle. In this subdivision there are no cul-de-sacs. There are -- and this is the one and only knuckle. They did, thankfully, put a landscape island in it and I appreciate that fact. There is the high school site and, then, their retail use here at the intersections again. All the commercial uses would need to come back in for detailed Conditional Use approval for the detailed Planned Development. There, again, is the overall site. As far as planning goes, our comments Meridian City Council Meeting May 20, 2003 Page 26 of 51 are very limited. They discussed at length at the Planning and Zoning Commission the location of additional stub streets. They came to an agreement on those stub streets and the applicant has submitted a revised drawing with those stub streets on it. Again, very thoughtful, very considerate design, that is -- obviously, they took a lot of time and care in coming up with this design and making a community out of it with the integrated open spaces and school yards, the community center, the pathways, the variety of housing types and relationship of the retail, particularly in these areas here, as they relate to the commercial and, oh, this is an LDS stake center. I'm sorry, and another light office. There is a little seminary lot right here right next to the high school. Also particular care with how these relate -- uses relate to one another. The one remaining issue out of Planning and Zoning Commission that was not resolved was this site here. Because it only shares a small connection with the high school and they are using the use exception on this lot, it was the consensus of the Planning Commission that that lot should be removed from the development. The idea of the use exception as it relates to a Planned Unit Development is to incorporate those uses into the design of the community. You see a perfect example of how to do that here and we don't want to minimize that they have done that here and here, but that this, really, is serving a much different type of commercial need than the others. This is serving the needs of the people passing by on these section line roads, so the Planning and Zoning Commission. did ask that the revised Preliminary Plat remove that lot. The applicant has chosen not to. There are other issues concerning easements and that will -- I will let the Public Works Department address. I do want to point out for you that there should be in your files a detailed letter produced by Bruce Freckleton and David McKinnon on May 15th that specifically addresses the revised Paramount Subdivision Preliminary Plat and how it related to what was approved by the Planning and Zoning Commission. You also have in your packet the revised staff report with -- addressing the changes proposed by PZ and how those address the findings and the conditions of approval. With that, I'm going to turn it over to Brad, unless you want to ask me questions now, but I think you probably need to talk to Brad. De Weerd: Brad. Watson: Thank you, Madam President, Council Members. If you've read the minutes of the Planning and Zoning Meeting and the voluminous correspondence in the files, you will see that the issue of a sewer easement is attracting a lot of attention. Our staff comments recommended that a sewer easement, both permanent and construction easement, be provided with the annexation of the whole project all the way through to Meridian Road. There has been correspondence back and forth speaking to Constitutionality, if that's a word, and I don't know anything about that. I'm just going to give you our take as sewer guys, I guess. The reason that we put that into the staff report is that so properties upstream could develop or the city could come in and construct a sewer all the way through the upstream section. One of the letters in the file speaks to the public city getting involved in the private market. I think that's what we do all the time we are planning for private development. We very rarely plan sewer to serve ourselves. We really don't have any loyalties to any landowner to any developer we are just trying to put together a system in a logical manner. One of the things that I Meridian City Council Meeting May 20, 2003 Page 27 of 51 guess I'd like to point out for you tonight is what happens or what could happen if we don't have that easement, just from a sewer point of view, nothing -- nothing from a legal point of view, certainly. Some of the documentation talks about this development taking maybe seven years, maybe more. The applicant is proposing to grant sewer easements with their Final Plat as they progress from west to east. I haven't looked at the Phasing Plan real close, but it looks like the east side is probably close to the end, where that sewer would be provided. What I envision happening over those next seven years is properties upstream coming to me asking about the possibility of a lift station. Ultimately, those come to you with a recommendation for approval or denial. Either way, Council ends up deciding. It's pretty well known our attitude about lift stations. That aside, all those lift stations would be required to pump south into the White Trunk service area. Today that's probably fine, that would probably work. There is a lot of capacity. By looking at this map, you can see how much of that has already been approved and how much is developing. There are not a lot of white spots left up there. I get into this juggling act trying to figure out if lift stations up there would work, the timing, compounding the problem is we have the Vienna Woods lift station that exists on Locust Grove Road that, ultimately, will go into the North Slough, if it can get from Meridian Road to Locust Grove Road. It will be turned into the White Trunk here very shortly. The other thing that's going on is the annexation paths to that area around. Edinburgh and Vienna Woods are becoming a reality with Quenzer Commons coming up to Locust Grove Road. There are quite a few parcels in there that -- well, the dominoes could fall very quickly. There have been landowners and speculators, potential developers in our office over the last couple of months looking at those properties. The interest is definitely there in the North Slough -- upper North Slough service area. If it comes to be that sewer access to the North Slough can't be given in a timely manner or as fast as those upstream properties want it, we are, again, faced with the -- with two options. We either let them build a lift station -- I will back up a little bit. They can go to this developer and try to negotiate sewer easements. Having been in the sewer easement negotiation process for three or four years, I know how that goes. We spoke about that a little bit earlier, this evening at Pre-Council. If that fails, the easiest thing for a developer to do is to simply try to build a lift station. Those are relatively cheap when you're talking about a half-mile of sewer easement. We would have two options. We could either say, yes, let's go with a lift station, that causes problems for your staff, both in review time, operation, maintenance, it could impact development within the White Trunk area. If it's not approved, then, there is no service access to that whole square section. Just last week we had a developer in front of you requesting water service in that square section -- that square mile. Also, the issue of dry land sewer came up and he pretty much point blank said if you don't give me water service, United Water is right across the road. I think we will see proposals like that. United Water providing water service or we get back into where we were two years ago with the private sewer systems. That wouldn't conform to our Comprehensive Plan, so I don't know that there is any way that those can be approved, but, again, speaking as a sewer guy, that's what I see, that's what I hear coming through the door. One of the things, perhaps, we could do is try to negotiate these easements prior to some stage of this annexation or maybe if the easement can't be obtained all the way to Meridian Road, we only annex what can be provided at this time. I guess a third option is that the Meridian City Council Meeting May 20,2003 Page 28 of 51 City Council decides that this North Slough Trunk area or trunk project is a priority and we budget for it and make that a city project and maybe that would force the issue. I don't know. Again, those are just engineering thoughts, sewer guy stuff. No legalities here. Again, we are not looking out for private interest or a specific private interest, we are looking out for a multitude of private interests. That's our function, I think and 1'1[ leave it at that. De Weerd: Well, we appreciate you're looking at the public interest. Council, do you have any questions for staff at this time? Okay. [t is a Public Hearing. Is the applicant here? We don't need to time you, do we? Wardle: Before you swear me in, let me get set up first. De Weerd: I do need to swear you in once you're ready. I guess it was my way of saying brevity is appreciated. 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? Wardle: Yes. De Weerd: Please state your name and address. Wardle: Mike Wardle, 4940 East Mill Station Drive in Boise. De Weerd: Thank you. Wardle: And I hope that I will be brief this evening. I suspect there are other issues that wil[ take more of your time. I have given to each of the Council Members a packet that has several items in it. There are only four -- or, excuse me, four graphic slides that come under just a copy of those slides that will be shown here in a moment. Interestingly enough, those same slides are also in a color handout for each, including the master plan. The second, Exhibit B, is the exhibit that we worked from at the Planning and Zoning Commission that showed the issues. Exhibit C is, actually, the final revisions that were submitted to the city staff as a result of the decisions made by the Planning Commission. Two other pieces of paper are included in that packet and one is simply a summary of the conditions. The second one is a brief discussion of the staff memo that was referred to just a moment ago, dated May 15th. In brief, I just want to -- Anna, if you would go -- and I appreciate you pushing the buttons for me this evening. I appreciate Anna's comment about the character and quality of this project. Quite frankly, we are excited about it, because it is a fully integrated community in terms of placing the elementary school at the heart of the neighborhood. It's got green space around that's very close to each of the neighborhood elements. The high school, which is, obviously, a much larger facility is located on the arterial on Under Road, but the way that this property functions or this project functions, we don't have large, bisecting collector roadways. The traffic build up will occur at the outside edges, but this will be a safe walking community in which the children will be able to go to the focal point of that neighborhood, which is the elementary school. The services are located such that, Meridian City Council Meeting May 20, 2003 Page 29 of 51 obviously, with the one exception that we will talk about in a moment, but the services are located so that they can all be accessed anywhere within this section without having to go to the arterial to get to them. In terms of the conditions, I just want to go very briefly through the items that I have presented in that first page, the first single page, talking about the annexation issues for the -- that particular file, AZ 03-006. It refers to the conditions in your staff report, Conditions A, one, two, and three, which are on Pages 2 and 3 of that staff report, we are in full agreement, no issues related to that. Condition 4 the sanitary sewer easement will be discussed at length by others here this evening. I do want to identify that David Turnbull and Greg Johnson, the owners of the project are here, Gene Smith, Engineering Northwest, is here, has designed the subdivision, and Joann Butler, Legal Counsel, and there will be some discussion by some of those individuals in a few moments. Condition A-4 is the sanitary sewer easement and, obviously, we are requesting deletion of that condition. Condition A-5 relating to -- this is Lot 57, Block 3, we are requesting deletion of that condition and go on to the Preliminary Plat issues. It really comes down to the same conversation, the sanitary sewer easement question, Condition B-1 on page two of that staff report, we would request deletion of the second paragraph, which calls out for that specific requirement to carry the easement initially with the very first phase of the project onto Meridian Road. We agree with Conditions 2, 3, and 4. We have complied with. Condition 5, relating to the irrigation requirements. We agree with 6 and 7. We have realigned the intersections at the north to comply with the requirements. The street stubs have been addressed and provided. The micro path in Condition 10 has been provided. In fact, Anna, if you would go to the third graphic -- there we go. This is a summary of those, back to the intersection, that intersection alignment. The micropath that was requested has been included. The street stubs, all of those that are identified in orange -- and this is on your Exhibit C -- are the ones that were added at the request of the Planning Commission. Those that are shown in green were those that were already in place. This also relates back to the irrigation question where all of the irrigation alignments necessary to trans -- to transfer that water from existing locations to the downstream users are identified specifically. Condition 11 relates to notes that were not included in the revised Preliminary Plat, but staff knows that they need to be and we concur that they will be added at Final Platting, A new phasing plan has been provided and shown on the revised plat and we agree with Conditions 13 and 14. On the Conditional Use Permit, there, again, is the Condition B-1 on Page 2 of that staff report is the sanitary sewer easement question. We agree with all of the other conditions of that recommendation. I want to take just a moment to go to the second loose page there that is the applicant comments on the May 15, 2003, staff memorandum. They talk specifically about Condition Number 5, which relates to the irrigation issue. In their discussion they note that we have not complied, but I want to read into the record that condition and simply note that we have complied with everything that has been requested. That condition was revise the Preliminary Plat to show how all existing irrigation and drainage ditches are to be treated. All the irrigation ditches, laterals, or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the parcel shall be filed per City Ordinance. Plans will need to be approved by the appropriate irrigation and drainage district or lateral users association, with written approval or non-approval submitted to the Public Works Meridian City Council Meeting May 20, 2003 Page 30 of 51 Department. If lateral users association can't -- approval can't be obtained, plans will be reviewed and approval by the Meridian city engineer prior to Final Plat signature. The revised plat shall be submitted to the Public Works Department for review at least ten days prior to City Council Meeting for this project. All of that condition and the requirement have been met. Our engineer Mr. Smith reviewed the irrigation drainage facilities with Settler's Irrigation. The routing alignments have been determined and shown on the plat. Staff, in talking about easement issues, is, actually, introducing a new requirement and according to the testimony that was provided at Planning and Zoning, these ditches in the Settlers District do not have defined easement widths. The level of information that we have provided is sufficient for Preliminary Plat approval and the specifics will addressed at Final Plat, just as in all other projects. I want to know that the city is protected. There are conditions in the annexation, in the Preliminary Plat, and in the Conditional Use Permit that all specifically require compliance and those can and will be complied with. As noted, Condition 11, all of the notes required will be put on the Final Plat. The last item that I really want to speak to is the commercial site, which is the Lot 57, Block 3, and this, essentially, comes because -- this more clearly shows the high school layout. Obviously, if we hadn't worked through the site issues with the school district to secure that high school site, we would have had a fully integrated corner parcel. There are conditions in the annexation and in the Conditional Use Permit- that require that all of the retail, office, multi-family parcels come back through a detailed Conditional Use process in the future before any development will be approved or can occur. We suggest that the city is not taking a great risk, because this same parcel would be subject to that condition and the issues of integration into the rest of the development and the adjacent properties that, certainly, at some point will be developed, can be addressed. Obviously, if the Council agreed with that position, we would ask that you delete Annexation Condition A-1, Preliminary Plat Condition B-1, and approve the inclusion of that parcel in both the annexation and Preliminary Plat. I think the last item that I will defer to our other team members is the sanitary sewer easement. You have, hopefully, a copy of a letter that was provided to the Council, dated May 15, 2003, from Joann Butler, our Legal Counsel. That talks about the issue at great length and with that I will defer and want to note that Mr. Turnbull, probably, will make some concluding comments, either at this point or in rebuttal at the end of the hearing. I appreciate your time and we would be happy to answer questions if you have them of me. De Weerd: Council, are there any questions at this time? I do want to note that we do have a letter on record from a George Boyack and it is date stamped May 20th. Do you all have that? Wardle: Do you not have the letter from Joann Butler? Okay. Thank you. De Weerd: Okay. We will give you five minutes. Butler: Okay. Joann Butler, 251 -- oh, I'm sorry. Meridian City Council Meeting May 20,2003 Page 31 of 51 De Weerd: Do you promise and affirm the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Butler: I do. De Weerd: Thank you. Please state your name and address. Butler: Joann Butler, 251 East Front Street, representing the applicant. Mr. Wardle said I went on at great length. I hope that in my letter I was able to give you the other legal aspect to this issue. We really do appreciate what the sewer guys have said. They have raised engineering issues that they have faced on other public projects that the city has had before it and although we do appreciate it, we also understand that we need to balance our zoning decisions based also on the legal decisions specific to that particular project. I'll try to summarize that letter just briefly. I'd also appreciate it if the Council would ask any questions. As I was putting this letter together, I realized I'm writing something that is all -- is at once difficult and simple to write, because all I'm talking about here is fairness, which is just always asked of a city when it is putting conditions on a development. What is fair? Because fairness is just another word for due process and just another word for Constitutionally valid, and when the conditions. are fair and that means legally, what's reasonably related to the needs created by that particular development, then, your conditions, if it were ever to be challenged, would be upheld and that's what we are asking for today, The needs created by this development -- as I mentioned in my letter, it almost goes without saying, the easements and the mains that you require are going to be provided each step of the way as this project creates the need. On the other hand, the things that the staff is talking about, the fact that there are other properties north, east, elsewhere, they may develop and they may create a need outside of this development. That's a more general public need that needs to be addressed by the public. What the Supreme Court, not only in the U.S., but in Idaho, says is that what we look to see is whether or not the zoning conditions fairly make this applicant provide for their -- what they create, the needs that they create, and what the Supreme Court says is that we are trying not to Constitutionally force individuals to bear public burdens and that's all we are saying in this case. It's just an issue of what is the correct timing. The needs are not there to require easements all the way through this development at this time. Now, at the Planning and Zoning Commission hearing, the applicant got up to say to the Commission we have worked very hard with people to the east of us to create sewer agreements -- I mean to the west. We are absolutely willing to talk to all of our private property owners surrounding us. If there is, a need that they think is arising and we can negotiate together, but before that need arises, it is not fair for us to provide those easements. I noted in my letter we are talking only about sewer. I have to speculate that because of the White Drain project and the fact that it was difficult, maybe, time consuming, a lot of staff time that it took to get those easements, staff would like to, in the guise of a development condition on just this single developer, speed up what is really a public process. Although we appreciate the pain of negotiating those easements going through that, it is not fair to this one property owner to require that. Also, with regard to the unfair market advantage that staff says would be eliminated, of course, the Council understands that Meridian City Council Meeting May 20, 2003 Page 32 of 51 legally that the Council does not get into competition between private parties. It is absolutely true that any zoning decision has some impact on the private market. What the government has to determine -- the job of the government is to determine if the conditions are constitutionally valid. That means are they fair. If they are fair, then, they are going to be upheld, even if they do have some indirect impact on competition. Your main job as a government is not to influence our capitalist system and competition between private parties, but just to make sure that the conditions are constitutionally fair and valid and just reasonably related to the needs created by this development, which is why we are only saying this is an issue of timing. As we come from west to east and as each Final Plat is approved, absolutely, those easements, those mains, will be constructed, as they absolutely have to be for the public. We are willing to do our part. We are willing to do our part at the time that those needs arise and so I would appreciate it if this is, in some ways, a very simple concept, what's fair and what are related to the needs. If this Council sees this as somehow complicated or would like me to explain more, I would happy to answer any questions. De Weerd: I would just have one question and this is a layman's question, is, generally, we ask that the applicants put their utilities to and through. Mostly, I see the developments doing that in a timely fashion and not backwards or -- so what is the. definition of to and through? Butler: What the Meridian City Code says is in your finding -- you have to make a finding that the person responsible -- and I'm quoting from the code -- the person responsible for the establishment of the proposed Zoning Amendment will be able to -- is able to provide adequately for any of such services and you're talking, generally, about utilities generally. That is exactly the finding that can be made here. This landowner, this developer can provide or establish the proposed utilities as they move along. As each Final Plat -- remember, before your Final Plat is recorded, those lots are not for sale. You cannot -- you cannot sell those lots. They are not publicly available. Once that plat has been recorded and a public -- and a person needs to flush their toilet, you need to make sure that that main is in there, but not before, because that developer has not created that need. Now, it's -- again, that's why your code says that we do have to make a finding that we will provide these services and it will go to and through, it will go through the first, the second, third, and so on, all the way through the development and always remember, too, that we are assuming, as we stand here today, that this development will develop totally and right now, until you get your -- each plat, you don't know that it will. We don't own part of the property at this point, we have options on it, the economy could go deep south on us, and, then, it can't develop. Hazardous materials could be found on the site so it can't develop. The issue is as each phase is platted and those lots become available for the public, we absolutely have to make sure, just as the code says, that will be able to provide adequately for any such services. Does that answer your question? De Weerd: Kind of. Nary: Madam President? Meridian City Council Meeling May 20, 2003 Page 33 of 51 De Weerd: Mr. Nary. Nary: Ms. Butler, I have read the minutes from Planning and Zoning and I have read your letter and I read the staff report and I guess just one thing I haven't seen is I haven't seen an opinion from our legal counsel in response to yours. De Weerd: I guess that means you're next, Mr. Nichols. Nary: And I had another question first, but one thing I haven't seen is I haven't seen our legal response. Secondarily, I mean you can simplify it for me. I understand your legal argument. I understand the constitutional question that you have raised and the issue of exaction on whether or not we are requiring something that really is a private necessity, not a public necessity at this juncture. Maybe you could explain to me -- or maybe Mr. Turnbull or maybe Mr. Johnson can, what's the beef here? What is your real risk or concern in providing this easement now because that I haven't seen in the minutes specifically and maybe I just missed it? They are pretty lengthy, but you know, specifically, I guess, if I want to agree with what you said. I think I also have to feel like I understand what you really consider to be your risk in providing this, because, really, all . you're providing is an easement and that mayor may not have some particular significant amount of value or not, I don't know. I understand your value argument that you raised at Planning and Zoning, but I really -- I guess I really just want to hear what's your real beef here. Butler: And Mr. Turnbull has said that he would answer that in part, but I'd also like to say this, just from a legal principle perspective, and if you read the minutes from the Commission meeting, you didn't quite get the feel of Commissioner Centers coming up out of his chair when -- Nary: Well, I got that sense form the minutes and I do -- I mean I really understand your legal argument, but I guess, you know, we have citizens and some input from private citizens as to why they think it's important and I haven't seen that addressed real specifically enough in the minutes and I guess I just want to hear about it. Butler: And Mr. Turnbull will address it as well, but I will also say that, in part -- and what we are trying to convey to the Commission -- and I know all of us lawyers have a little bit of trouble when we start talking about legalities and Constitution, When does a condition go too far and when is it something that's not reasonably related, people's eyes glaze over. It's sometimes difficult for us to get that principle across, just because it is a legal principle and that what we try to get across to the Commission is, please, we are not trying to talk legalese or talk down or at or anything to the Commission. We are trying to convey -- we are trying to educate one another about the fact that sometimes conditions can go too far and at that point it puts the city in jeopardy. It definitely puts the developer in jeopardy by having to do that, but it also puts the city in jeopardy in that you don't want to be faced with a situation where you're being challenged. It's appropriate for us to raise those issues purely on a legal principle and that's where we Meridian City Council Meeting May 20, 2003 Page 34 of 51 were saying that this condition, because its needs are not related to the development as yet, went too far. Now, also Mr. Turnbull can address the ownerships in the area and the other risks and the other agreements that they have worked on in the past with their private property owners in the vicinity and I hope, collectively, that will answer your question. In part, it is legal principle that all of us should adhere to, I think. Nary: Madam President? De Weerd: Mr. Nary. Nary: I don't want to -- I'm not discounting that. I mean I know -- I know the City of Tigart went to the Supreme Court over building a bike path. I didn't see a whole lot in those decisions as to why it was such a big deal to build a bike path why that was so hard. That's the part I guess I want to hear, because I understand the legal argument you're making and I don't total disagree with what you're saying, but I guess I really want to hear the -- Butler: And, it's true, you're right, a bike path in the City of Tigart case was not a condition and you wonder how it would get to the Supreme Court. The easement that. was asked for visual access in Nolan wasn't a huge issue, but it made it to the Supreme Court, because at times people say, wait a minute, and I'm not sure I'm being treated fairly. Is that appropriate. They, on principle, say I need to have somebody else look at this, that's what happened in Tigart, and that's what happened in Nolan. Are there are any other questions? De Weerd: Okay. Mr. Nary, do you want Mr. Nichols to answer your question now or would you prefer it after you have heard further testimony? Nary: I guess probably -- I think at some venture I think we are going to have to address that and have some -- have our counsel at least address Ms. Butler's comments, because her comments are predominately legal issues and I think we need an answer to feel comfortable anyway, but we can certainly hear from Turnbull first and, then, finish theirs and, then, Mr. Nichols can address that. De Weerd: Mr. Nichols is that appropriate? Nichols: Madam President, I'd prefer that, because I have had some of the same questions that Councilman Nary had in terms of is it the legal issue only or is there something else that hasn't been stated. De Weerd: Okay. Thank you. Mr. Turnbull? Okay. It is a Public Hearing. We will -- do we have a sign-up sheet? Do we want to follow -- or we will just ask anyone who wants testify to come on down. Do you promise and affirm the testimony you provide tonight is the truth, the whole truth, and nothing but the truth, so help you God? McColl: I do. Meridian City Council Meeting May 20, 2003 Page 35 of 51 De Weerd: Please state your name and address. McColl: My name is Brian McColl, 420 West Washington, Boise. Madam Chairperson, Members, I represent the developer who has so kindly brought the sewer and water to the front door of this development, to and through his project. I know you have able legal counsel, but because the comments of Ms. Butler address the legal issue, I would just like to throw in my two cents worth, for what it's worth. The Tigart case, actually, threw out the term reasonable and they said that any requirement for an exaction to be a legitimate use of police power or zoning or land use needs to be only roughly proportional to the project. That's the language. The issue here is the City Council's past policy of to and through. If it's reasonable for the city to require a developer to bring the sewer or water or another utility to the end of their development, as opposed to the last house in the development, if that's roughly proportional to the need of the development. Then, it is not an unconstitutional taking it is reasonable exercise of the city's right to regulate [and use. I think we get way off the topic if we start saying that it is okay to have a developer bring his sewer and water right to the very external boundary of Phase 1, then, Phase 2 and, then, Phase 3. [t is unreasonable to ask a developer when he's coming in and he wants the entire project annexed and the entire. project zoned and the entire project concept approved. To approve the Preliminary Plat, it is no more unreasonable -- not that it is -- to ask him to procure the easements to the very end of the project, because there is no question that the sewer and water proposed for this development is directly related to the needs of this development. The Supreme Court in both those cases, actually, said there was a three-part test. Number 1, does the development create a need for the particular service. Obviously, all of those homes, offices, they all need sewer. Number 2, does the development benefit from the exaction. [n other words, you say to the developer you got to have sewer and water, is that a benefit. Of course it is. The hard one is, is it roughly proportional -- is there a nexus between the requirement, the condition, the land restriction, whatever you want to call it in this case, to go get us easements, is that -- is there a nexus between that and the development there, just like this. Now, if it was supposed to be exactly proportional, as opposed to roughly proportional, then, all you could do is say to this developer, give us easements just to the last house or the last office. [f you're going to build the easement because -- or build the sewer, because we haven't done it yet, you just make it size enough for this development, don't have to make it any bigger. The Supreme Court saw the folly of that. They said it just needs to be roughly. In this case, make it large enough for our overall city planning for that north trunk and make it all the way to and through. That's my two cents worth. De Weerd: Thank you. Any questions? I have a Ken Aschenbrenner. 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? Aschenbrenner: Yes. De Weerd: Please state your name and address. Meridian City Council Meeting May 20, 2003 Page 36 of 51 Aschenbrenner: Ken-Aschenbrenner, 4990 North Meridian Road. My property is at the corner of McMillan and Meridian to the east of this project. Right there. In the past year I've had several inquiries from developers and their primary question is what -- how soon will they be able to access sewer and it kind of depends on getting through the North Slough line. If this project takes seven or eight years to build, I will be sitting there as a hostage waiting. The to and through policy, as I understand it, if it's up there to Meridian Road, if someone wants to do something with my parcel, they would be obligated, then, to kick it on ahead to the next guy to the east and on up the line. This is an important issue to me. De Weerd: Thank you. Are there any questions for Mr. Aschenbrenner? Okay. No. Thank you. Becky McKay. McKay: Becky McKay, 1100 East Valli-Hi, Eagle. 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? McKay: I do. De Weerd: Thank you. McKay: I'm here on behalf of clients that I have that are downstream from this development on the North Slough Trunk. The Amyx family is one of my clients they own property there at the tail end of the trunk. The Reeds are here this evening in their support for the city to, obviously, require that easement -- that sewer easement be instituted with the Paramount project. You guys are pretty familiar with this North Slough Trunk and, as you well know, the trunk is being constructed at this point between Ten Mile and Linder. Paramount is between Linder and Meridian. As you will see, there is substantial trunk that will be required to be built at some point in time in order to service the rest of that North Slough area. We have talked multiple times about the projects in the North Meridian area and the infrastructure benefiting not only just the project at hand, but benefiting the North Meridian area as a community. I guess I'd like to say for the record when we talk about that infrastructure, we talk about schools, parks, collectors, interconnectivity, but we also talk about sewer, water, and so forth. I guess I'm asking in the spirit of cooperation, I think that this easement should be required. The property owners -- I know -- I know there are multiple property owners involved in Paramount, as were in the project that I had, Bridgetower Crossing, we had multiple property owners and we just went to those property owners that we had not closed with and said this is a requirement of the city that you grant this easement for this White Drain Trunk to proceed through. I think they will testify that it's difficult for them to plan, to design for future phases, but we have done it with the White Drain Trunk. We just made sure that we had our streets tied down and our engineers provided the easements to the city, the legal descriptions, and we are, obviously, held to that, but we had to make sure that we have our streets, our lots tied down. It was not Meridian City Council Meeting May 20,2003 Page 37 of 51 difficult, it just took some future planning, but it has been done. It's not an impossible endeavor here. I talked to one other developer who has done substantial development in the Boise area and he indicated that the City of Boise has placed this condition on a project that he had. They worded the condition a little bit different and I tried today to get that exact language and the person I needed to talk to happened to be out today, but, basically, their condition stated that they shall provide an easement to the City of Boise for extension of the trunk. It will be provided at such time as Boise requests it or if they happen to accelerate their phasing and they construct it to that point, then, obviously, Boise would not come and request it, but that they would provide that. We are not asking that this trunk be built, just asking that these easements be provided and we believe that's fair and I would hate to see that trunk sit there for five or seven years, as Mr. Aschenbrenner said. It affects a lot of people downstream and I have been in the position to be a downstream -- representing someone downstream on parcels in Boise. That's a bad feeling and it's difficult, sometimes, to find -- get the parties together and get them to cooperate, because, obviously, when one has a particular project and they have got control of sewer, they like to keep that and keep the competition down to a minimum, if at all possible. I think it is reasonable, I think it is fair. Thank you. De Weerd: Mr. McKay, I guess I have a question. You worked on the Lochsa Subdivision. How were you able to plan for easements to get it over to their property? I mean it's obvious that you're not built out or anything. Can you explain what happened -- can I ask that question? Okay. McKay: Madam Chairperson, that's a very good question and unlike -- just like -- or just like what I said about Bridgetower and the White Drain Trunk, we made sure that we had our streets tied down, that we had provided adequate areas for any waterways and so forth and we just tied everything down and it's possible to do that. You're not providing services off of those trunks. In fact, the city staff does not want us to put in services, so it's not like you're trying to predict where those lot lines are going to go, all you're predicting is where those streets are going to be laid out and that's not difficult to lay those streets out and make sure that you have got a pretty good alignment and it's been done multiple times. All the way along the White Drain Trunk it was done. Bird: Madam President? De Weerd: Mr. Bird. Bird: Here about four or five years ago we had JUB doing extensive sewer out for the City of Meridian and that included all that and it's just a natural drain, you don't have the exact foot or -- you know, or anything like that, but, then, Becky is right. The plan has been put in place and I was quite shocked when we hear that we are going to have to put in some more lift stations now, because in that report there was one lift station going in and that was the main one out there on Dill and now there is the possibility of more lift stations. I thought this followed the natural flow, but -- Meridian City Council Meeting May 20, 2003 Page 38 of 51 De Weerd: Well, I think that the lift station she raised was if you don't gain the easements to -- okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: So, that I'm clear, Ms. McKay, on the Bridgetower Development was this a condition? McKay: No. We went on the record and stated we would grant that easement. We did not receive any monetary funds from the city for that easement. Nary: And on the Lochsa Falls one, was this a requirement? McKay: We provided the easement, because our first phase was on Linder Road, so it was voluntarily done. Nary: Thank you. De Weerd: Those two are the only ones I had sign up, but -- Mr. Johnson. I will swear you in, please. Do you promise and affirm the testimony you provide tonight is the truth, the whole truth, and nothing but the truth, so help you God? Johnson: Yes. De Weerd: Please state your name and address. Johnson: My name is Greg Johnson. I live at 2433 Can-Ada Road. De Weerd: Thank you. Johnson: I'd, first of all, like to clarify why Lochsa is building the sewer to Linder Road. Mr. McColl forgot to mention that we had spent about six months in negotiating with himself and Marty Goldsmith in reaching an agreement for a land swap for a major portion -- I think it was approximately 110 acres of Lochsa was optioned by myself and it sits right in the middle of Lochsa, runs towards Ten Mile. That negotiation included exchanging that for a property that is now part where the high school is and it was a total of 96 acres and includes part of the commercial that we are proposing here in Paramount. It also provided for us sharing water costs up Linder Road to both of our entrances. It provided for sharing sewer costs on Ten Mile and it provided for us to agree to exchange those properties to make his project more viable and put a parcel in our project. He agreed to extend the sewer over to Linder Road. That was all an extensive negotiation. It's something that we are very open to if Mr. Goldsmith or whoever buys Ken Aschenbrenner's property or any of the other properties there, we are not opposed to sitting down to that. Our objection is being told by City Council or Meridian City Council Meeting May 20, 2003 Page 39 of 51 another government agency that we will give this easement, even though we don't own that property yet. Mr. Wolf still owns the property along Meridian Road, an 80 acre piece and also a 60 acre piece, which would put us a half a mile back into the development. He's farming this or leasing this property and so if we were to now have to give this easement with the first plat, we would, then, be forced to go back to Mr. Wolf and negotiate an easement. Now, yes, it's not being built yet, but as soon as that easement was there, it could be built, and, in fact, it includes a construction easement, as well as just the sewer easement. That could be very costly for Mr. Wolf as far as his land rents are concerned, because the sewer, once constructed, requires a road to go along with the sewer line, so that it can be maintained, it would change the irrigation of several of the fields, it would be fairly costly. We have not sat down with Mr. Wolf and attempted to negotiate this easement, because we don't feel that it is a fair requirement and it would put a burden on us and this project that we feel should be a private negotiation. If they need sewer prior to us getting it there, they are welcome to come to us. If the city needs sewer prior to that, we will cooperate fully with a project that is a city project, such as the White Trunk, which has been mentioned. We don't have a problem of sitting down and we will sit down with yourselves and Mr. Wolf and help negotiate that easement if that's required prior to the time that we get there. We are not opposed to that. We will help all that we can and I think Mr. Turnbull and myself have. always been helpful to the city if something was needed and we will always be. De Weerd: Thank you. Johnson: Any questions? Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Mr. Johnson? Johnson: Yes. Nichols: You heard Ms. McKay's testimony about a potential alternative condition that would indicate that the sewer easements would be granted at a future date when requested by the city. Have you given that some consideration? Would you have the same concern with that sort of thing? Do you want to think about it, talk it over with counsel? Johnson: If it was for a Public Works project, I don't think we would have a problem with that. If it's for a private project, I think we would rather sit down with that private individual and work it out. Nichols: Okay. Mr. Johnson, as I understood Ms. McKay's testimony, though, it would be the city requesting the easement for a city sewer and that, essentially, would serve presumably some upstream user, whether it be Vienna Woods that's existing now that Meridian City Council Meeting May 20, 2003 Page 40 of 51 has a lift station or whether it be Mr. Aschenbrenner's property or whether it be something else that's upstream from yours. As I understood the condition as she recited it, it would be a sewer easement at such time as the city requested it for the -- essentially, it would become a public sewer, it would be a city sewer line. Johnson: As long as they -- as long as the city or whoever is building the line compensates those individuals that are involved in that, we would be favorable to that. But that would need to be negotiated at that time, depending on how far across we are. Nichols: So, Mr. Johnson, you would view this much like an ordinary condemnation, eminent domain type thing, and the city had a public need and decided to -- I mean, essentially, that's what happened is there is negotiation first and, then, if it doesn't work you go beyond that. Johnson: We would cooperate fully with a city Public Works project. Right now it's very clear to us that this easement is wanted for a couple specific people and we would rather that they come to them, like we have always had to come to someone else, and negotiate that easement with us and we will cooperate with that. Nichols: Thank you, Mr. Johnson. Johnson: Thank you. De Weerd: Okay so anyone else who would like to testify on this application? Are you providing the rebuttal? Butler: No. Mr. Turnbull is. I just wanted to ask if that's where you are at this point, on rebuttal. De Weerd: If there are no other people who would like to testify. Yes. 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? Turnbull: I promise. De Weerd: Please state your name and address. Turnbull: David Turnbull, 12425 West Explorer Drive. De Weerd: Thank you. Turnbull: I have to apologize for the sunglasses. I had eye surgery last week and to take them off would be more repulsive than I really am, so you have probably been wondering why I'm wearing sunglasses. That's the reason. I have a really ugly eye right now. I don't want to have some discussions about some -- you know, what could be some mundane things kind of take away from the -- I think what has been referred to Meridian City Council Meeting May 20, 2003 Page 41 of 51 by the Planning Director and own consultant as a well thought out project. We did put a lot of planning into this we're really are excited about it. There are, really, just a couple issues here that seem to be a concern and I will address the one -- the two. The first one is the inclusion of Lot 57, Block 3 I believe it is, at the corner of McMillan and Linder Roads. [understand the planning staff's rationale for wanting to have that deleted. I would ask you to consider the following. We are always asked to work with public schools and I think that we have done probably a better job than anybody on that count in working with public schools. Every time we do a development, almost the first person we go to is the public schools and we ask them what sites they need. They came to us -- back to us on this one, it was a high school site and an elementary school site and you see both of them provided here. By virtue of providing that high school site, we have, in effect, cutoff that corner from the residential portion of our development. To be penalized for that by not being able to incorporate that into our plan I think sends the wrong message that you better be careful about when you work with public schools, because if you don't consider all of the ramifications, you might be penalized when it comes before this body. I'd ask for your consideration in keeping that included in the project. I will try to be brief on answering the sewer easement condition. In my view this is an unprecedented condition. I don't think it's been levied or try to be imposed on any other applicant in this city, to have an easement in advance of the Final Plats when. there is no Public Works project pending. I don't think it's in the best interest of this city to get between private parties. I guess what -- Commissioner Nary asked what's the heartburn here. I guess I really do have heartburn when another party comes to the city and asks them to impose a condition on us, which, in effect, costs us money, costs us time, costs us a lot of things and you might as well be putting your hand in our back pocket and putting -- you know, taking money out of our pocket and putting it into theirs. That's really what it came down to. Now, if they want to come to us and negotiate easements, you know, we will be happy to talk to them, but to have the city impose a condition like this is very distasteful to me. We have said before -- and if the city -- you know, I think originally Mr. Watson suggested that, well eventually we would need some relief for Vienna Woods, which is on a lift station. Well, it will be a long, long time before that Vienna Woods lift station reaches capacity. If the city decided that it needed it two or three years from now and they needed an easement to get that north sewer -- north trunk sewer through -- North Slough Trunk through, you know, I think we have a good record of working with this city. I think that you can take our word for it that we will work with the city, but there are some conditions -- I've learned through experience, sometimes sad experience, not to agree to a condition over which I have no control. This is like many other developments, we own part of the property, we have options on the balance of it, we have no ability to guarantee you that we can grant you an easement through parts of the property that we don't have title to and I can't agree to that condition. You know, as Mr. Johnson referenced before, when we worked out the sewer to get it to our project, that was through a negotiation that involved consideration on both sides, it involved land swaps, it involved cost-sharing agreements, and the city didn't get involved in that. We worked it out between us big boys ourselves. I urge this City Council not to get involved in a private agreement. If you find in the future that you have a need that's a public need, come to us and we would happily work with you and -- and make sure that the public need is met. I guess I do want to keep the focus, though, Meridian City Council Meeting May 20, 2003 Page 42 of 51 on, you know, the project and I believe it is a desirable project. We ask for your consideration and approval of the annexation, Conditional Use Permits, and the Preliminary Plat with the conditions as proposed to be amended by Mr. Wardle in his documentation to you and in his testimony. I will stand for any questions. De Weerd: Well, Mr. Turnbull, I -- you know, I do think it is unfortunate that this is kind of taking over the testimony, because it is a great project. I, in particular, appreciate the fact that you have worked well with the school district. I hope to not hear that you will be charging them more money than what you're telling them, like I have heard others have done after it gets through our process. I find that very distasteful. I know you have a very good history of working with the school district and that you really are a person of your word. I do appreciate that. It's a great project, but I guess I do have questions -- you know, I didn't know to and through meant anything different than that and I guess we never see it up on our end to even question about when that does happen, so this is all new and it's definitely something that we are going to have to think about -- or I am. I don't feel I have enough information to really make a decision at this moment. I guess what concerns me -- and this is probably something that typically happens in developments anyway. You're telling me that -- or what I'm hearing, so, please, correct me if I'm wrong, is you can't even guarantee that the easement for what. we see planted in front of us and so is this going to change, because you don't own that property and the easements are still uncertain? You know, is this not what we are going to approve? Turnbull: Madam President, this is what you're approving. We do have ownership or options on all of the property. We don't have the title on all of the property. That's typical in many, many development applications that you approve. We do have options in coming years to buy those remaining parcels and I can assure you we will be doing so, as of this point we don't own property and we can't grant easements over property that we don't own. De Weerd: Then how can you plan for that property? Turnbull: Because we have an option that allows us to do so. De Weerd: Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: I would like to echo what Council President de Weerd said, although I do like it when it gets all legal. I do think this is an excellent project and I don't have a concern about the follow through on this project. I guess a couple questions and one of them is Ms. McKay had raised the issue about -- in Boise and that the type of condition placed was similar to what's being asked here. I think there is some difference and I guess I wondered in your experience that in developments in Boise that those types of Meridian City Council Meeting May 20, 2003 Page 43 of 51 conditions were -- as Ms. McKay stated, the conditions were that the easement has to be provided when the city requests it. How has that worked in your experience and why is that different than what's being requested here? Turnbull: I can give you a specific example. When we did the Hobble Creek development, Ms. McKay had a property owner client to the south of us and there were other property owners to the west of us and all of those sewer easements came through our -- all of those sewer lines came through our property. We negotiated an easement agreement with her client to the south of us and provided them the sewer easement, but there was some consideration involved, because it does, in fact, cost us money to do those things. It is not a simple task. The way this condition, quite frankly, is stated, we have to go through and do, you know, some detailed planning before we were ever able to even come to you with the first phase. That's just not reasonable. I have never had a development in the City of Boise where that's been a condition and I would ask -- and maybe Brad can help us out here -- if this has ever been a condition that's been applied to any Meridian city development. I don't believe it has and I think this is totally unprecedented. Now, we -- you know, there are dangers in granting those easements ahead of time. You know, sometimes things change, sometimes things can move around, and I think you have had problems in the past where some things had to be. relocated, easements abandoned, and sewer lines relocated, so it's not as simple as it seems to be when you just look at it on paper. There is a lot of detail that goes into that kind of project. Can it be done? Yes, it can be done, but what it does is that it locks us in, it takes away our flexibility, it takes away -- you know, just -- I mean if you want to even get down to the farming operations, how it complicates that. It's not without cost and to require of us, without compensation, for another private property owner that desires it now to give them something like that for free at our expense is just not right. I won't talk about legalities, but I'll just say it's just not right. Nary: On this particular project -- I guess this particular project I noticed in the minutes from the Planning and Zoning there was discussion about providing -- some of the concern that was addressed was providing these easements at the Preliminary Plat stage and that they, really, should be done at the Final Plat stage. Is that -- is that what you still think? Is that where you believe that this type of condition needs to come at the Final Plat stage? Turnbull: We will certainly do it at the Final Plat stage, unless something is negotiated previous to that. Nary: Okay. You're talking the Final Plat of the entire project or are you talking still about each phase? Turnbull: Well, we are not Final Platting this all in one phase. It's a multiple phase project. Nichols: Madam President? Meridian City Council Meeting May 20, 2003 Page 44 of 51 De Weerd: Mr. Nichols. Nichols: Mr. Turnbull, could you outline what the phasing plan is on this development as you have it? Turnbull: I don't know if it has been included on that or if that shows it on -- I don't see well enough with my problem here to tell whether that has the phasing plan on it or not. It, essentially, goes from west to east, as you follow the natural progression. De Weerd: Mr. Wardle, if-- Wardle: Yes. The plat that was provided to staff after the Planning Commission does re-phase the project and, specifically, the first phase is this entry area, second, third, and so forth. That, basically, you are working from Linder Road easterly in a progressive way and, obviously, the market will dictate how quickly it accelerates. It doesn't mean that you only do one of these per year, you might do several per year, if the market is strong and there, but it, essentially, begins here and just builds on it and moves easterly. I think the actual ownership line is at about this mid section point right now. This area east is under option. They have fee ownership for the property west of . that so, first phase. Nichols: And, Mr. Wardle, how many total phases are there? Wardle: I think depicted there are 21, but, again, some of these would happen in combinations, but it's just breaking them down into pieces that you would literally -- you know, easily plan and implement. For instance, it works it way through this westerly area first and, then, starts down the center, working toward Meridian Road to the east. Like Phases 11 -- well, 10, 11, just -- it's a progression based on where the infrastructure is at that point but 21 total phases are identified and might certainly happen is just, you know, a matter of a few years if the market is strong. De Weerd: And you will probably need another access point at some stage. Is there a trigger on that? Wardle: Access to -- De Weerd: To another arterial. Wardle: Well, actually, for instance, the access to the arterial Chinden Boulevard occurs in -- well, it's an early phase. It actually -- the roadway itself would come into play -- quite strictly that would be moving forward early in the project. De Weerd: And if the elementary school is accelerated, you will get it at least down to -- the easement or sewer to them? Meridian City Council Meeting May 20, 2003 Page 45 of 51 Wardle: Absolutely and that's the point. We get to this point early, very, very early in the project, and, then, getting to the elementary school could be a realignment of the phases and there is a condition that says that we can modify this and work with staff to do so. De Weerd: Council is there any further questions? Turnbull: Ms. Butler said there was some testimony previously provided about a certain case and I think you have asked your city attorney to make some comments, so Ms. Butler would like to just give you the exact language of one of those cases and if you have any further questions for me I can answer them now or after Ms. Butler. Thank you. De Weerd: Thank you. Butler: Joann Butler again. Mr. McColl mentioned the City of Tigart, rough proportionality test is what he mentioned, and to assist counsel and what the court said in Dolan was the degree of the exaction is what we are concerned about. They have to, quote bear the required relationship to the impact or the needs of the proposed. development -- of the proposed development. The court called that the rough proportionality test and the court said no precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication is related both in nature and extent the impact of a proposed development and that's what we are saying here. We are asking that the condition be reasonably related and roughly proportionate to the needs that are created with each plat as each phase is recorded and lots are available for sale. Thank you. De Weerd: Mr. Nichols. Nichols: Madam President, Members of the Council, the attorneys I think that have testified have correctly stated what the law is with regard to exactions, which those cases, typically, arise in -- in Dolan, I believe, it was a Conditional Use Permit for conditional parking or some expansion of a hardware store. Nolan had to do with a view easement or a public beach access easement. Those -- and that was I think, in connection with a building permit. None of those cases involved annexation that I'm aware of. I think that when you -- although the applicant has done a pretty good job of trying to pars this development into pieces, of phases, that when you apply the Dolan test, you apply the Nolan test. You look at those issues, it's also appropriate to look at this entire development as a whole, because it is being brought to you as a whole and is being proposed as a whole, even though it may be built in phases. You always have to look at, on the annexation, since it's a legislative decision, what's in the best interest of the citizen of the City of Meridian and are there any conditions associated with annexation, which help you, arrive at that decision. You also have to look at what this condition as proposed by staff does not do and it does not require an actual building of the sewer ahead of the development, it simply does require providing those easements. I do see a potential issue in terms of the specificity with which the easement has to be Meridian City Council Meeting May 20, 2003 Page 46 of 51 designed and how that cost may be part of the development ahead of when they are actually ready to build it, in other words, legal descriptions for the streets into which the sewer may be placed. At the same time, the proposed modified comment as stated by Ms. McKay certainly makes some sense from a public standpoint, does not impose the easement ahead of development as necessary, as determined by this Councilor some Council in the future, and would not require that those easements be granted now. That might be worth exploring. The Public Hearing is not closed. You could ask staff to inquire of similar circumstances in our neighboring community where perhaps that was imposed and under what circumstances and how that might play out. You do have the ability to make a decision to annex, to zone, to impose the conditions on Preliminary Plat and the Conditional Use Permit for the Planned Development and to not include the sewer requirement in that. With the understanding that if it became necessary to extend the White Sewer Trunk for any future development or for the existing development that's already out there that currently pumps into the White -- or will soon pump into the White Drain. I believe that at that point you would be faced with the decision to proceed to exercise the right of eminent domain. I believe that although there is -- I believe there is adequate basis if you -- if you, as a Council, decide that you need to extend the sewer out to Vienna Woods in order to eliminate a lift station, the Payette Lake Sewer District case I think gives you sufficient basis upon which to initiate eminent domain- proceedings. I think your decision -- you can defer the decision for additional information from staff, with an opportunity of the applicant to rebut that information as it pertains to other developments where there was a condition imposed, such as stated by Ms. McKay. You could decide to annex without the condition, with the understanding that if you decided in the future that easements ahead of the Paramount project construction schedule would require eminent domain. You could decide not to annex, because the easements weren't there to take it all the way through, and I think all those decisions could be supported by the evidence that's in the record. I guess where I'm at is I'd like to know a little bit more about how this condition worked in the adjoining community where the easements are only required when requested, recognizing that you also have to take into account -- I think it's a legitimate concern that if the easements are actually built and a road is put in across a farmer's field before there is going to be an actual development there. I think that really does need to be taken into consideration, in terms of conversation, negotiation, and those issues, because it does -- I doubt that despite their admitted skill in negotiation, that Mr. Turnbull and Mr. Johnson anticipated this condition in negotiating those options. I can see a landowner trying to put the bind on them to close the deal ahead of where they are prepared to construct, based on those easement issues alone. That's at least something that needs to be considered. De Weerd: Thank you, Mr. Nichols. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting May 20, 2003 Page 47 of 51 Bird: I would like to throw something out here and having sat here for five and a half years on the Council, I can assure you that everybody that has testified tonight, we could go to the bank on their word, so there is no discrepancy there. Every one of them have -- I think this is a deal that Meridian should have thought about three or four years ago. I take the blame for that. We should have had the thing in place and forgot about. We don't. I would like to -- I would like to continue this and ask staff to come back with a proposal of how much it would cost to sewer out the North Slough and also to answer some questions that Mr. Nichols had. I'm like him, there is stuff that comes up here that -- and, you know, we give him a half hour, 45 minutes to come up with a decision -- or an opinion, so that would be my preference to continue it for a week or so and to come back, see if these people are -- can get together, work it out. I think it can be done, because they all are quality people. Nary: Madam President? De Weerd: Mr. Nary. Nary: I think that Madam Clerk said that our Council Agenda next week is pretty full, so we, really, would be looking at a couple weeks if we want to continue it. I guess I only. had a couple of comments. Far be it for me to disagree with legal counsel, so I --I think there is -- I mean I appreciate a lot of what Mr. Turnbull said and what he's talking about of -- and I do want to explore -- or I'd like the staff to explore the issue that was raised by Ms. McKay of the type of conditions that the City of Boise has used in providing these types of easements. I think from what I heard Mr. Turnbull say is that if the city was wanting to build this sewer between now and when they were ready to develop it, that that wasn't a problem. The concern was in providing this for a private entity being -- and access to this easement and build this sewer across property that they don't own currently, so they would have to secure that, or across their property prior to without any compensation to them. That's where I guess my concern is from the staff report of Mr. Freckleton and Mr. McKinnon, is it really doesn't address that concern very well. It isn't -- it isn't the city's place to provide that for some other private party. It is appropriate, I think, for the city to provide that for the city to build that sewer, but not necessarily for somebody else to do that. I think that's a very legitimate concern being raised by Mr. Turnbull as to what can happen to them. I guess I would like to, really, I guess follow up on Mr. Nichols' advice, I think that's a good avenue for us to explore further as to how this has worked elsewhere and I don't recall, at least in my year and a half here, of us having this condition. I think it's because most of the time I think it's like Ms. McKay's testimony, that's been worked out and it's already been resolved, so it just isn't an issue. It happens to be one here. I am very concerned and our rationale in the staff report is, really, to make sure other people can develop their property sooner than this property may develop and I don't, really, think that's our position to do so. I agree, I would like to have a couple of weeks to see if we can get a little more information about how this can be accomplished in a different manner. I think Mr. Bird's suggestion is good as well in making that decision, we probably want to see what impact the cost would be for the city in trying to provide this as well, so -- Meridian City Council Meeting May 20, 2003 Page 48 of 51 De Weerd: I would agree with what has been stated. I guess when we go back and -- before Councilman Nary's time, the North Slough was not one of our priorities and it was -- if anything happened, it was development driven and so far that's somewhat how it's been. Personally, I don't see the city taking a lead in this. We have staff resources that we have stretched thin. We have a priority now of the Ten Mile area, so that we can get an interchange done. You know, I do believe that it needs to be provided for, but it has always been provided for through the negotiations of the private parties. I, too, would be interested in getting more information, so that we can make a well- rounded decision and we know what the different options are. I think if further development is to happen along the North Slough, just as it has happened in other areas, it's been development driven and it's been negotiated by those parties, so -- but certainly, with more information we certainly can make a better decision. I guess if there is a motion to continue this Public Hearing, we can go ahead and move it along. Powell: May I just -- one cleanup issue, only because it looks like we are really going to focus on the sewer easement. I just want to clarify that regarding the irrigation easements that Mr. Wardle had claimed earlier today that they met the condition that was given him. I would say that, yes, he met the exact intent of it, but perhaps not the spirit, which was to plan for those irrigation easements and how they may affect his lots. . As long as -- I just want to make sure it goes on the record that we do have concerns about relocating the irrigation easements and how it affects the built -- the ability of people to build on those lots, where they go, and also along the linear pathway up here. That if it is in an easement, then, he will not be able to put trees in it and those trees are required as part of the Landscape Ordinance. I just want to make sure that that's on the record. He and I discussed it before and, yes, they are things we can deal with at the Final Plat stage, but I just wanted to make sure it made it onto the record. Thank you for letting me say that. De Weerd: Well, as we look at continuing this, perhaps you can work a little bit more closely with the developer on that with some language that you feel a lot more -- that you feel more comfortable with. That's another issue we can discuss. I think, too, the issue of the commercial retail property I don't have an issue with that, so I don't think that there is anything, other than the irrigation and the sewer easement. Bird: Madam President, with that I would move that we continue the Public Hearings AZ 03-006, request for Annexation and Zoning for Paramount Subdivision, also Public Hearing PP 03-004, the request for Preliminary Plat, and also CUP 03-008, a request for a Conditional Permit for a Planned Development, all of them are Paramount Subdivision, to June 3rd. Nary: Second. Bird: June 2nd. Nary: No. Meridian City Council Meeting May 20, 2003 Page 49 of 51 De Weerd: No. He's -- Nary: I was concurring with you. Bird: I thought I had that -- Nary: I would concur. De Weerd: It's been moved and seconded to continue Items 16, 17, and 18 to June 3, 2003. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 19. Water, Sewer and Trash Delinquencies: De Weerd: Okay. Item 19. This is to inform you in writing if so choose that you have a right to a pretermination hearing at 7:30 P.M., Tuesday, May 20th before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by the city that your water, sewer, and trash bill is delinquent. You may retain counsel. Your service will be discontinued on May 21st and/or May 28th, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquencies? Seeing we have a full room here. No response. They are hereby informed that they may appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho state code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $24,542.86. Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: I move that we approve the turn-off list for May 20, 2003, turn offs on the 21st and the 28th of May of 2003 and the amount of the turn off list is $24,542.86. Bird: Second. De Weerd: Okay. It's been moved and seconded. Deputy City Clerk, roll call vote. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: All ayes. MOTION CARRIED: ALL AYES De Weerd: Okay. Council, we -- if you wouldn't mind, I would like to call an Executive Session, probably to item C, so if someone could make a motion. Meridian City Council Meeting May 20, 2003 Page 50 of 51 Bird: So moved. McCandless: Second. De Weerd: Okay. It's been moved and seconded to go into Executive Session per Idaho State Code 67-2345(1 )(c). Nary: Roll call vote. De Weerd: Okay. Roll call vote, please. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Cherie, should we ask the attorney and Gary Smith to join us or do you want to just do it with Council about yesterday? McCandless: Oh. De Weerd: Okay. (Enter into Executive SessIon at 10: 12 P.M.) RECONVENED AT 11:02 P.M. McCandless: I move we come out of Executive Session. Nary: Second. De Weerd: Okay all those in favor - oh sorry. Can we just all say aye? Nary: Yes. De Weerd: Are we even on? McCandless: Yes. De Weerd: Oh sorry. All those in favor say aye. No decisions were made. MOTION CARRIED: ALL AYES Nary: No final decisions were made is really the way. De Weerd: No final decisions were made. No there weren't any decisions made. Meridian City Council Meeting May 20, 2003 Page 51 of 51 Nary: Sorry my mistake. De Weerd: I would entertain a motion to adjourn. McCandless: So moved. Nary: Second. De Weerd: All those in favor say aye. Thank you. Meeting concludes at what is it 11 :OO? Nary: 11 :02. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:02 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~ ROBERT D. CORRIE, MAYOR 6 /.J I tl3 DATE m RECEIVED MAY 2 0 2003 CITY OF MERIDIAN To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Phil Krichbaum, PE, JUB Engineers Date: 5/20/2003 Re: Proposed Agenda Item for May 20 Pre-Council Meeting I am requesting that the following item be placed on the May 20 City Council agenda, on the Pre-Council Meeting Agenda for discussion and possible adoption: · Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project As you are aware, we experienced some difficulties securing sewer easements for the White Drain Sewer Project. In response, we asked JUB Engineers to develop a standard process that they and the City could use as we complete design of the Black Cat Trunk project. Attached is a copy of a draft Sewer Easement Acquisition Policy for the Black Cat Trunk Sewer & Lift Station Project prepared by JUB. Engineering staff and the City Attorney's office have reviewed and revised the document. We all agree that this policy should be formally approved by City Council prior beginning negotiations with the property owners. ;f~ . Page 1 DRAFT 5/20/2003 City of Meridian Sewer and Water Line Easement Acquisition Policies In order to provide for a uniform and equitable treatment of property owners of lands subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests of the ratepayers of the City of Meridian as represented by the elected officials of the City, the following policies are adopted as procedural guides to be followed in sewer and water line easement acquisition: A. Develop a preliminary map depicting easement location and define easement requirements for the purpose of preliminary property owner notification; B. Determine ownership from available public records at county assessor office; order preliminary title reports on all properties to affirm necessary ownership contacts; C. Provide a written notice to each owner of property within the proposed easement of the City's intent to acquire such easement, inclUding a copy of the Advice of Rights Form required by Idaho Code 7-711A served in the manner specified in that statute; D. Provide to property owners the two options for just compensation available to them for the permanent easement, dependent upon their desires and acceptable to the City. The third party appraisal to determine just compensation will be paid for by the City.* (1). Cash payment in the amount determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. (2). Donative value of easement as determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. Owners will be advised to check with a tax professional of their own choosing regarding the tax effects, if any, of donation E. In addition to Item D, just compensation for use of a temporary construction easement area shall be made to Items D.1 or D.2 as follows: (1). Just compensation shall be based upon the market rent for use of the property over the period of construction as determined by a certified real estate appraiser or; (2). Property owner and City mutually agreed upon assessment method of rental or compensatory considerations of temporary utilization of the temporary construction. F. Prepare final easement documents and legal descriptions. G. Prepare and submit to the property owner an easement offer together with the appraisal performed on the property; I. Conduct good faith negotiations with the property owner if the values obtained through the third party appraiser and those identified by the property owner are found to differ. The property owners are free to obtain an additional appraisal (at their expense) if they question values established through the estimate by the appraiser. 1 DRAFT 5/20/2003 All appraisals shall be completed in accordance with the Uniform Standards of Professional Appraisal Practice. J. Obtain a final settlement of the easement acquisition (purchase or donation) or proceed with eminent domain proceedings if appropriate. A reasonable final settlement period shall be established as 30 days from when the offer letter is delivered, via certified mail, to subject property owner. K. Commence eminent domain proceedings if final settlement cannot be reached in the settlement period specified in (J) above. The City Attorney will send appropriate demand letter with final offer prior to commencement of action. *In the event the easement value is considered (by the property owner) to be less than the cost of an appraisal by a certified appraiser, then at the property owners request and with agreement from the City, the property owner may elect to settle on the amount equal to the City's cost to procure an appraisal. The intent here is to allow the best use of funds for the smaller easement acquisitions. Definition of Terms Just Compensation 1 In condemnation, the amount of loss for which a property owner is compensated when his/her property is taken; should put the owner in as good a position financially as he or she would be if the property had not been taken; generally held to be market value. Before and after rule 1 In eminent domain valuation, a procedure in which just compensation is measured as the difference between the value of the entire property before the taking and the value of the remainder after the taking. Highest and Best Use2 In appraising real property: The reasonably probable and legal use of property that is physically possible, appropriately supported, and financially feasible, and that results in the highest value. Market Value2 The most probable price which a property should bring in a competitive open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash or in terms of financial arrangements comparable thereto; 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with this sale. Market Rene The rental income that a property would probably command in an open market. Definition References: 1. The Dictionary of Real Estate Appraisal, 4th Edition. 2. The Uniform Standards of Professional Appraisal Practice {USPAP}, 2003 Edition F:\pm\phk\11873-blackcat\easement policy -rev4(unedited).doc 2 z o~~ C ~ ~ ~ rn ~ N ~ IV 0 >- ~ ...0 (J) ~ ~ L (])~ 5 :::lc OJ 0 -oN ~~ >.- OJ > - L roO) >(f) - -ora OJ 1- CJ) :J o~ 0..-0 e C o..ro r-~~~ i I . L-_ ..... t/) ._ L.. t/) Q) c.... Cil C L.. Q) I-U lD <lI C o N ro ~ 0::: (0 Q) c o N = ~ = :J = 0::: ::.:: ~ =:1 0::: = I'-. .:: - =. Q) = c :s ..:2-:- 0 N N <lJ c -=.- ~ 0 "-.. :J N -=. 0::: ~ -= :J ;1_:" rr E (j') Q) () > l.... Q) (f) S0- l..... en Q) 0 Q) +-' ........ rn :::i "0 rn :J Q) Cf) E 'C Q) 0 U I..... +-' ~ 2: Q) E 1- 0 ::J U ...., 0 (tS 0 0 >, ill > U (.) 0::: I..... Cf) I..... Q.) .- E >, C'O Q) (j) '+- ::J -0 C'O Cf) (j) (.) .- I..... C tn o- m ill "- E 0 u C: tn E co lo- Q) U Q) I..... 0. C1) ctS I..... I..... CD 0.. ::J >< - 0.. fl. U) Cf) rr: w (j) U . . . . 0 0 ~ c: :1 en c o -- c .- 0- o o 11- .- ..0 :s 0- co (j) u c o J...J tfl ro (l) o ..t-J OJ E c 0 o 1..- l.+- e: ---. >-._ 0 U c: .j.-l C 0 OJ C1J~ .j.-l C\(\) ::J "".j.-l E ::s ~ E OJ g EU\ 0 8 .-- Q) ..-_ 0.0 ~ E ; ~ 0':' 0. ~ 0.1- - Q. rA 0 (/) .... -0 C 0- ro J:i -S ra9;<1J--O ,..tA;;-fQ$ ... Q)'- u ..,g (l) "'"" ..,g.:::L. ._ 0 1- e 0 1- _N..c Q)\.Oo .0 c:J) ~ ..- I.f) "$ g, \ 8. \ t: o .-- ... to .., 1- o Oa (J) C ta I- ... U .-- - .c -'t.J-J-o- ."",1- 0 ro C. "'"' Q) ~ ~c.f)"l-J 0'0..0:J C :J 0.. Q) ...... c.f) 0- C -0 0 e~ ..,g m~cf~ Q. r:fJ N ,..-\ &1 \ \ I . . . - -\...J co OJ u .- > ~ OJ r..n OJ (f) :J -0 - :J o ~ ~ -RGJ o OJ ~~ \ ValleyRide FY 04 Budget Request Summary Expenditures Labor * Maintenance and Operations Planning Projects Total Revenues FY 04 Dues Federal funds Other local Total $367,041 $298,051 $569,519 $1,234,611 $319,490 $881,537 $33,584 $1,234,611 *Assumes no salary or medical benefit increases TOTAL DUES; Ada County Ada County Highway District Boise City Boise State University Caldwell Canyon County Highway Districfs-Canyon County Capital City Development Corp Eagle Garden City GreenJef Kuna Melba Meridian Middleton Nampa Notus Parma Star Wilder 35,263.00 1,500.00 117.559.00 2,500.00 18,430.00 29,666.00 1.400.00 22,500.00 8,486.00 6,953.00 527.00 5,189.00 307.00 25,489.00 2,164.00 37,936.00 300.00 1,085.00 1,346.00 890.00 319,490.00 Commuters Bus Inc. Fleet Two 47-passenger coaches equipped with reclining seats, a restroom, and bicycle storage, driven by commercial licensed drivers. Routes Fixed Route 1 - Morning commute from Caldwell and Nampa to Boise, with reverse commute in the late afternoon. Fixed Route 2 - Morning commute from Middleton, Star and Eagle to Boise, with reverse commute in the late afternoon. Hours of Service We serve the 8:00 a.m. to 5:00 p.m. Monday through Friday commuter. Ridership Caldwell/Nampa to Boise route has approximately 60 rides per day Middleton/Star/Eagle to Boise has approximately 50 rides per day Emplovees One owner/driver, one part-time driver, and one office staff Service Area Canyon County to Ada County Fares Caldwell/Nampa to Boise and Middleton/Star to Boise $5.00 one-way $7.00 roundtrip $79.95 per month $99.95 for 40 one-way punch pass ($200.00 value)* Eagle to Boise $4.00 one-way $6.00 roundtrip $59.99 per month $79.95 for 40 one-way punch pass ($160.00 value)* *Valid only for three consecutive months Updated 5/03 Treasure Valley Transit Fleet . Seventeen (wheelchair) accessible buses . Seven wheelchair capacity light transit van . One 15-passenger van Routes . Nampa and Caldwell City fixed line routes . Boise shuttle that also makes two stops in Meridian (starts June 2) . Commuter shuttle buses from 5:25 a.m. to 4:25 p.m. leaving Nampa, last one returns to Nampa at 6:45 p.m. Connects with BUS routes in Boise. Also makes stops in Nampa and Meridian . Contract and Demand Response service for Canyon County Hours of Service . Nampa and Caldwell city routes run 7 a.m. through 7 p.m. . Demand Response services operate between 8:30 a.m. to 4:30 p.m. . Contract Services operate from 6:00 a.m. until 5:00 p.m. Ridership . For calendar year 2002 TVT / TVM transported 128,414 passengers (fixed routes: 82,507; demand response and contract: 45,907). . 74,308 of these passengers were general public riders Employees . Executive director, assistant director, transportation coordinator, administrative assistant and part-time office clerk/volunteer . One Operations Supervisor and twenty- two bus operators. Service Area . Primarily Canyon County with connections to Ada County. Fares . City Routes: $.75 Adult, $.50 Student / Child and $.25 Senior and/or Disabled. Monthly Passes: $20.00 Adult, $14.00 Senior and/or Disabled. . Commuter Shuttles: $1.50 per boarding. Monthly Passes: $45.00, $25.00 for a 20-ride punch pass valid for three months. Updated 5/2003 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TuesdaYJ May 20J 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: )( Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie 2. Adoption of the Agenda: AppfT)V{ ()J/l:h JirYUA1d;nt1fut Bill Nary Keith Bird 3. Consent Agenda: A. Approve minutes of April 8J 2003 Pre-Council Meeting: n:Jp(l)iJ0 Approve minutes of April15J 2003 Pre-Council Meeting: .Htprof/0 Approve minutes of May 6J 2003 City Council Regular Meeting: Af'loroltf!-- Findings of Fact and Conclusions of Law for Approval: AZ 03- 004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: A-fpJnJY0 Findings of Fact and Conclusions of Law for Denial: RZ 03- 003 Request for a Rezone of 0.35 acres from R-4 to O-T zones for Merlyn Schmeckpeper by Merlyn Schmeckpeper - 230 West Pine Avenue: AyJpY()V~ Findings of Fact and Conclusions of Law for Denial: CUP 03- 006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed O-T zone for Sunshine Academy by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue: Atfr17YL- B. IC, D. E": -P. cr. Findings of Fact and Conclusions of Law for Approval: AZ 03- 007 Request for annexation and zoning of 2.223 acres from RUT to C-G zones for Comfort Suites by Kanti Patel - west of South Eagle Road, south of East Magic View Drive on South Wells Street: A-pp rotJ~ Meridian City Council Agenda - May 20, 2003 Page 1 of 4 An 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. ..1. I:t Findings of Fact and Conclusions of Law for Approval: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake VillaQe by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: A-pprvlJf!J Findings of Fact and Conclusions of Law for Approval: CUP 03-009 Request for a Conditional Use Permit for the development of a rental/restaurant complex in a C-C zone for Hark's Corner by Van Hees Properties, LLC - southwest corner of West Franklin Road and South Linder Road: J+p-prou-u ftrru,nded h11clt:ngp Findings of Fact and Conclusions of Law for Approval: VAR 03-014 Request for a Variance for a Time Extension of Final Plat for Staten Park Subdivision by Doug Campbell - east of North Black Cat Road on West Ustick Road: J+p-PYVYL> Development Agreement: AZ 01-016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian StoraQe by Queenland Acres, Inc. - south of West Overland Road and west of South Meridian Road: A-ffJrofJ0 Approve Beer and Wine Licenses for St. Luke's Regional Medical Center - 520 S. Eagle Road: A-f1JroV'L- Change Order No.1, Meridian Settlers Park Restroom Building - Golis Construction: /1-eo?YOVo 1:" f ,Ie J=. M. ,{ 4. Change Order No.2, Meridian Settlers Park Restroom Building - Golis Construction: ,!J-pfYTP/0 Department Reports: - ~xe 6vLi-1'~ S-eSS1'QY"V 5. (Items Moved from Consent Agenda) Ordinance No. 03 -102..0 AZ 01-016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian Storage by Queenland A cres, Inc. - south of West Overland Road and west of South Meridian Road: AtptDIJ-L. Ordinance No. 03 -I () 2-1 AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L-O zones for Central Valley Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: ....4p,?YDlJ€-. Ordinance No. D3 -1022.. AZ 02-031 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for 6. 8. Meridian City Council Agenda - May 20, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting_ ,9~'/ --ro. 12. 13. 14. 15. 16. 17. 1t1. proposed Castle brook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: JJ-ppro~ Ordinance No. (}3- J O'2.~ RZ 03-001 Request for a Rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Ayprvvt-> Ordinance No. (YJ3 - /02'-1 : Adoptin>> _ t~he 2002 National Electrical Code and Additions and Exceptions: .Itf.J-pmvt- Ordinance No. 03- /02'5 Adopting the 2000 Uniform PlumbinQ Code and Additions and Exceptions: Afp rov'€- Continued Public Hearing from May 6, 2003: MI 03-006 Request for use of Lot 1 Block 2 in Sundance Subdivision for a model/sales office for Corey Barton Homes by Corey Barton Homes - ;}590 North Ettay Way: ItffJ roVe... Continued Public Hearing from May 13, 2003: 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 Reynolds - 3289 North Towerbridge Way: Rii-o~-toll(epOAe. Fr:lcL k WY01JcJ..... Continued Public Hearing from May 13, 2003: V AR 03-007 Request for a Variance to the parking requirements for BuildinQ Bridqes Child Development Center by A~ril ~eynolds - 3289 North Towerbridge Way: .l+{J-p-UCvvT-;tlY/ Wd:hc1 r~fA.7n.-- Public Hearing: VAC 03-001 Request for Vacation of existing easements on the recorded plat for sewer and water facilities to be replaced with easements recorded by separate instrument for Presidential Subdivision by Quadrant Consulting, Inc. - northeast corner of North Eagle Road and East Pine Avenue: r IL~ \jH1vmwg~? rtpa.J\.Q fFlcL Tff 17{-r.n--oV &..L Public Hearing: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: (AJ~VUM. 17th to JlLNU ; ,2.-003 Public Hearing: PP 03-004 Request for Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: to n.+1l'lUL rp I h -to J {.,Vvv. -3 I Zoo 3 Meridian City Council Agenda - May 20, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andJor hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 18. Public Hearing: CUP 03-008 Request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 townhomes, 270 apartments, community center, schools and churches in proposed R- 8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC -0 we~t of North Meridian Road and north of West McMillan Road:OYt-hhw rift fo Jlkne 31 2003 19. Water, Sewer and Trash Delinquencies: / / I:'\rr ~JZ.JI03.4 5" 22 DB )tp-pwu-G ~ Twvn vtT '$ . J Zoo f K eb..^-:\-j If€.. ~e 3<11lM ptv JcLa.Jw CocLc. vyw {JeCt'~'M (YlCt-circ-- . Lo7-Z345(1)(C) : Meridian City Council Agenda - May 20, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN PREwCOUNCIL MEETING AGENDA Tuesday, May 20,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: 2. X Tammy de Weerd X Bill Nary ----X- Cherie McCandless X Keith Bird --1L- Mayor Robert Corrie Adoption of the Agenda: Jlpfrvv-(...-- Discussion ofVaney Ride: PreSVrz.:-[c:L-hfYl of ~lfrt''-'*t}f'c'f(Ct/v'{.--, (15 minutesfo) 3. 4. Discussion of Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project: J[-f4VYWUJ -kJ 'fi.[J/JaJ'Lz.., 'l-t YOUL:t1~ (10 minutesfo) 6- I Discussion of Skate Park Policy: f)..-{<5tt{3$ecl (10 minutes*) 5. 6. Discussion of Solid Waste Franchise I~sues: (,). . ..1...- (10 minutes*) .flffol'7Uf:j +0 Pi"rpa.fe.... NSOhvT ,IVI..-> Executive Session per Idaho Code i67-2345(1)(b) and (c): vJn~r;-e io t1nd a--r JLtjvricuu tJL[)MdtG 7. It 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 20, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiriJIg accommodation fOl" disabilities related to documeJJts andfor hearings please contact the City Clerk's Office at 888-4433 at leasl48 hours prior to the public meeting. PU.ez8e.- fJOSi j;y }Jub-L:e- YLo-h'Q - !h0J11 tS/ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 20, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of April 8,2003 Pre-Council Meeting: B. Approve minutes of April 15, 2003 Pre-Council Meeting: C. Approve minutes of May 6, 2003 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: E. Findings of Fact and Conclusions of Law for Denial: RZ 03-003 Request for a Rezone of 0.35 acres from R-4 to O-T zones for Merlyn Schmeckpeper by Merlyn Schmeckpeper - 230 West Pine Avenue: F. Findings of Fact and Conclusions of Law for Denial: CUP 03-006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed Q-T zone for Sunshine Academv by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue: G. Findings of Fact and Conclusions of Law for Approval: AZ 03-007 Request for annexation and zoning of 2.223 acres from RUT to C-G zones for Comfort Suites by Kanti Patel - west of South Eagle Road, south of East Magic View Drive on South Wells Street: H. Findings of Fact and Conclusions of Law for Approval: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake VillaQe by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: Meridian City Council Agenda - May 20, 2003 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. I. Findings of Fact and Conclusions of Law for Approval: CUP 03-009 Request for a Conditional Use Permit for the development of a rental I restaurant complex in a C-C zone for Hark's Corner by Van Hees Properties, LLC - southwest corner of West Franklin Road and South Linder Road: J. Findings of Fact and Conclusions of Law for Approval: VAR 03~014 Request for a Variance for a Time Extension of Final Plat for Staten Park Subdivision by Doug Campbell - east of North Black Cat Road on West Ustick Road: K. Development Agreement: AZ 01 ~016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian StoraQe by Queenland Acres, Inc. - south of West Overland Road and west of South Meridian Road: L. Approve Beer a nd Wine Licenses for S t. Luke's Regional Medical Center - 520 S. Eagle Road: M. Change Order No.1, Meridian Settlers Park Restroom Building - Golis Construction: N. Change Order No.2, Meridian Settlers Park Restroom Building - Golis Construction: 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Ordinance No. : AZ 01-016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian StoraQe by Queenland Acres, Inc. - south of West Overland Road and west of South Meridian Road: 7. Ordinance No. : AZ 03~001 Request for annexation and zoning of 10.006 acres from RUT to L-O zones for Central Vallev Baptist Church by Central Valley Baptist Church - east 0 f North Ten Mile Road and south of West Pine Avenue: 8. Ordinance No. : AZ 02~031 Request for annexation and zoning 0 f 39.05 a cres from RUT toR -8 z ones for proposed C astlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: 9. Ordinance No. : RZ 03-001 Request for a Rezone of 6.95 acres from L-O to L-Q and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Meridian City Council Agenda - May 20,2003 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. Ordinance No. Adopting the 2002 National Electrical Code and Additions and Exceptions: 11. Ordinance No. Adopting the 2000 Uniform Plumbina Code and Additions and Exceptions: 12. Continued Public Hearing from May 6, 2003: MI 03-006 Request for use of Lot 1 Block 2 in Sundance Subdivision for a model I sales office for Corey Barton Homes by Corey Barton Homes - 3590 North Ettay Way: 13. Continued Public Hearing from May 13, 2003: CUP 03-004 Request for a Conditional Use Permit for a childcare facility in an R-4 zone for Buildina Bridaes Child Development Center by April Reynolds - 3289 North Towerbridge Way: 14. Continued Public Hearing from May 13, 2003: VAR 03-007 Request for a Variance to the parking requirements for Buildina BridQes Child Development Center by April Reynolds - 3289 North Towerbridge Way: 15. Public Hearing: V AC 03-001 Request for Vacation of existing easements on the recorded plat for sewer and water facilities to be replaced with easements recorded by separate instrument for Presidential Subdivision by Quadrant Consulting, Inc. - northeast corner of North Eagle Road and East Pine Avenue: 16. Public Hearing: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-a, and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: 17. Public Hearing: PP 03-004 Request for Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres in proposed R-8, R-40, L-a and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: 18. Public Hearing: CUP 03-008 Request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 town homes, 270 apartments, community center, schools and churches in proposed R-8, R-40, L- a and C-G zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: 19. Water, Sewer and Trash Delinquencies: Meridian City Council Agenda ~ May 20,2003 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX co: 'lAT! ON REPORT *>1< AS OF MAY 16 '1';l3 j PAGE. 131 CITY OF MERIDIAN DATE TIME TO/FROM MODE MlN/SEC PGS CMDIl STATUS 12 05/15 14:55 3810150 EC--S 131'41" 003 193 OK 13 05/16 15:130 PUBLIC WORKS UF--S 01';l'49" 0133 193 OK 15 05/16 15:03 8841159 EC--S 01'132" 003 193 OK 16 135/16 15' El4 21388840744 EC--S 01'1313" 1303 193 OK 17 135/16 15:07 2088467366 EC--S al'01" 003 193 OK 18 135/16 15:09 8985501 EC--S 01'00" 003 193 01< 20 06/16 15:11 LIBRARY EC--S 01'21" 003 193 OK 21 00/16 15'13 92083776449 EC--S 01'00" 003 193 OK 22 135/16 15:15 208 389 6924 EC--S al'19" 003 193 OK 23 00/1615:17208898685'1 EC--S 01'01" a03 193 OK 24 05/16 15'19 8956396 EC--S 66'59" 003 193 OK 25 05/16 15:21 268 387 6393 EC--S 01 '00" 003 19:3 OK 26 a5/16 15:23 ADA CTY DEUELMT G3--S 01'47" 003 193 OK 27 05/16 15:25 CHERIE MCCANDLES EC--S 01' 15" 003 193 OK 28 65/16 15:27 a-lERRY LANE EC--S 01' 20" 003 193 OK 29 05/16 15:29 POST OFFICE ECuS 131'41" 0El3 193 OK 313 05/16 15:31 208 88S 1';183 G3--S 01'2a" 003 193 OK 31 06/16 15:33 [0 PRESS TRIBUNE EC--S 01'01" 003 193 OK 32 65/16 15'34 208 888 67013 EC--S 131'00" 003 193 OK ?Uo.&e. <pof!,i ~ 'Vu.b-ltc- nof";~- IhMr!=s/ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 20, 2003 at 7:00 p.m. City Council Chambers 1. RoJl.call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of April 8, 2003 Pre-Council Meeting: B. Approve minutes of April 15, 2003 Pre-Council Meeting: C. Approve minutes of May 6, 2003 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: I(Z. 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Monlvue Drive: E. Findings of Fact and Conclusions of Law for Denial: RZ 03-003 Request for a Rezone of 0.35 acres from R-4 10 O-T zones for Merlyn SChmeckpeper by Merlyn SchmeCK peper - 230 West Pine Avenue; F. Findings of Fact and Conclusions of Law for Denial: CUP 03-006 Request for a Conditional Use Permit for a Child Care Facility for approximatety 30 children in a proposed O-T zone for Sunshine Academy by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue; G. Findings of Fact and Conclusions of Law for Approval: AZ 03-007 Request for annexation and zoning of 2.223 acres from RUT to CoG zones for Comfort Suites by Kanti Patel - west of South Eagle Road. south of East MagiC View Drive on South Wells Slreet H. Findings of Fact and Conclusions of Law for Approval: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake VillaQe by Hummel Archilects, P.A. - east of South Eagle Road on East Franklin Road: M.ridl.n Cl'~ Co"ne,1 Ag..d. - M,y 20. 200J P'so I 00 An nu.teri...l;. Tlrcs:cnted ;![l"+lil~l: mcl:tingi: ~t b~oo~ prOpttl)" uf\lk: Ci~)' ~rMtrith~n. AnYllne de$lrln,e; ~ccDmrooditi{)n fordi:S::lbilitic$ r.;I:lc<<l ro docurnc:nt;o: andfar hC"1r-1n~ plc~e' Con~uct Ole a~y Cl,;:f'fc'5' Offi.:-c 1;11 SSS-4433 DtJell.$t.48 hou~ prior to ~he p\tb1ic lnetting. , ** TX CONF1RM, .ON REPORT >l<>l< ( AS OF MAY 16 '~~ 15:49 PAGE. 01 CITY OF MERIDIAN 01 82 83 DATE TIME TO~FROM 85~16 15:39 12084664485 85~16 15:41 Laurel 85~16 15:49 KEITH BIRD STATUS OK OK BUSY MODE EC--S EC--S ----S MIWSEC PGS 81' 83" 883 01'82" 003 130'1313" 81313 CMDI:I 193 193 193 -------------~--------------~--------------------------------------------~--------------~--- P k Ct8e.. 1>O~i ~ ?u.-b-l(c.. rlof.iQ - /htvr{ ~S/ CITY OF MERIDIAN CITY COUNClL REGULAR MEETING AGENDA Tuesday, May 20, 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 minutes of April 8, 2003 Pre-Council Meeting: B. Approve minutes of April 15, 2003 Pre-Council Meeting: C. Approve minutes of May 6, 2003 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 03.004 Request for annexation and zoning of 1.37 acres from R.1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers. lne. - 360 East Montvue Drive: E. Findings of Fact and Conclusions of Law for Denial: RZ 03-003 Request for a Rezone of 0.35 acres from R-4 to O-T zones for Merlyn Schmeckoeoer by Merlyn Schmeckpeper - 230 West Pine Avenue: F. Findings of fact and ConclusIons of Law for Danial: CUP 03-006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed a-T zone for Sunshine Academy by Sharon O'Toole and DebbIe and James Sheridan - 230 West Pine Avenue: G. Findings of Fact and Conclusions of law for Approval: AZ 03-007 Request for annexation and zoning of 2.223 acreS from RUT to CoG zones for Comfort Suites by Kanti Patel - west of South Eagle Road, south of East Magic View Drive on South Welfs Street: H. Findings of Fact and Conclusions of Law for Approval: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake VillaCl8 by Hummel Architects. PA - east of South Eagle Road on East Franklin Road: M ~ridi~lI Cily Council A.gend~ - M~y 20, 2003 h$c 1 (>1'3 All "",u:rial~ l'~'III.d >11"lhlic ",eeting.< ,ll.tll be.",rruo ,,''''palY "flh. CiIY of Meridian. Anyone desiring ~ccommod~ljon ror di$Jbililics relaled 10 document. and/nr ""'rings 'Plc,",c c""I.~llhe Cily Clctk.s Office.t 8884433 al ICDS148 hours prior to 1he public mccting ** TX coC lAT ION REPORT ** AS OF MAY 2121 '03 J PAGE. 1211 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 16 1215/2121 23:24 381121180 EC--S 1212'1219" 1211214 237 OK 17 1215/2121 23'27 PUBLIC WORKS UF--S 1211'1213" 1211214 237 OK 18 00/20 23:28 12084664405 EC--S el'17" ee4 237 OK 19 1215/2121 23'3121 8841159 EC--S 1211'16" 1211214 237 OK 2121 1215/2121 23:32 21218884121744 EC--S 1211' 15" 12104 237 OK 21 1215/2121 23'34 2eSS467366 EC--S 01' 17" 004 237 OK 22 e5/2e 23:36 898551211 EC--S e1'14" 1211214 237 OK 23 1215/20 23'37 LIBRARY EC--S 1211'39" 1211214 237 OK 24 1215/2121 23:39 92083776449 EC--S 131' 15" 004 237 OK 25 105/20 23:41 208 388 6924 EC--S 101'38" 01214 237 OK 26 1215/20 23'43 2088886854 EC--S 1211' 15" 1211214 237 OK 27 1215/210 23'45 89510390 EC--S 131' 15" 131214 237 OK 28 1215/210 23:47 Laurel EC--S 131' 17" 121134 237 OK 29 OS/2121 23:49 208 387 6393 EC--S e1'14" 1211214 237 OK 31<l OS/2121 23:50 ADA CTY DEUELMT G3--S 132'18" 12104 237 OK 31 1215/2121 23'53 CHERIE MCCANDLES EC--S 131'35" 131214 237 OK 32 1215/2121 23:55 CHERRY LANE EC--S 1211'39" 01214 237 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 20, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ----X-. Bill Nary -X- Cherie McCandfess -X- Keith Bird -1L Mayor Robert Corrie 2. Adoption of the Agenda: Appro()( tpN:h .ftrru.mL/?1P"I'd 3_ Consent Agenda: A. Approve minutes of April 8,2003 Pre-Council Meeting: /hPPr7Jf16 Approve minutes of April 15, 2003 Pre-Council Meeting: ./Jtpfl)(}0 Approve minutes of May 6, 2003 City Council Regular Meeting: ApjDro/l'f- Findings of Fact and Conclusions of Law for Approval: AZ 03. 004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Monlvue Drive: App?flJ(0 Findings of fact and Conclusions of Law for Denial: RZ 03. 003 Request for a Rezone of 0.35 acres from R-4 to O-T zones for Merlyn Schmeckpeper by Merlyn Schmeckpeper - 230 West Pine Avenue: A-ppyove.., B. C. D. E. F. Findings of Fact and Conclusions of Law for Denial: CUP 03- 006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed O-T zone for Sunshine Academ1( by Sharon O'Toole and Debbie and James Sheridan _ 230 West Pine Avenue: ../J-ffJYVr'€..- Findings of Fact and Conclusions of Law for Approval: AZ 03- 007 Request for annexation and zoning of 2.223 acres from RUT to CoG zones for Comfort Suites by Kanti Patel - west of South Eagle Road. south of East Magic View Drive on South Wells Street IJ-pP(O/)L, G. MCJ'idi'"'CjlyCo"n.il~'nda- Moy20,2oo$ "'-tot 0[4 ^lIl'f1Ulai~lli l)T.:.;:~nu:rl ilIt public.I1'Jr;l;lincs 'Shin 1x:~Qme prOpU'lyofthe Cif)" (lfMerid:~""n. A.n)'lJ.ne d~irin~ ~Wimm.:Kbticn ror diS:lbilitlC.s re]01Ir:d t~ documtnt.'l:.!I.ndJor he:.ril\&'S ~I,>s. <onbCllh. CIty Ct"k', OfJic..r 888-4433 .11"''''5 hoOtS priollO lh. p.bli. """linG. (- AS OF MAY 21 '0.::>00:06 PAGE. 01 i.' ** TX CONFIRM.. ,ON REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDI1 STRTUS 01 OS/20 23:58 POST OFFICE EC--S 02'09" 1304 237 OK 02 OS/21 00:00 208 888 1983 G3--5 01' 43" 004 23'7 OK 0'3 OS/21 00:0'3 ID PRESS TRIBUNE EC--S 01'17" 004 237 OK 04 OS/21 00:04 208 888 6700 EC--S 01'1'7" 13134 237 OK ----------------------------------~--------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 20,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd -L Bill Nary ---K- Cherie McCandless ---X-- Keith Bird ----12- Mayor Robert Corrie 2. Adoption of the Agenda: Ap-prv(J( {)J/th .Jfm?1ldJn.e.'YL-t 3. Consent Agenda: A. Approve minutes of AprilS, 2003 Pre-Council Meeting: ffJ~{lJ()G. Approve minutes of April 15, 2003 Pre-Council Meeting: ./ftp (lJ(,/-GI Approv~ minutes of May 6, 2003 City Council Regular Meeting: .J.Jf7orol!f-.- Findings of Fact and Conclusions of Law for Approval: AZ 03- 004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic-by Pinnacle Engineers, Inc. - 360 East Montvue Drive: ../Jf1)nJ'f(.., Findings of Fact and Conclusions of Law for Denial: RZ 03. 003 Request for a Rezone of 0.35 acres from R.4 to O-T zones for Merlyn Schmeckpeper by Merlyn Schmeckpeper - 230 West Pine Avenue: AyJ-prv'le... B. C. D. E. F. Findings of Fact and Conclusions of Law for Denial: CUP 03~ 006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed O-T zone for Sunshine Academv by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue: AtfY71(€-- Findings of Fact and Conclusions of Law for Approval: p.z 03. 007 Request for annexation and zoning of 2.223 acres from RUT to CoG zones for Comfort Suites by Kanti Patel - west of South Eagle Road, south of East Magic View Drive on South Wells Street: fi(JPfl){)'6 G. Meridi!lll City Coun~il Agendil - May 20, 2003 ~c I of 4 ^" mah:rlols l'>re.,entc<1 "public lnCcting. sh.1l become ptopmy of the Cit)' oCMeriai,n. Anyone ocsiring a=mmolla~nn Ibr di~bilities tel.led to documents Olld/or he.rintS plcazc eOn\:lcllhc City Clerk's omcc .1 888-4433 .IIClL" 43 hours prior 10 lhe public tntCI,ng ~- ( May 16,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT May 20, 2003 ITEM NO. 8-L- REQUEST Approve minutes of May 6, 2003 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: /JrprTJ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 6, 2003 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of March 25, 2003 Pre-Council Meeting: Approve B. Approve minutes of April 1, 2003 Pre-Council Meeting: Approve C. Approve minutes of April 15, 2003 City Council Regular Meeting: Approve D. Approve minutes of April 22, 2003 City Council Regular Meeting: Approve E. Findings of Fact and Conclusions of Law for Approval: AZ 03~ 001 Request for annexation and zoning of 10.006 acres from RUT to L-O zones for Central Vallev Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: Approve F. Findings of Fact and Conclusions of Law for Approval: AZ 02~ 031 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Approve G. Findings of Fact and Conclusions of Law for Approval: PP 02- 032 Request for Preliminary Plat approval of 150 building lots and 9 other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC - Meridian City Council Agenda - May 6, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please conlactthe City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Approve H. Findings of Fact and Conclusions of Law for Approval: VAR 03-005 Request for a Variance to allow certain blocks to exceed 1000 foot maximum length and certain block lengths to be less than 500 foot minimum for Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Approve I. Findings of Fact and Conclusions of Law for Approval: RZ 03- 001 Request for a Rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Approve J. Approve Beer and Wine License Transfers for Idaho Pizza Company from 120 E. Fairview to 405 East Fairview Avenue: Approve K. Addendum to Lease for Meridian Chamber of Commerce: Approve L. Approve Liquor License Application for EI Tenampa by Susan Goodwin - 906 North Main Street: Approve M. Approve Agreement for Hookup to City Sewer and Annexation - Anthony Mahatv: Approve N. Approve Change Order No.1 for the White Drain Sewer Trunk Project - Thueson ConstructionJ Inc.: Approve O. Award Bid I Contract for 2003 Locust Grove Sewer and Water Line - Bitterroot Construction: Approve P. Approve Bills: Approve 4. Department Reports: None 5. (Items Moved from Consent Agenda): None 6. FP 03-022 Request for Final Plat approval of 72 building lots and 16 other lots on 15.3 acres in an R-8 zone for Cobblefield Crossing Subdivision by CMD, Inc. I Doug Campbell - North Linder Road and West McMillan Road: Approve Meridian City Council Agenda - May 6, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. 7. FP 03-023 _ Request for Final Plat approval of 37 building lots and 11 other lots on 16.56 acres in an R-4(PD) zone for Cobre Basin Subdivision No. 1 by Havasu Creek, LLC - west of North Locust Grove Road and south of East McMillan Road: Approve 8. Continued Public Hearing from April 15, 2003: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 9. Public Hearing: RZ 03-003 Request for a Rezone of 0.35 acres from R- 4 to 0- T zones for Merlyn Schmeckpeper by Merlyn Schmeckpeper- 230 West Pine Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 10. Public Hearing: CUP 03-006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed O-T zone for Sunshine Academy by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 11. Public Hearing: AZ 03-007 Request for annexation and zoning of 2.223 acres from RUT to C-G zones for Comfort Suites by Kanti Patel- west of South Eagle Road, south of East Magic View Drive on South Wells Street: Attorney to prepare Findings of Fact and Conclusions of law for Approval 12. Public Hearing: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow lake Village by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: CUP 03-009 Request for a Conditional Use Permit for the development of a rental! restaurant complex in a C-C zone for Hark's Corner by Van Hees Properties, LLC - southwest corner of West Franklin Road and South Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: VAR 03-014 Request for a Variance for a Time Extension of Final Plat for Staten Park Subdivision by Doug Campbell - east of North Black Cat Road on West Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - May 6, 2003 Page 3 of 4 All materials presented at public meetings shall become property oftbe 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. 15. Public Hearing: MI 03-006 Request for use of Lot 1 Block 2 in Sundance Subdivision for a model/sales office for Corey Barton Homes by Corey Barton Homes - 3590 North Ettay Way: Continue Public Hearing to May 20, 2003 Meeting Meridian City Council Agenda - May 6, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. )D J BEFORE THE MERIDIAN CITY COUNCIL C/C 05-06-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 1.37 ACRES FOR ) PROPOSED MONTVUE MEDICAL ) CLINIC, LOCATED AT 360 EAST ) MONTVUE DRIVE, MERIDIAN, ) IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) Case No. AZ-03-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 6,2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, JoAnn Butler, and Thora Willis, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 1 OF 16 Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 1.37 acres in size and is located at 360 East Montvue Drive, 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 Patricia Ruyf, 360 East Montvue Drive, Meridian, Idaho 83642. Developer is SJJV, L.L.C., c/o Mark Bottles Real Estate, 5418 North Eagle Road, Suite 160, Boise, Idaho 83713. Applicant is Pinnacle Engineers, Inc. (Clint Boyle), 12552 W. Executive Drive, Ste. B, Boise, Idaho 83713. 5. The property is presently zoned R-1 (Ada County), and consists of residential property. 6. The Applicant requests the property be zoned as L-O (Limited Office District). 7. The subject property is bordered to the north and west by Montvue Subdivision consisting of 1 + acre residential lots, zoned R-I (Ada County), to the south by S1. Luke's Medical Complex, zoned L-O, to the east by Meadow Lake Village, zoned L-O. 8. The Applicant proposes to develop the subject property in the following manner: medical office. 9. The Applicant requests zoning of the subject real property as L-O, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 10. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 2 OF 16 11. 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 ofthe Meridian Planning & Zoning Department as follows: Annexation and Zoning Conditions of Approval 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape inigation. 2. All future development or re-development of the subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development of the subject property to a use permitted within the L-O zone. All other uses ofthe property may be allowed only upon approval of a conditional use permit. 3. A Development Agreement shall be required for this annexation and shall address uses and other development impacts of the property and include language similar to other development agreements in an L-O zone. The agreement shall require the building construction and site layout to be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. (Revised per City Council's action taken at their May 6,2003 meeting.) 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. B. Adopt the Recommendations of ACHD as follows: Anticipated Site-Specific Conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 3 OF 16 The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 7-feet of right-of-way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of 35-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of Montvue Drive. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 4 OF 16 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 subj ect 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 ofthe Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix Ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius 0[28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 5 OF 16 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. We would request that the private road be given a name and the property addressed off of that street. 7. Provide a vertical clearance of 13' 6" in drive thru areas. D. Adopt the Recommendations/Comments of Sanitary Service as follows: 1. Is it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. 12. The Comprehensive Plan depicts the subject property as "Commercial" on the Future - Land Use Map, allowing the applicant to request an L-O (Limited Office) zoning designation and remain in compliance with the Comprehensive Plan. It is found that the requested medical office use is in compliance with the adopted Comprehensive Plan. 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed medical office/clinic will be allowed as a permitted use within the requested L-O zone. 15. The recently approved (8/02) Comprehensive Plan depicts the entire Montvue Subdivision as future commercial land. Many ofthe home owners within the Montvue Subdivision testified at public hearings for the Comprehensive Plan that they wanted a commercial designation for the entire subdivision and the City agreed with them. Montvue Subdivision has only one (1) point of ingress and egress, located on Eagle Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 6 OF 16 approximately 320' south of Franklin. This entrance into the subdivision is not easily accessible to vehicles traveling south on Eagle Road due to the high number of vehicles that stack up at the Franklin and Eagle intersection. Additionally, it is very difficult to make a left hand turn out ofthe subdivision onto Eagle Road. The proposed annexation would provide a secondary vehicular connection to Eagle Road from the Montvue Subdivision. The traffic light located at St. Luke's Drive and Eagle Road will help facilitate traffic movement for the existing residential and future commercial traffic. St. Luke's and other medical uses are located within the same area and have been developed or proposed in a similar fashion to the proposed annexation. Review ofthe St. Luke's private drive history within the ACHD report on pages 3-6 provides additional information regarding the surrounding developments. 16. It is found that the proposed medical use will be designed appropriately to match with the intended character of the general vicinity. The two story office building is different from the adjacent single family houses; however, it is designed to be hannonious with the St. Luke's buildings on the south side ofthe subject property. The proposed change in the existing character of the area is in harmony with the intended future land use envisioned by the Comprehensive Plan. 17. It is not anticipated that the proposed medical office use will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. The proposed private street will connect to a public street (Montvue Drive) to a private street (St. Luke's Drive) and will create additional vehicle trips into and out of the subdivision across the new private street. One by-product of the new road, whether it is constructed as a private road or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 7 OF 16 public road, will be the possible use ofthe road for cut-through traffic. In the near future Montvue Subdivision will connect with the Touchmark Senior Housing Project to the west, thereby providing access to Franklin Road. The roadway, when complete, will allow motorists to avoid the Eagle and Franklin intersection by cutting through the Montvue Subdivision. The increase in traffic may be disturbing to the homeowners near the subject property, but the increase of traffic near the subject property will not be a result of the proposed use, as most motorists will use St. Luke's private drive to access the subject property and not enter the subdivision. Future commercial uses within Montvue will have a greater impact on the number of vehicles within the subdivision. 18. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD and Fire Department's comments concerning this subdivision will provide further information regarding public services when the property develops. 19. 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. 20. It is found that the proposed annexation and use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare ofthe surrounding area. The fact is also that traffic will increase on St. Luke's private road and that is an issue that will need to be worked out between the Neighborhood and the Hospital. Itisnotanticipatedthatthetraffic generated by the proposed office use will be detrimental to the public welfare of the city. 21. It is found that the new private street connection between the hospital and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 8 OF 16 neighborhood will help to reduce the existing problem of accessing Montvue Subdivision by providing a secondary access controlled by an intersection. The access to the office will affect traffic on the existing private street and will impact the traffic light on Eagle Road. It is found that the proposed use will not create significant interference, but the addition of other commercial uses within the subdivision may create a burden on the public street system if improvements are not made to the traffic light and Eagle Road. Review of ACHD comments will provide concern of vehicular approaches and traffic generation. 22. 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. 23. It is found that the annexation of this property would be in the best interest of the City. 24. 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. 11, 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. 25. It is also found that the development considerations as referenced in Finding No. 11 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 9 OF 16 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. 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 ofthe Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 10 OF 16 estabIislunent of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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 1.37 acres to Limited Office (L-O) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 1.37 acres. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 11 OF 16 shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn 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 ofthe Meridian Planning & Zoning Department as follows: Annexation and Zoning Conditions of Approval 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development or re-development of the subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development of the subject property to a use pennitted within the L-O zone. All other uses of the property may be allowed only upon approval of a conditional use pennit. 3. A Development Agreement shall be required for this annexation and shall address uses and other development impacts of the property and include language similar to other development agreements in an L-O zone. The agreement shall require the building construction and site layout to be in substantial confonnance with the site plan presented with the application. A minimum 29-foot wide, pennanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. (Revised per City Council's action taken at their May 6,2003 meeting.) 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 12 OF 16 B. Adopt the Recommendations of ACHD as follows: Anticipated Site-Specific Conditions The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 7-feet of right-of-way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of35-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of Montvue Drive. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 13 OF 16 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 subj ect 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. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a tuming radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ~03-004) PAGE 14 OF 16 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6 . We would request that the private road be given a name and the property addressed off ofthat street. 7. Provide a vertical clearance of 13' 6" in drive thru areas. D. Adopt the Reconunendations/Conunents of Sanitary Service as follows: 1. Is it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. 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 (L-O) Limited Office District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 oftrus Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION 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 oftrus decision and order seek ajudicial review as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 15 OF 16 provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2D-tt--... day of \rYtl\;L~ ROLL CALL ,2003. COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5-20-03 MOTION: VOTED~ VOTED~ VOTED~ VOTED~_ VOTED - APPROVED: X DISAPPROVED: Attest: By: %0Jl6\.\ r City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN /' ) /' 'J lJ IN THE MATTER OF THE REQUEST FOR REZONE OF 0.35 ACRE FROM R-4 TO 0- T ZONING FOR PROPOSED CHILD CARE FACILITY, LOCATED AT 230 W. PINE, MERIDIAN, IDAHO MERLYNANDBRANDON SCHMECKPEPER, Applicant. C/C 05-06-03 ) ) ) ) ) ) ) ) ) ) ) oJ Case No: RZ-pt-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER DENYING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .35 acres having come on for public hearing on May 6,2003, at the hour of7:00 o'clock p.m., and Council having received the report of David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton of the Public Works Department, and Brad Hawkins-Clark Planner ill for the Planning and Zoning Department, Kelly Garrity, Sharon 0' Toole, Debbie Sheridan, Merlyn Schmeckpeper, Brandon Schmeckpeper, Bob Chrispell, Darren Rokovitz, Ronald Rokovitz, and Charlene Rokovitz, appeared and testified, and the Council having received the record oftrus matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING REZONING OF 0.35 ACRES FROM R-4 TO O-T BY MERL YN SCHMECKPEPER / (RZr03-003) PAGE 1 OF8 FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for May 6,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries 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 alU1ouncements; and the matter having been duly considered by the City Council at the May 6, 2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately .35 acre in size. The property is located at 230 W. Pine Avenue, Meridian, Idaho, and a copy ofthe legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING REZONING OF 0.35 ACRES FROM R-4 TO O-T BY MERL YN SCHMECKPEPER I (RZ-03-003) PAGE 2 OF 8 5. The owners ofrecord of the subject property are Merlyn and Brandon Schmeckpeper, 147 E. Ada Street, Meridian, Idaho 83642. 6. The Applicants are the owners of record. 7. The property is presently zoned as Low Density Residential (R-4), and consists of residential. 8. The Applicant requests the property be rezoned to Old Town (O-T). 9. The proposed site is bordered to the north by single family residential and Meridian Elementary (zoned R-4), to the south by single family residential (zoned R-8), to the east by single and multi-family residential (zoned R-4), and to the west by single family residential (zoned R-4). 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Child care facility for approximately 30 children. 13. The Applicant requested rezoning ofthe subject real property as O-T which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Old Town. 14. The City Council recognizes the concerns of neighboring property owners in a letter dated March 14,2003. 15. The evidence regarding proposed development does not support the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING REZONING OF 0.35 ACRES FROM R-4 TO O-T BY MERLYN SCHMECKPEPER I (RZ-03-003) PAGE 3 OF 8 conclusion that there has been significant change in the adjacent area to merit the type of use as a day care facility. 16. The design and use of the property as a day care facility, from testimony and evidence presented at the hearing, would not be harmonious with the character of the general vicinity ofthe neighborhood and would change the character ofthe neighborhood significantly by the intensity of traffic. 17. The use of the property as a day care facility would be disturbing to the existing neighboring uses, which are all residential with either single or multi-family dwellings, and very few, if any, commercial businesses in the immediate adjacent area. 18. The proposed day care facility would significantly impact the area and be detrimental to the general welfare of the surrounding area by reason of the added excessive production of traffic and noise. The increase of traffic from the business, along with the configuration of the traffic flow around the proposed day care, would be a nuisance. 19. The vehicular approaches to the property would significantly impact and interfere with traffic on the surrounding public streets and the alley by greatly increasing traffic from the current level on a daily basis. Traffic trips per day would increase from 10 to 160 trips per day. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING REZONING OF 0.35 ACRES FROM R-4 TO 0- T BY MERL YN SCHMECKPEPER I (RZ-03-003) PAGE40F8 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Old Town District, (O-T) is defined in the Zoning Ordinance at 11-7-2 L as follows: (0- T) Old Towll District: The purpose of the 0- T District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center ofthe City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The District shall be served by the Municipal water and sewer systems of the City. Development in this District must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 4. 9 11-15-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 4.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 4.2 The area is not intended to be rezoned in the future. 4.3 The area is intended to be developed in the fashion that is allowed under the new zomng. 4.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 4.5 The proposed use would not be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING REZONING OF 0.35 ACRES FROM R-4 TO O-T BY MERL YN SCHMECKPEPER I (RZ-03-003) PAGE 5 OF 8 character of the general vicinity and that such use will change the essential character of the same area; 4.6 The proposed uses would be hazardous or disturbing to existing or future neighboring uses; 4.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 4.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 4.9 The proposed use would involve uses, activities, processes, materials, equipment and conditions of operation that would be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 4.10 The area would have vehicular approaches to the property which shall be so designed as to create an interference with traffic on surrounding public streets; 4.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 4.12 The proposed zoning amendment is not in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN DENIED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .35 is denied for the following: 1. The evidence regarding proposed development does not support the conclusion that there has been significant change in the adjacent area to merit the type of use as a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING REZONING OF 0.35 ACRES FROM R-4 TO O-T BY MERL YN SCHMECKPEPER / (RZ-03-003) PAGE 6 OF8 day care facility. 2. The design and use of the property as a day care facility, from testimony and evidence presented at the hearing, would not be harmonious with the character of the general vicinity ofthe neighborhood and would change the character of the neighborhood significantly by the intensity of traffic. 3. The use of the property as a day care facility would be disturbing to the existing neighboring uses, which are all residential with either single or multi-family dwellings, and very few, if any, commercial businesses in the immediate adjacent area. 4. The proposed day care facility would significantly impact the area and be detrimental to the general welfare ofthe surrounding area by reason of the added excessive production of traffic and noise. The increase oftraffic from the business, along with the configuration of the traffic flow around the proposed day care, would be a nuisance. 5. The vehicular approaches to the property would significantly impact and interfere with traffic on the surrounding public streets and the alley by greatly increasing traffic from the current level on a daily basis. Traffic trips per day would increase from 10 to 160 trips per day. 2. Based upon the section set forth in item no. 1 above, the application for the rezone designation is denied. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on ~ ROLL CALL ~ 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING REZONING OF 0.35 ACRES FROM R-4 TO O-T BY MERLYN SCHMECKPEPER / (RZ-03-003) PAGE7QF8 COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~ VOTED~ VOTED-$- COUNCIL WOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 5 ~'lo-o3 VOTED --- MOTION: APPROVED: I- DISAPPROVED: Attest: (VLQ().n ~~ William G. Berg, Jr., City Clerk - ~ - .. ... ~~2z.-o3 ... .. ;:: Z:\Work\M\Meridian\Meridian 15360M\Schmeckpeper RZ 03003 Denial\FfsClsOrder DENYING Rezone.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING REZONING OF 0.35 ACRES FROM R-4 TO 0- T BY MERL YN SCHMECKPEPER / (RZ-03-003) PAGE80F8 BEFORE THE MERIDIAN CITY COUNCIL , '7,1 ? IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) A CHILD CARE FACILITY IN A PROPOSED ) O-T ZONE, LOCATED AT 230 WEST PINE ) A VENUE, MERIDIAN, IDAHO ) ) ) ) ) ) ) BY: SUNSHINE ACADEMY, INC., APPLICANT C/C 05/06/03 CUP-03-006 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 6, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of7:00 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and the minutes of that hearing, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, Kelly Ganity, Sharon O'Toole, Debbie Sheridan, Merlyn Schmeckpeper, Brandon Schmeckpeper, Bob Chrispell, Darren Rocovich, Ronald Rocovich, and Charlene Rocovich, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. ORDER OF DENIAL OF APPLICA nON FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INC. / (CUP-03-006) PAGE 1 OF 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staffhas complied with the requirements ofLC. SS 67-6509 and 67- 6512 and SS 11-2-416 E and 11-2-418 E. 3. The proposed location for the applicant's business is located at 230 W. Pine Avenue, Meridian, Idaho. The following uses surround the subject property: North: Single family residential and Meridian Elementary, zoned R-4, South: Single family residential, zoned R-8, East: Single and multi-family residential, zoned R-4, and West: Single family residential, zoned R -4. 4. The proposed use would be for a child care center for approximately 30 children and to convert the existing house into a child care center which is located at 230 W. Pine Avenue. Child care centers require a conditional use permit in the O-T zone. 5. The owner of the subject property, Merlyn Schmeckpeper, has requested the approval ofa rezone of this subject property, 230 W. Pine Avenue, from R-4 to O-T in order to accommodate a request for a Conditional Use Permit to allow a child care center to be started on the property. Merlyn Schmeckpeper is the current owner of the subject property but he has submitted an Affidavit oflegal interest to allow the applications to be submitted for the subject property. The applicants for the Conditional Use Permit, Sharon O'Toole and Debbie and James ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INe. I (CUP-03-006) PAGE20F6 Sheridan - Sunshine Academy, Inc., would like to covert the existing single family dwelling at 230 W. Pine Avenue into a child care center for approximately 30 children. 6. The City Council recognizes the concerns of neighboring property owners in a letter dated March 14,2003, and by the public testimony. 7. The proposed development does not support adequate evidence that there has been significant change in the adjacent area to merit the type of use as a day care facility. 8. The design and use ofthe property as a day care facility, from testimony and evidence presented at the hearing, would not be harmonious with the character of the general vicinity of the neighborhood and would change the character of the neighborhood significantly by the intensity of traffic. 9. The use of the property as a day care facility would be disturbing to the existing neighboring uses, which are all residential with either single or multi-family dwellings, and very few, if any, commercial businesses in the immediate adjacent area. 10. The proposed day care facility would significantly impact the area and be detrimental to the general welfare of the surrounding area by reason of the added excessive production of traffic and noise. The increase of traffic from the business, along with the configuration of the traffic flow around the proposed day care, would be a nuisance. 11. The vehicular approaches to the property would significantly impact and interfere with traffic on the surrounding public streets and the alley by greatly increasing traffic from the current level on a daily basis. Traffic trips per day would increase from 10 to 160 trips per day. 12. The denial of the corresponding application for the rezone, Case No. RZ-03-003, ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INe. I (CUP-03-006) PAGE 3 OF6 by Merlyn and Brandon Schmeckpeper from R-4 to 0- T would now not be a permissible use in the present R-4 zone. CONCLUSIONS OF LAW 1. The City Council recognizes the concerns of neighboring property owners in a letter dated March 14,2003, and by the public testimony. 2. The proposed development does not support adequate evidence that there has been significant change in the adjacent area to merit the type of use as a day care facility. 3. The design and use of the property as a day care facility, from testimony and evidence presented at the hearing, would not be harmonious with the character of the general vicinity of the neighborhood and would change the character of the neighborhood significantly by the intensity oftraffic. 4. The use of the property as a day care facility would be disturbing to the existing neighboring uses, which are all residential with either single or multi-family dwellings, and very few, if any, commercial businesses in the immediate adjacent area. 5. The proposed day care facility would significantly impact the area and be detrimental to the general welfare of the surrounding area by reason of the added excessive production of traffic and noise. The increase of traffic from the business, along with the configuration of the traffic flow around the proposed day care, would be a nuisance. 6. The vehicular approaches to the property would significantly impact and interfere with traffic on the surrounding public streets and the alley by greatly increasing traffic from the current level on a daily basis. Traffic trips per day would increase from 10 to 160 trips per day. ORDER OF DENIAL OF APPLICA nON FOR CONDITIONAL USE PERMIT BY SUNSHlNE ACADEMY, INC. / (CUP-03-006) PAGE40F6 7. That the proposed use would be served adequately by essential public facilities and services. 8. The denial of the corresponding application for the rezone, Case No. RZ-03-003, by Merlyn and Brandon Schmeckpeper from R-4 to O-T would now not be a permissible use in the present R-4 zone. ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named applicant is denied the requested conditional use permit. 1. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial based upon the above Findings of Fact and Conclusions of Law. Dated this '20* day of rn~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED~ VOTED ~r~ COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L. M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5~2o-D'3 VOTED .- ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INe. / (CUP-03-006) PAGE 5 OF 6 MOTION: APPROVED: x DISAPPROVED: Attest: ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INe. I (CUP-03-006) PAGE 6 OF 6 30 BEFORE THE MERIDIAN CITY COUNCIL C/C 05-06-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 2.22 ACRES FOR ) PROPOSED COMFORT SUITES, ) LOCATED ON THE NORTH-EAST ) CORNER OF S. WELLS STREET ) AND FREEWAY DRIVE, ) MERIDIAN, IDAHO ) ) KANTIPATEL, ) APPLICANT ) Case No. AZ-03-007 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 corne on for public hearing on May 6, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Rocky Toll, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 1 OF 15 and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 2.22 acres in size and is located on the north-east corner of S. Wells Street and Freeway Drive, 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 owners of record of the subject property are James and Diane Fuhrman, 1737 E. Summerfalls Drive, Meridian, Idaho 83642. Applicant is Kanti Patel, 2600 Fairview Avenue, Boise, Idaho. 5. The property is presently zoned RUT (Ada County), and consists of vacant land. 6. The Applicant requests the property be zoned as C-G (General Retail and Service Commercial) . 7. The subject property is bordered to the north and west by rural residential/agricultural properties (zoned RUT, Ada County), to the south by 1-84 (zoned I-L), and to the east by rural residential/agricultural property (zoned RUT, Ada County), and a hotel and office subdivision (zoned C-G). 8. The Applicant proposed to develop the subject property in the following manner: Motel. 9. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 2 OF 15 the subject property as Commercial. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. 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 CONDITIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. 4. The submitted site plan is not approved, and may need to be modified to comply with the requirements of the MCC. B. Adopt the Recommendations of the ACHD as follows: Anticipated Site-Specific Conditions A. The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 3 OF 15 application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 2-feet of right-of-way for Wells Street abutting the site and widen Wells Street abutting the site to one-half of a 40-foot street section and construct curb, gutter and 5-foot wide concrete sidewalk. 2. Dedicate an additional 2-feet of right-of-way for Freeway Drive abutting the site and widen Freeway Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and 5-foot wide concrete sidewalk. 3. Construct any driveways on Wells Street and Freeway Drive a minimum of 50-feet from the Wells Street/Freeway Drive intersection (measured near edge to near edge). Any driveways on Wells Street and Freeway Drive should be constructed to be a maximum of 36-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. 4. Pay an Extraordinary Impact Fee to the District for the site's proportionate share of the construction and right-of-way purchase of the St. Luke's DrivelEagle Road intersection and extension. Said fee will be based on the expected trip generation rate for this site. The Extraordinary Impact Fee shall be $43.19 per trip. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICA TJON FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 4 OF 15 Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and 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 subj ect propel1y unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the construction drawings. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 5 OF 15 2. All comers will have to have 28' inside radius and 48' outside radius on all internal access roads. 3. The proposed building shall comply with the 1997 International Building 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. The water supply shall be provided before combustible construction begins. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The external access roadways shall built to Ada County Highway Standards. All access roads within the project shall have a clear driving surface with a minimum width 0[20' available at all times. UFC 902.2.2.1 UFC 902.2.1 7. The vertical clearance for the covered loading area shall be 13' 6". 12. It is found that the requested zoning designation ofC-G will be harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to be "Commercial." 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed motel will be a permitted use within the requested C-G zone, unless restricted by a Development Agreement. 15. It is founcthat a 92 unit Hampton Inn Hotel just to the east oftlle subject property in 2002 was approved. Furthermore, there is already a hotel/motel constructed very close to the subject property. The visibility of the property from 1-84 has helped to dictate how this area is being developed in the present and how it will develop in the future. 16. It is found that the proposed use (motel) is required to be designed appropriately to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 6 OF 15 match with the intended commercial character of the general vicinity. Based on the submitted site plan, additionallandscapt:: buffers will be needed to decrease the impact of the project on the adjacent residential properties and the parking lot may need to be revised as well. A detailed review of the project will need to be completed upon submission of a Certificate of Zoning Compliance. 17. It is anticipated that there will be increased traffic generated by the proposed motel use and may be considered disturbing or hazardous to the existing neighbors of the subject property. 18. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD and Fire Department's comments concerning this annexation will provide further information regarding availability of necessary public services. 19. 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. 20. It is found that the proposed annexation and motel use will create additional traffic and noise that may be detrimental to the general welfare of the surrounding residential area. As the rest of the properties surrounding this project develop the traffic issue will be reduced. Therefore, it is not felt that the amount of traffic generated will be detrimental to the public welfare of the city. 21. It is found that the vehicular approaches off of S. Wells Drive will create new traffic on surrounding roads. However, it is not believed that the proposed motel's entrances will cause significant interference on the surrounding public streets. Review of ACHD's comments will show the vehicular approaches and traffic generation. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 7 OF 15 22. 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. 23. It is found that the annexation of this property would be in the best interest of the City. 24. 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. 11, 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. 25. It is also found that the development considerations as referenced in Finding No. 11 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 8 OF 15 Meridian City Code S 11-16 provides the City may mmex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of General Retail and Service Commercial (C-G) is defined in the Zoning Ordinance at S 11-7-2 K as follows: (C-G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which hare auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 9 OF 15 Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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 2.22 acres to General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 2.22 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 10 OF 15 A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING CONDITIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. 4. The submitted site plan is not approved, and may need to be modified to comply with the requirements of the MCC. B. Adopt the Recommendations of the ACHD as follows: Anticipated Site-Specific Conditions A. The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and mayadd additional conditions that may also apply to this site. 1. Dedicate an additional 2-feet of right-of-way for Wells Street abutting the site and widen Wells Street abutting the site to one-half of a 40-foot street section and construct curb, gutter and 5-foot wide concrete sidewalk. 2. Dedicate an additional 2-feet of right-of-way for Freeway Drive abutting the site and widen Freeway Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and 5-foot wide concrete sidewalk. 3. Construct any driveways on Wells Street and Freeway Drive a minimum of 50- feet from the Wells Street/Freeway Drive intersection (measured near edge to near edge). Any driveways on Wells Street and Freeway Drive should be constructed to be a maximum of 36-feet wide. Pave any driveway(s) abutting public streets to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 11 OF 15 their full width and at least 3D-feet into the site beyond the edge of pavement of the abutting roadway. 4. Pay an Extraordinary Impact Fee to the District for the site's proportionate share of the construction and right-of-way purchase of the St. Luke's DrivelEagle Road intersection and extension. Said fee will be based on the expected trip generation rate for this site. The Extraordinary Impact Fee shall be $43.19 per trip. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne hy 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 COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 12 OF 15 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 plmmed use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the construction drawings. 2. All comers will have to have 28' inside radius and 48' outside radius on all internal access roads. 3. The proposed building shall comply with the 1997 International Building 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. The water supply shall be provided before combustible construction begins. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The external access roadways shall built to Ada County Highway Standards. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 UFC 902.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING COMFORT SUITES SUBDNISION (AZ-03-007) PAGE 13 OF 15 7. The vertical clearance for the covered loading area shall be 13' 6". 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 S 11- 7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2.0 it. day of ~ v ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED U eo... u COUNCILWOMAN TAMMY deWEERD VOTED W-cu o FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 14 OF 15 COUNCILWOMAN CHERIE Me CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED-4fA- MA YOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5- Zo-o3 VOTED --- MOTION: APPROVED:1___ DISAPPROVED: Attest: ,,,,,,,, ~~~ \\\\11 1I1III l .......\\\'~ (jf M!:J;);:IIIIII" (Q"WlfYU..e oLe Wee.ro ...' _~ --=- ..,<#""1. " . - -...) . 0") " -I- ~ U' o<ltPltJ:> . '1-- ~ fI -~ Cowy 1.. CA. ( r rt. <]-I. cU.-Vl.-L.- ~ .G .,~ ~""'l'~ '" l.-{ $ ~- ~(:) ~ . , - ~ ~ ~-----"... j SEAL - ~ ~ .1!?_ ~ .VIA.-. ,,~- {;) ~ ~ ~ ~~r 15\ ' ~ ~ ~ ~ ~ ..,$' ........, Com . '( ~ ,....-:: Copy served upon Applicant, the PlaJ:Uti"ftg/~1,9A{/Zq!-}i~g\.'Department, Public Works Department and the City Attorney. ~VlQ;(1JY'\ ~~ William G. Berg, Jr., City Clerk :!: By: 2\rtCLn"-l8~1-h City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 15 OF 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN ?Y' I IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR MEADOW LAKE VILLAGE IN AN L-O ZONE, LOCATED EAST OF SOUTH EAGLE ROAD ON EAST FRANKLIN ROAD, MERIDIAN, IDAHO HUMMEL ARCHITECTS, P A, APPLICANT C/C 05/06/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 6,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Jason Butler, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 19 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 6,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 6, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with aU notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the south side ofE. Franklin Road, east ofN. Eagle Road, Meridian, Idaho. 5. The owner of record ofthe subject property is Touchmark of the Treasure Valley, LLC, P.O. Box 1355, Meridian, Idaho 83680. FINDfNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTfNG CONDITIONAL USE PERMIT PAGE 2 OF 19 6. Applicant is Hummel Architects, P.A., 2785 Bogus Basin Road, Boise, Idaho 83702. 7. The subject property is currently zoned L-O (LimitedOffice). The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2. 8. The proposed application requests a conditional use permit for a planned unit development for Meadow Lake Village in an L-O zone. The L-O zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Mixed Use Community". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 19 to mitigate the effects ofthe proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planningjUlisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. A new phasing plan shall be submitted to the Planning and Zoning Staff at least ten days prior to the Public hearing in front of the City Council for review. 2. Revise the April 2001 addendum to the Development Agreement to allow items number 1,4,5,7 and 10 on page three of the addendum under phase two (2); to allow the completion street "H", Franklin Road intersection at street "H", signal and landscaping along street "H" and Franklin Road, and utilities along street "H" and Franklin Road be shifted to the third phase of the development. B. Adopt the Recommendations of the Plaming and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL (Conceptual) 1. Applicant shall meet all of the requirements ofthe previously approved Development Agreement, Preliminary Plat and Conditional Use Permit, unless modified below, as a condition of the revised conceptual approval for this Planned Development. 2. The minimum setbacks within the development shall be as follows: Front: 20'to garage, 10' for living area Rear: 20' building to building Side: 10' 1 story to one story 15' 1 story to 2 story 20' 2 story to 2 story Street side: 10' (There are no lot lines within the project so all measurements are based on separation between buildings.) 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 19 4. The new roadway, paralleling Franklin Road, shall be dedicated as a public road through the subdivision process. Prior to the issuance of building permits for buildings taking access off of the proposed roadway, the final plat shall be recorded. 5. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 6. This approval is only conceptual, pursuant to MCC12-6-7B, therefore, each future phase of Meadow Lake Village, excepting exclusively residential phases, will require a detailed Conditional Use Permit prior to construction. 7. The landscaping plan is not approved as submitted. A revised landscaping plan will be required at the time of submittal for a preliminary plat or upon submittal of a detailed conditional use permit for a future phase of the project. 8. The revised concept site development plan (printed in color), submitted with the application, is approved as submitted. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 19 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations ofthe Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 19 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. Commercial, office and multi-family occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 3. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. 4. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the City Engineering Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Typical street width of34' will be allowed to have parking on both sides. The typical collector street with a width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. 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. 10. A minimwn of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing of the project. UFC 902.2.1 11. The proposed senior subdivision will be a heavy user of emergency medical services with an estimated 2.9 residents per household. The office lots and commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volwne. 12. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 19 favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action ofthe council from their May 6, 2003 meeting as follows: 1. For clarification, the modifications ofthis proposed conditional use permit for a planned unit development, which was previously for the Touchmark of Treasure Valley project, but now known as Meadow Lake Village, is to not require the residential components basically in the center ofthe project, but any other non-residential detailed site plan or building pad site would have to come through again due to the fact there are presently no parking layouts and/or other details related to landscaping and trash enclosures, etc. 2. The second access from Franklin Road into the project has been moved from phase two to phase three, which is a change from the approved phasing plan, which would then shift the commercial to the Franklin frontage and to better buffer the retirement community back from Franklin Road. 13. It is found that the subject property is large enough to accommodate the requested use and all other required features. The submitted landscape plan does not address the revised layout of the development. A new landscaping plan will be required with a new preliminary plat or conditional use permit application in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERM:IT PAGE 8 OF 19 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". It is found that the proposed residential and commercial office uses and submitted revisions are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced setbacks and multiple buildings on a single lot. lfthe project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 15. It is found that the proposed residential subdivision use will be harmonious with the intended (mixed use) and existing (mixed use) character of the area. 16. It is not anticipated that the revised project will have an adverse impact on other properties within the vicinity. 17. It is found that the revised development plans will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. The shift of the commercial property towards Franklin Road will necessitate the need for the road (parallel to Franklin Road to be dedicated as a public right-of-way). This will require a new preliminary and final plat prior to dedication according to MCCll-2-2 (subdivision definition). 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 19. It is found that the proposed use would increase traffic and noise in the general vicinity of the revised project, but that approval of the revised project will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 19 to the welfare ofthe City and the subdivision's neighbors. 20. That the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional information regarding this finding. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Existing trees greater than 4" caliper must be retained or mitigated for, ifremoved. CONCLUSIONS OF LAW 1, The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (lC. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms ofthe ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 19 circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Limited Office (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 19 City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission," 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 19 G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned unit development for Meadow Lake Village in an L-O zone located on the south side ofE. Franklin Road, east ofN. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: I, A new phasing plan shall be submitted to the Planning and Zoning Staff at least ten days prior to the Public hearing in front of the City Council for review. 2. Revise the April 2001 addendum to the Development Agreement to allow items number 1,4,5,7 and 10 on page three of the addendum under phase two (2); to allow the completion street "H", Franklin Road intersection at street "H", signal and landscaping along street "H" and Franklin Road, and utilities along street "H" and Franklin Road be shifted to the third phase of the development. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 19 CONDITIONS OF APPROVAL (Conceptual) 1. Applicant shall meet all ofthe requirements of the previously approved Development Agreement, Preliminary Plat and Conditional Use Permit, unless modified below, as a condition of the revised conceptual approval for this Planned Development. 2. The minimum setbacks within the development shall be as follows: Front: 20'to garage, 10' for living area Rear: 20' building to building Side: 10' 1 story to one story 15' I story to 2 story 20' 2 story to 2 story Street side: 10' (There are no lot lines within the project so all measurements are based on separation between buildings.) 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. The new roadway, paralleling Franklin Road, shall be dedicated as a public road through the subdivision process. Prior to the issuance of building permits for buildings taking access off of the proposed roadway, the final plat shall be recorded. 5. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 6. This approval is only conceptual, pursuant to MCC12-6-7B, therefore, each future phase of Meadow Lake Village, excepting exclusively residential phases, will require a detailed Conditional Use Permit prior to construction. 7. The landscaping plan is not approved as submitted. A revised landscaping plan will be required at the time of submittal for a preliminary plat or upon submittal of a detailed conditional use permit for a future phase of the project. 8. The revised concept site development plan (printed in color), submitted with the application, is approved as submitted. C. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 19 Site Specific Conditions of Approval 1. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 19 ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. 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. Commercial, office and multi-family occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3, The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the City Engineering Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Typical street width of34' will be allowed to have parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 19 on both sides. The typical collector street with a width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 8. Operational fIre hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. 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. 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing ofthe project. UFC 902.2.1 11. The proposed senior subdivision will be a heavy user of emergency medical services with an estimated 2.9 residents per household. The office lots and commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volume. 12, The proposed proj ect lies outside the fIve-minute response zone goaL Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-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 stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 19 F. Adopt the action ofthe council from their May 6, 2003 meeting as follows: 1. For clarification, the modifications ofthis proposed conditional use permit for a planned unit development, which was previously for the Touchmark of Treasure Valley project, but now known as Meadow Lake Village, is to not require the residential components basically in the center of the proj ect, but any other non-residential detailed site plan or building pad site would have to come through again due to the fact there are presently no parking layouts and/or other details related to landscaping and trash enclosures, etc. 2. The second access from Franklin Road into the project has been moved from phase two to phase three, which is a change from the approved phasing plan, which would then shift the commercial to the Franklin frontage and to better buffer the retirement community back from Franklin Road. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit m accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 19 By action of the City Council at its regular meeting held on the 2-0+"- day of IWtM6 ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED~ VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: i5~ ZO-D.3 VOTED - MOTION: APPROVED: X DISAPPROVED: ~~-#_.'h -~ ~ Attest: \\\\\lllllt/lfar.mrYlM ole.. Wf ~fOG ~\\" Of Ilrl. - -0,. ,'-l- ..", :\0{ . tt..J\n,(NLtA-l ?reS,tcu..v\..\.... ~ A .~ ~ v o~ . ~ . 0 ~ ~ ~ ~ ~hCl(N\0~U I" 0 % William G. Berg, Jr., City C1;rk - - ~ !':l- %.?: -Q ,ri' f Copy served upon Applicant, P3..~i d~o (~~artment, Public Works \\\\\\\11111111//1111 1> ^- 'i.)'(f'-"'~ \\\ -' oF ~II, Department and the City AttorneY';III~I;.::~,:~,~,\~\~\,\",,, ..~"6"'\ '\ ~~"""1- By: ~ VleLoY\ ~ -t~ \ ~ City Clerk Dated: Z:\Work\M\Meridian\Meridian 15360M\Meadow Lake Village CUP-03-005\FfCIsCUP03-005.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNITT PAGE 19 OF 19 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) HUMMEL ARCHITECTS, P.A., FOR A ) CONDITIONAL USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT FOR MEADOW LAKE ) VILLAGE IN AN L-O ZONE, LOCATED EAST OF ) SOUTH EAGLE ROAD ON EAST FRANKLIN ROAD) MERIDIAN, IDAHO ) ) ) C/C 05-06-03 CASE NO. CUP-03-005 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6th day of May, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation ofthe Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, HUMMEL ARCHITECTS, P.A., is granted a conditional use for a planned unit development for Meadow Lake Village in an L-O zone, located east of South Eagle Road on East Franklin Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a conditional use for a planned unit development for Meadow Lake Village in an L-O zone, located east of South Eagle Road on East Franklin Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. A new phasing plan shall be submitted to the Planning and Zoning Staff at least ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 1 OF 7 ten days prior to the Public hearing in front of the City Council for review. 2. Revise the April 2001 addendum to the Development Agreement to allow items number 1,4,5,7 and 10 on page three of the addendum under phase two (2); to allow the completion street "H", Franklin Road intersection at street "Hl', signal and landscaping along street "H" and Franklin Road, and utilities along street "H" and Franklin Road be shifted to the third phase of the development. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROV AL (Conceptual) 1. Applicant shall meet all ofthe requirements of the previously approved Development Agreement, Preliminary Plat and Conditional Use Permit, unless modified below, as a condition of the revised conceptual approval for this Planned Development. 2. The minimum setbacks within the development shall be as follows: Front: 20'to garage, 10' for living area Rear: 20' building to building Side: 10' 1 story to one story 15' 1 story to 2 story 20' 2 story to 2 story Street side: 10' (There are no lot lines within the project so all measurements are based on separation between buildings.) 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. The new roadway, paralleling Franklin Road, shall be dedicated as a public road through the subdivision process. Prior to the issuance of building permits for buildings taking access off ofthe proposed roadway, the final plat shall be recorded. 5. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE20F7 6. This approval is only conceptual, pursuant to MCCI2-6-7B, therefore, each future phase of Meadow Lake Village, excepting exclusively residential phases, will require a detailed Conditional Use Permit prior to construction. 7. The landscaping plan is not approved as submitted. A revised landscaping plan will be required at the time of submittal for a preliminary plat or upon submittal of a detailed conditional use permit for a future phase of the project. 8. The revised concept site development plan (printed in color), submitted with the application, is approved as submitted. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I, Comply with all Standard Conditions of Approva1. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file numbers) for details, 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 3 OF 7 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire- flow ofl ,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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 4 OF 7 2. Commercial, office and multi-family occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 3, The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thrn the City Engineering Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Typical street width of34' will be allowed to have parking on both sides. The typical collector street with a width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. 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. 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing of the project. UFC 902.2.1 1 L The proposed senior subdivision will be a heavy user of emergency medical services with an estimated 2.9 residents per household. The office lots and commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volume. 12. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE50F7 defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted, 2, The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the council from their May 6,2003 meeting as follows: 1. For clarification, the modifications ofthis proposed conditional use permit for a planned unit development, which was previously for the Touchmark of Treasure Valley project, but now known as Meadow Lake Village, is to not require the residential components basically in the center ofthe project, but any other non-residential detailed site plan or building pad site would have to come through again due to the fact there are presently no parking layouts and/or other details related to landscaping and trash enclosures, etc. 2. The second access from Franklin Road into the proj ect has been moved from phase two to phase three, which is a change from the approved phasing plan, which would then shift the commercial to the Franklin frontage and to better buffer the retirement community back from Franklin Road. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUlVIMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 6 OF 7 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to the permit. By action of the City Council at its regular meeting held on the ZrP'- day of YVL~ 2003. Attest: ~, : '.. l/MtVl,~ c:L. W'ee.,cL y of Mend Ian 0i.~ C~(,U(\...c.;..\ ?re$<\'oLeIV\-t ~~CL(bY~ 3rv'l~ William G. Berg, Jr., City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department \\\\illllllllil and City Attorney. ,,\,,\ Of ~fflltl ...,,\ ~-{ ...,...... ~ JM'-. 'l .:- V'...-;.~1: ~ ~ ~- ;.q~ ~ ~" 0 s i ~: '" '5~Z2-o3 \~~~ ....~ f 10~ 11$1. .P.:;:- :.oJ: -, ~- ~ . . . . ~i , q"N~, .""'1 ~ "", Z:\Work\M\Mendmn\Mendlan I 5360M\Meadow Lake VIl(ag<;~~pc03''OU5\C\{~{9'i{jer.doc ! <> ,: .,:.i t ~ \ \ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 7 OF 7 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 5/ IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A RENTAL/RESTAURANT COMPLEX AT HARK'S CORNER IN A C-C ZONE, LOCATED ON THE SOUTHWEST CORNER OF LINDER ROAD AND W. FRANKLIN ROAD, MERIDIAN, IDAHO VAN HEES PROPERTIES, LLC, APPLICANT C/C 05/06/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 6,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner m for the Planning and Zoning Department, and Larry Van Hees, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 22 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 6,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 6, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code 9~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report, 3. This proposed development request is in a C-C (Community Business District) zone and by reason ofthe provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 22 4. The property is located on the southwest corner of Linder Road and W. Franklin Road, Meridian, Idaho, 5. The owner of record ofthe subject property is Van Bees Properties, LLC, 1651 W. Franklin Road, Meridian, Idaho 83642. 6. Applicant is same as owner of record, 7. The subject property is currently zoned C-C (Community Business). The zoning district ofC-C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a rental/restaurant complex in a C-C zone. The C-C zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Commercial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTJNG CONDITIONAL USE PERMIT PAGE 3 OF 22 subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission) as follows: SITE SPECIFIC REQUIREMENTS 1. Landscaping: A revised landscaping plan was submitted at the May 6,2003 public hearing showing the existing landscaping buffer at the northern edge ofthe subject propet1y. The Applicant is required to extend the existing masonry fence along the full length of the southern boundary of the property and replace the trees in the 5' wide southern buffer with shrubs and bushes to match the existing landscaping to the east. 2. Setbacks: The proposed structure is subject to all required setbacks ofthe C-C zone, The submitted site plan appears to meet all of the required setbacks, notwithstanding the required landscape buffers. 3. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Water and sewer assessments shall be paid with the issuance of building permits. STANDARD REQUIREMENTS 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F, 3. All construction and site improvements shall conform to the requirements of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 Americans with Disabilities Act. 4. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe . City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance, 8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (Cle). 9. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. Adopt the Reconunendations of ACHD as follows: ACHD conditions and requirementsfrom Pile No. AZ-Ol-007 & CUP-Oi-Oli also apply to this application FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 Site Specific Requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Linder Road 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 paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2, The existing 36-foot wide driveway on Linder Road located at the south property line, approximately 220-feet south of the signalized intersection at Franklin Road, is approved with this application as a right-in/right-out/left-in driveway, Construct a traffic island/median on Linder Road to restrict left-out traffic. The applicant shall coordinate the design and location ofthe traffic island/median with District staff. 3. Staff recommends that the applicant either utilize the existing 36-foot wide right- in/right-out driveway on Franklin Road located a minimum of220-feet from the intersection as right-in/right-out, OR construct a 35-foot wide full access driveway on Franklin Road located a minimum of315-feet from the intersection. If the applicant constructs a right-in/right-out driveway, then the applicant shall install a median in Franklin Road located 50-feet west ofthe stop bar at Linder Road, and extending 50-feet west ofthe western edge of driveway on Franklin Road. 4. If the applicant chooses to construct a right-in/right-out driveway located 220-feet west of Linder Road, then a second driveway could be constructed located 440-feet west of Linder Road, and located to align or offset a minimum of ISO-feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision - approved in 2000). If the applicant chooses to construct a full access driveway located 315-feet west of Linder Road, then a second driveway could be constructed located to align or offset a minimum of ISO-feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision - approved in 2000). 5. Pave the driveways on Franklin Road their full width and at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. 6. Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond the edge of pavement of Linder Road with IS-foot curb radii. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNITT PAGE 6 OF 22 7. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel, where there are not currently improvements. Extend the sidewalk from its existing location and alignment. 8. All existing/proposed irrigation facilities shall be relocated outside of the right-o f- way on Linder Road and Franklin Road. 9. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 10. Replace unused curb cuts on Franklin Road with standard curb, gutter and concrete sidewalk to match existing improvements. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Franklin Road is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. 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 written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. (Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staffto remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission.) 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six 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. If the 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact 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. 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. 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. 9, Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1, Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 E. Adopt the Recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any food establishment. 2. Please contact Deb Carney at CDHD 327-8527. F. Adopt the Recommendations of Sanitary Service as follows: 1. Allow 10' minimum clearance inside of the gate posts & 2 openings. G. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. If any storm drainage leaves the site, the irrigation district will require that the applicant file a Land Use Change/Site Application with the irrigation district for it's review. H. Adopt the action of the City Council taken at their May 6,2003 meeting as follows: 1. For clarification, pertaining to the eight foot concrete wall along the southern part of the proj ect, said eight foot concrete wall shall extend all the way to the west boundary behind the retail uses, which wall is shown to extend on the Site Plan (Landscape Plan), with a date of 512003, as stated in public record on May 6, 2003, by the applicant Larry Van Hees. 13. A revised landscaping plan was submitted, dated 512003, showing the existing landscaping buffer at the northern edge of the subject property. The landscape buffers on the southern and eastern edges of the subject property do not meet the dimensional requirements of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 the MCC. The landscape buffer on the southern edge of the property must be 25' in width. The landscape buffer on the western edge of the subject property also must be 25' in width. The previously approved CUP for the first phase of Hark's Corner allowed for the construction of an 8' wall along the southern edge of the subject property and a reduced landscaping buffer. The applicant has submitted a site plan that shows 56 parking spaces. MCC's parking regulations require that one parking space per 200 square feet of gross floor area is provided off- street within 300' of the development. The 56 required parking places exceed the required 52 spaces. 14, The current Comprehensive Plan Land Use Map designates the property as "Commercial". Commercial/retail development requires a CUP in the C-C zone according to the Zoning Schedule of Use Control. It is found that the proposed use and plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of approval within the staff report are met. 15. It is found that the proposed development will not adversely change the essential character ofthe general vicinity and will be harmonious with the intended character ofthe same area. 16. It is not anticipated that the revised project will have an adverse impact on other properties within the vicinity, 17. It is found that the proposed development can be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. That the proposed use will not create excessive additional requirements at public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 22 cost for public facilities and services and will not be detrimental to the economic welfare of the community. 19. It is found that the proposed use would not substantially increase traffic. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. 20. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. The access off of Franklin Road that will be used by the proposed development was approved in the original CUP application for Hark's Comer, 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be ofmajor importance by issuance of this conditional use, CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (lC. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and Xli, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Community Business (C-C), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E, Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, In this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned unit development for Hark's Corner in a C-C zone located on the southwest comer of Linder Road and W. Franklin Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission) as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 SITE SPECIFIC REQUIREMENTS 1. Landscaping: A revised landscaping plan was submitted at the May 6, 2003 public hearing showing the existing landscaping buffer at the northern edge ofthe subject property. The Applicant is required to extend the existing masonry fence along the full length ofthe southern boundary of the property and replace the trees in the 5' wide southern buffer with shrubs and bushes to match the existing landscaping to the east. 2. Setbacks: The proposed structure is subject to all required setbacks ofthe C-C zone. The submitted site plan appears to meet all of the required setbacks, notwithstanding the required landscape buffers. 3. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Water and sewer assessments shall be paid with the issuance of building permits. STANDARD REQUIREMENTS 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. 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 drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. All exterior lighting, whether attached to the building or located within the parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 6, All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 8, Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 9. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. D. Adopt the Recommendations of ACHD as follows: A CHD conditions and requirements from File No. AZ-O 1-007 & CUP-O 1-011 also apply to this application Site Specific Requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Linder Road 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 paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. The existing 36-foot wide driveway on Linder Road located at the south property line, approximately 220-feet south of the signalized intersection at Franklin Road, is approved with this application as a right-inJright-out/left-in driveway. Construct a traffic island/median on Linder Road to restrict left-out traffic. The applicant shall coordinate the design and location of the traffic island/median with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 160F22 3. Staff recommends that the applicant either utilize the existing 36-foot wide right-in/right-out driveway on Franklin Road located a minimum of 220-feet from the intersection as right-in/right-out, OR construct a 35-foot wide full access driveway on Franklin Road located a minimum of315-feet from the intersection. If the applicant constructs a right-in/right-out driveway, then the applicant shall install a median in Franklin Road located 50-feet west ofthe stop bar at Linder Road, and extending 50-feet west of the western edge of driveway on Franklin Road. 4. If the applicant chooses to construct a right-in/right-out driveway located 220-feet west of Linder Road, then a second driveway could be constructed located 440-feet west of Linder Road, and located to align or offset a minimum of ISO-feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision - approved in 2000). If the applicant chooses to construct a full access driveway located 3 IS-feet west of Linder Road, then a second driveway could be constructed located to align or offset a minimum of ISO-feet from any existing or proposed driveways on the north side ofPranklin Road (Cafarelli Subdivision - approved in 2000). 5. Pave the driveways on Franklin Road their full width and at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 6. Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond the edge of pavement of Linder Road with IS-foot curb radii. 7. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel, where there are not currently improvements. Extend the sidewalk from its existing location and alignment. 8. All existing/proposed irrigation facilities shall be relocated outside of the right-of-way on Linder Road and Franklin Road, 9. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 10. Replace unused curb cuts on Franklin Road with standard curb, gutter and concrete sidewalk to match existing improvements. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Franklin Road is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 22 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. 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 written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. (Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission.) 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 six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specificaUy identify each requirement to be reconsidered and include written documentation of data that was not availab le 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. If the Commission agrees to reconsider the action, the applicant will be notified ofthe 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 building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. AU 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 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. 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, 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. 9, Any change by the applicant in the planned use ofthe property which is the subject of this application) shall require the applicant to comply with all rules) regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: L Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 E. Adopt the Recommendations of Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 1. Plans are required to be submitted for a plan review for any food estab lishment. 2. Contact Deb Carney at CDHD 327-8527. F, Adopt the Recommendations of Sanitary Service as follows: 1. Allow 10' minimum clearance inside ofthe gate posts & 2 openings. G. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. If any storm drainage leaves the site, the irrigation district will require that the applicant file a Land Use Change/Site Application with the irrigation district for it's review. H. Adopt the action of the City Council taken at their May 6,2003 meeting as follows: 1. For clarification, pertaining to the eight foot concrete wall along the southern part of the project, said eight foot concrete wall shall extend all the way to the west boundary behind the retail uses, which wall is shown to extend on the Site Plan (Landscape Plan), with a date of 512003, as stated in public record on May 6, 2003, by the applicant Larry Van Hees. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 21 pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2.0*"'- day of yy\~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED+ VOTED~ VOTED~ VOTED ~ COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5~20v3 MOTION: APPROVED: X PAGE 21 OF 21 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) V AN HEES PROPERTIES, LLC, FOR A ) CONDITIONAL USE PERMIT FOR A RENT ALl ) RESTAURANT COMPLEX AT HARK'S CORNER ) IN A C-C ZONE, LOCATED ON THE SOUTHWEST ) CORNER OF LINDER ROAD AND W. FRANKLIN ) ROAD, MERIDIAN, IDAHO ) ) ) CIC 05-06-03 CASE NO. CDP-03-009 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6th day of May, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: I. That the Applicant, VAN HEES PROPERTIES, LLC, is granted a conditional use for a rentaVrestaurant complex at Hark's Comer in a C-C zone, located on the southwest corner of Linder Road and W. Franklin Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2, That the above named applicant is granted a conditional use permit for a conditional use for a rental/restaurant complex at Hark's Comer in a C-C zone, located on the southwest corner of Linder Road and W. Franklin Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission) as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC FOR HARK'S CORNER (CUP-03-009) PAGE 1 OF 8 SITE SPECIFIC REQUIREMENTS 1. Landscaping: A revised landscaping plan was submitted at the May 6, 2003 public hearing showing the existing landscaping buffer at the northern edge ofthe subject property. The Applicant is required to extend the existing masonry fence along the full length of the southern boundary ofthe property and replace the trees in the 5' wide southern buffer with shrubs and bushes to match the existing landscaping to the east. 2. Setbacks: The proposed structure is subject to aU required setbacks ofthe C-C zone. The submitted site plan appears to meet all of the required setbacks, notwithstanding the required landscape buffers. 3. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Water and sewer assessments shall be paid with the issuance of building permits. STANDARD REQUIREMENTS 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC FOR HARK'S CORNER (CUP-03-009) PAGE 2 OF 8 Wells. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4.C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 9. Per Ordinance 11-17 -4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. Adopt the Recommendations of ACHD as follows: ACHD conditions and requirements from File No. AZ-OI-007 & CUP-OJ-OIl also apply to this application Site Specific Requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Linder Road 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 paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC FOR HARK'S CORNER (CUP-03-009) PAGE 3 OF 8 {c/ 2. The existing 36-foot wide driveway on Linder Road located at the south property line, approximately 220-feet south of the signalized intersection at Franklin Road, is approved with this application as a right-in/right-out/left-in driveway. Construct a traffic island/median on Linder Road to restrict left-out traffic. The applicant shall coordinate the design and location of the traffic island/median with District staff. 3. Staff recommends that the applicant either utilize the existing 36-foot wide right- in/right-out driveway on Franklin Road located a minimum of220-feet from the intersection as right-in/right-out, OR construct a 35-foot wide full access driveway on Franklin Road located a minimum of 315-feet from the intersection. If the applicant constructs a right-in/right-out driveway, then the applicant shall install a median in Franklin Road located 50-feet west ofthe stop bar at Linder Road, and extending 50-feet west ofthe western edge of driveway on Franklin Road. 4, Ifthe applicant chooses to construct a right-in/right-out driveway located 220-feet west of Linder Road, then a second driveway could be constructed located 440-feet west of Linder Road, and located to align or offset a minimum of ISO-feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision - approved. in 2000). Ifthe applicant chooses to construct a full access driveway located 315-feet west of Linder Road, then a second driveway could be constructed located to align or offset a minimum of ISO-feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision - approved in 2000). 5. Pave the driveways on Franklin Road their full width and at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. 6. Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond the edge of pavement of Linder Road with IS-foot curb radii. 7. Construct a 5- foot wide concrete sidewalk on Franklin Road abutting the parcel, where there are not currently improvements. Extend the sidewalk from its existing location and alignment. 8. All existing/proposed irrigation facilities shall be relocated outside of the right-of- way on Linder Road and Franklin Road. 9. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC FOR HARK'S CORNER (CUP-03-009) PAGE 4 OF 8 10. Replace unused curb cuts on Franklin Road with standard curb, gutter and concrete sidewalk to match existing improvements. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Franklin Road is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. 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 written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. (Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission.) 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $11 0.00. 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. If the 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 building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC FOR HARK'S CORNER (CUP-03-009) PAGE 5 OF 8 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. 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. 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. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC FOR HARK'S CORNER (CUP-03-009) PAGE 6 OF 8 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 E. Adopt the Recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any food establishment. 2. Please contact Deb Carney at CDHD 327-8527. F, Adopt the Recommendations of Sanitary Service as follows: 1. Allow 10' minimum clearance inside of the gate posts & 2 openings. G. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. If any storm drainage leaves the site, the irrigation district will require that the applicant file a Land Use Change/Site Application with the irrigation district for it's review. H, Adopt the action of the City Council taken at their May 6,2003 meeting as follows: 1. For clarification, pertaining to the eight foot concrete wall along the southern part of the project, said eight foot concrete wall shall extend all the way to the west boundary behind the retail uses, which wall is shown to extend on the Site Plan (Landscape Plan), with a date of 512003, as stated in public record on May 6, 2003, by the applicant Larry Van Bees. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC FOR HARK'S CORNER (CUP-03-009) PAGE 7 OF 8 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to the permit. By action of the City Council at its regular meeting held on the Zo--tj, day of ~ 2003. ~ ., 'l{,\kV\..~ ch lJuv'cl. . . Ity of Meridian t;:l::~ (a/Jfi\-~ l j){-e~ckv\.-"t Attest: 3h..CL( OY\ S William G. Berg, Jr., City Clerk ~Ld:rJ 2: ,. .... ~/..... .....rf> 0 $ ~ '(') ~u...,. 15\ ' .;t:: $" ~~ ~ (.)"t ./' . // 0ru,.., ,,,,,I Ii; \' 12, ~-'1.;f~ l ". \\\ . '.. .,,' \ \ \ \ z:\ Work\M\Meridian\Meridian I 5360M\Harks' Comer CUP 03009\CUPOrder.doc By: rhClrtlr City Clerk C5- 2.'2---CF6 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - VAN HEES PROPERTIES, LLC FOR HARK'S CORNER (CUP-03-009) PAGE 8 OF 8 BEFORE THE MERIDIAN CITY COUNCIL .;~s IN THE MATTER OF THE ) APPLICATION OF DOUG ) CAMPBELL, FOR A VARIANCE ) FOR A TIME EXTENSION OF FINAL ) PLAT FOR STATEN PARK ) SUBDIVISION, LOCATED EAST OF ) NORTH BLACK CAT ROAD ON ) WEST USTICK ROAD, MERIDIAN, ) IDAHO ) ) ) ) ) ) C/C 05/06/03 V AR-03-014 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 May 6,2003, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Rod Ralphs, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-014 DOUG CAMPBELL / STATEN PARK SUBDIVISION PAGE 1 OF 10 thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code ~~ 67-6509, 6516 and Meridian City Code S~ 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Doug Campbell, whose address is 1661 Shoreline, Boise, Idaho. 4. The owner of record of the property is Don Thornton, whose address is 1661 Shoreline, Boise, Idaho. 5. The location of the subj ect property is presently located east of North Black Cat Road on West U stick Road, Meridian, Idaho within a present R -4 zone, Low Density Residential District. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office located at 33 E. Idaho Street, Meridian. 7. The present land use of subject property is presently zoned as R-4 (Low Density Residential District), and which subj ect property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: Single-family residential. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, with the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been furnished. 10. The Applicant seeks a variance ofthe following provision of the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR-03-014 DOUG CAMPBELL I STATEN PARK SUBDIVISION PAGE 2 OF 10 City Code, ~12-3-6C, APPROVAL PERIOD, and in the R-4 zone, which provides as follows: 12-3-6 APPROVAL PERIOD: A Failure To Submit Final Plan: Council approval ofthe preliminary development plan shall become null and void ifthe applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination ofthe said one year period as stated in subsection A ofthis Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end ofthe said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. 1 L 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 applicant is requesting to allow the Final Plat to remain valid and to allow a one year time extension to allow the applicant to file and record the final plat. The applicant has completed the roads, utilities, and landscaping for the Staten Park Subdivision. 13. Applicant states that they have not submitted a Time Extension for the Staten Park Final Plat due to confusion over the acceptance date ofthe application and a change in ownership of the subject property during the preliminary and final plat process. 14. It is found that strict compliance with the requirements of this Title would result in extraordinary hardship for the applicant due to the investment that has been made in the construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 14 DOUG CAMPBELL / STATEN PARK SUBDNISION PAGE 3 OF 10 of the subdivision's infrastructure. 15. It is found that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are met at the time of issuance of building permits for all lots within the subdivision. 16. Staff is unaware ofprovisions ofIdaho Code that would be violated by the issuance of the requested variance. 17. It is found that there are special circumstances or conditions affecting the property, and that strict application of this Title would be impractical or unreasonable, MCC 11-18-3, due to the change in ownership. Additionally, the applicant has completed all the infrastructure, and the project was just waiting for a final plat signature from ACHD which was just recently obtained on . March 12,2003. 18. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions of the Comprehensive Plan. 19. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source ofthe complaints raised in the public hearing of this matter. 20. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 14 DOUG CAMPBELL / STATEN PARK SUBDNISION PAGE 4 OF 10 reasons stated above. 21. The applicant paid the fee established by the City Council for application variance. 22. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated April 15, 2003, and any other previous conditions from ACHD pertaining to the project area development. Additionally, the applicant shall be required to comply with the following conditions and requirements: A. Nampa & Meridian Irrigation District as follows: 1. The District does have an urban contract. However, no pressure test has been completed on this project, nor has any pump update been discussed with the District. The District has not accepted this project. B. Meridian Fire Department as follows: 1. That a fixe-flow of l,OOO gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system for water quality. 4. All internal roads and entrances shall have a turning radii of28' inside and 48' outside. 5. Any dead-end exceeding 150' in length as the result of a phasing process will require an approved turn-around. 6. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-014 DOUG CAMPBELL / STATEN PARK SUBDIVISION PAGE 5 OF 10 CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the 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 ofIdaho Code ~ 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code ~ 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code ~ 67-6509, 6516 and Meridian City Code ~~ 11-15-5 and 11-17-5. 4. App lication 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 ~ 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 of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 14 DOUG CAMPBELL / STATEN PARK SUBDIVISION PAGE 6 OF 10 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. Meridian City Code, S 12-3-6C, APPROVAL PERIOD, and in the R-4 zone, which provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval ofthe preliminary development plan shall become null and void ifthe applicant fails to submit the final development plan within one year of Council approval ofthe preliminary development plan, B, Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. 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 . That the Applicant is hereby granted a variance for time extension of a one year time frame until February 5,2004, for submittal of the final plat for Staten Park Subdivision in the R-4 zone. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated April 15, 2003, and any other previous conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR-03-0 14 DOUG CAMPBELL I STATEN PARK SUBDIVISION PAGE 7 OF 10 from ACHD pertaining to the project area development. Additionally, the applicant shall be required to comply with the following conditions and requirements: A. Nampa & Meridian Irrigation District as follows: I. The District does have an urban contract. However, no pressure test has been completed on this project, nor has any pump update been discussed with the District. The District has not accepted this project. B. Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system for water quality. 4. All internal roads and entrances shall have a turning radii of28' inside and 48' outside. 5. Any dead-end exceeding 150' in length as the result of a phasing process will require an approved turn-around, 6. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR-03-014 DOUG CAMPBELL I STATEN PARK SUBDIVISION PAGE 8 OF 10 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 ofthe Approval Period requirements in the R-4 Zone as provided in the Section 12-3-6C and 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 20th day of VY\p~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCIL WOMAN CHERIE McCANDLESS VOTED ~~c_ COUNCILMAN WM. L. M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: to .-20-03 VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-014 DOUG CAMPBELL / STATEN PARK SUBDIVISION PAGE 9 OF 10 MOTION: APPROVED: x DISAPPROVED: 2hC\fij)~-I~ Attest: William G. Berg, Jr., City Clerk % CJ-, _&;{ ":l. _ ~/...... ,G!f .::- ~ '<::> ~.:;,.,. 151 ' .f? $ ~1' ~,,, . ........'" C'tM ",' ,f. '\0 ...," , Copy served upon Apphcant, the PlanriIng,W!ct:JZompgflepartment, Pubhc Works Department, ~ ~ 1 '.f . I ~ \ . and the City Attorney office. .. . By: ~hcL('OYI City Clerk :t: - ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR-03-014 DOUG CAMPBELL I STATEN PARK SUBDIVISION PAGE 10 OF 10 ~ ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05/30/03 02:48 PM DEPUTY Bonnie OberbHlig RECORDED-REQUEST OF Meridian City AMOUNT .00 29 111111111 1 11111111111111111I111111111 10312189185 DEVELOPMENT AGREEMENT Revised ownership 05 06 03 PARTIES: 1. 2. City of Meridian Queenland Acres, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 'Lo~ day of VVlQ..L~ ' '2ro3 , by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and QUEENLAND ACRES, INC., hereinafter called "OWNERlDEVELOPER", whose address is 24306 Rudd Road, Parma, Idaho 83660. 1. RECITALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. ~67-6511A; Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit "A", and has requested a designation of (C-G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT-AZ-OI-016 - 1 1,5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record ofthe proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2- r1d day of ciQ.JlAAtt.f!:) , 1-002.. , has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit "B", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERlDEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City'~ requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and DEVELOPMENT AGREEMENT - AZ-OI-016 - 2 ( \ the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation ofthe same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state ofIdaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Queenland Acres, Inc., whose address is 24306 Rudd Road, Parma, Idaho 83660, the party developing said "Property" and shall include any subsequent owner( s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: Construction and development of a storage facility. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT-AZ-OI-016- 3 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 6.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the Commission or Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 6,2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans 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. 6.3 Any existing domestic wells and/or septic systems 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. 6.4 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. Storm water treatment and disposal shall be DEVELOPMENT AGREEMENT - AZ-OI-OI6 - 4 designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells, Adopt the Recommendations of the Ada County Highway District as follows: 6.5 Applicant shall comply with the 11 Site Specific Requirements and 8 Standard Requirements addressed in the District's October 17, 2001 Staff Level Approval. Adopt the Recommendations of the Meridian Police Department as follows: 6.6 The position of the facility does not lend itselfto significant observation by patrolling officers, and therefore, the applicant shall address how the project shall have perimeter monitoring, i.e. cameras or their own internal patrol. 6.7 Strong lighting of the rear of the site would help to decrease potential theft opportunity and provide a passive form of deterrence. However, this might be a problem for the residents in the existing subdivision to the southeast, and to those that will occupy the housing units currently being developed in Bear Creek Subdivision. Adopt the Recommendations of the Nampa & Meridian hrigation District as follows: 6.8 Applicant shall supply the District with the blueprint plans indicating the grades, backfill and encroachments in order to make a final decision. 6.9 Once the final plans have been reviewed by the District, then a License Agreement for the relocation of the Kennedy Lateral, as well as any encroachments within the Districts easements, shall be required. Additionally, Applicant shall comply with the City Council's action from their December 18,2001 meeting as follows: DEVELOPMENT AGREEMENT-AZ-OI-016- 5 6.10 The name of the present business name of Meridian Storage, shall be changed to another name, as there is already a Meridian Storage in Meridian. 6.11 The hours of operation shall be as follows: Office hours: 8:00 a.m. to 6:00 p.m.; and Storage hours: 6:00 a.m. to 12:00 p.m. midnight 6.12 On the east side of the graveled area of the single storage units, installation ofbollards shall be installed at the southeast point to prevent vehicles, etc. from entering behind the storage units. 7. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owner'slDeveloper's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" ofthis agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in lC. ~ 67-6509, or any subsequent amendments or recodifications thereof. 8, CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation ofthe "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "OwnerlDeveloper" and ifthe "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereofin accordance with the terms and conditions of this Development Agreement and all other ordinances ofthe "City" that apply to said Development. DEVELOPMENT AGREEMENT - AZ-OI-016 - 6 10. DEFAULT: 10.1 In the event "OwnerlDeveloper", "OwnerlDeveloper's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements ofthe Zoning Ordinance. 10.2 A waiver by "City" of any default by "OwnerlDeveloper" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including. all of the Exhibits, at "OwnerlDeveloper's" cost, and submit proof of such recording to "OwnerlDeveloper", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "OwnerlDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default DEVELOPMENT AGREEMENT-AZ-OI-016- 7 which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "OwnerlDeveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include) without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORM.ANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~12-5-3, to insure that installation of the improvements, which the "OwnerlDeveloper" agrees to provide, ifrequired by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City" and "Owner/Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation ifthe owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERlDEVELOPER: DEVELOPMENT AGREEMENT - AZ-OI-016 - 8 c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Queenland Acres, Inc. 24306 Rudd Road Panna, Idaho 83660 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner ofthe "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT - AZ-OI-016 - 9 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth aU promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subj ect "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT-AZ-01-016 - 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERlDEVELOPER: B~Lk Theron Scott, President Attest: ~~ By: i Carol Lotspeich, Secretary reasurer CITY OF MERIDIAN ~~ Attest: DEVELOPMENT AGREEMENT-AZ-OI-016 - 11 --.. /. STATE OF IDAHO ) :ss COUNTY OF ADA ) (SEAL) STATEOFIDAHO ) :ss County of Ada ) On this 2.2. nJc dayof III the year 2003, before me, a Notary Public, personally appeared-R,ob....d D. Cunle-and William G. Berg, know or identified. to me to be tl1~~e1J[m~l'~f~-t.respecti:ely, ofthe City ofMerid~an, who executed the Instrument or the-person that executed the Instrument of behalf of SaId City, and acknowledged to me that such City executed the same. ......... ... N SA~. . ~~---~~~~.. ,l /~O 'TAJ?;:~c.~. .Co I ~ \'"v' .. .. , \ .. . : ~ : ~ \ ; : Notary Public for Idaho +. ~~~br_1C~/O..O Commission expires: 11_'7d -OS . U-')t..'-:' Ujj],.J).:...' . l L,[) ..:..:<t1i?Q1i1P.... Z:\Work\M\Meridian\Meridian r.1J~OM~t'tdian Storage AZ..oI-016 CUPOl..o32\DevelopAgmtrevisednewOwnership 05 06 03.doc ituWlAn~ ~WU(d 2hilrm8rn:.fh (SEAL) DEVELOPMENT AGREEMENT-AZ-OI-016- 12 EXHIBIT A Lee:al Description Of Property A parcel located in the NE ~ of the NE 'l4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGJ.NNI:N"G at a 5/8 inch diameter iron pin marking the northwesterly comer of said NE )4 of the NE ~ (E 1/16 comer), from which a brass cap monument marking the northeasterly corner of said NE ~ of the NE ~ (section comer) bears N 89021' 19" E a distance of 1309.40 feet; Thence N 89021' 19" E along the northerly boundary of said NE ~ of the NE )4 a distance of 450.00 feet (of record as S 89012' W a distance of 450.00 feet) to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 3059'54" W a distance of755.96 feet (of record as N 4019' E a distance of758.35 feet) to a chiseled cross in a concrete wall; Thence S 89021 '19" W a distance of395.78 feet (of record as N 89012' E a distance of3 93.40 feet) to a 5/8 inch diameter iron pin on the westerly boundary of said NE ~ of the NE Y4; Thence N 0006'51" W along said westerly boundary a distance of 753.51 feet (of record as SOUTH a distance of753.50 feet) to the POINT OF BEGINNING. This parcel contains 7.32 acres and is subject to any easements existing or in use. DEVELOPMENT AGREEMENT-AZ-OI-016 - 13 EXHIBIT B Findinf!s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT-AZ-OI-016- 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF TOUCHSTONE ) CONSTRUCTION, INC., THE APPLICATION ) FOR ANNEXATION AND ZONING OF ) 7.32 ACRES FOR MERIDIAN STORAGE, ) LOCATED SOUTH OF WEST OVERLAND ) ROAD AND WEST OF SOUTH MERIDIAN ) ROAD, MERIDIAN, IDAHO ) ) ) ) ClC 12~18-01 Case No. AZ-OI-OI6 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 December 18, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was James Gibson, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the follmving Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT Page 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) 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 December 18, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and vvith 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 December 18, 200 I, 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 ss 67-6509 and 67-6511, and Meridian City Code ss 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 2 adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishillg the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 7.32 acres in size and is located south of West Overland Road and west of South Meridian Road. The property is designated as Meridian Storage. 6. The owner of record of the subject property is the Queenland Acres, Ine. of Meridian, Idaho. 7. Applicant is Touchstone Construction, Inc. of Meridian, Idaho. 8. The property is presently zoned by Ada County as R-U-T, and consists of undeveloped land. 9. The Applicant requests the property be zoned.as C-G. 10. The subject property is bordered to the north by C-G zoning, to the south by R-4, to the east by C-G and R-4 and to the west by Ada County R-I. II. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYTOUCHSTONE CONSTRUCTION, INC.! MERIDIAN STORAGE (AZ-OI-OI6) Page 3 13, The Applicant proposes to develop the subject property in the following manner: construct a storage facility. 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 Commercial. 15. There are no significant or scenic features of major importance that affect the consideration of this application, 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 of the Planning and Zoning and.Engineering staff as follows: 16.1 Applicant shall be required to enter into a Development Agreement vvith the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the Commission or Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 16.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12A-13. Plans shall be approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONING/BYTOUCHSTONE CONSTRUCTION, INC.; MERlDIAN STORAGE (AZ-OI-016) Page 4 appropriate irrigation/drainage district, or lateral users association, vvith .written confirmation of said approval submitted to the Public Works Department. 16.3 Any existing domestic wells and/or septic systems 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. 16.4 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. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off~site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Adopt the Recommendations of the Ada County Highway District as follows: 16.5 Applicant shall comply with the 11 Site Specific Requirements and 8 Standard Requirements addressed in the District's October 17,2001 Staff Level Approval. Adopt the Recommendations of the Meridian Police Department as follows: 16.6 The position of the facility does not lend itself to significant observation by patrolling officers, and therefore, the applicant shall address how the project shall have perimeter monitoring, Le. cameras or their own internal patrol. 16.7 Strong lighting of the rear of the site would help to decrease potential theft opportunity and provide a passive form of deterrence, However, this might be a problem for the residents in the existing subdivision to the southeast, and to those that will occupy the housing units currently FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBYTOUCHSTONE CONSTRUCTION, INC. / MERlDIAN STORAGE (AZ-01-016) Page 5 being developed in Bear Creek Subdivision, Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 16,8 Applicant shall supply the District vvith the blueprint plans indicating the grades, backfill and encroachments in order to make a final decision. 16.9 Once the final plans have been reviewed by the District, then a License Agreement for the relocation of the Kennedy Lateral, as well as any encroachments vvithin the Districts easements, shall be required. 17. It is found that if the developer pays for the requested improvements and complies vvith 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 vvith the existing, or intended character of the general vicinity, in order to assure that the proposed use vvill 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING;BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-OI6) Page 6 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 vviIl assure that the zoning is consistent vvith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 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 environment 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYTOUCHSTONE CONSTRUCTION, INC. / MERlDIAN STORAGE (AZ~OI-OI6) Page 7 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 of the 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. CONCLUSIONS OF LAW I. 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. 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, Ord. No. 629, January 4,1994.' FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 8 4. The following are found to be pertinent provisions of the 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 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 vvithin 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 of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-01-016) Page 9 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative .and functional site design. 4.9 To encourage a balance of land 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 S 11-7-2 K as follows: (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel~ related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a commercial use development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF IA W - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYTOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-01-016) Page 10 8. The development of the annexed land, if anne.:'Ced, shall meet and comply "vith 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 of the property shall be subject 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 corrunitment shall be binding on the owner of the 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC.! MERIDIAN STORAGE (AZ-OI-0I6) Page II 1 The applicant's request for annexation and zoning of approximately 7.32 acres to General Retail and Service Commercial District (C.C) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 7.32 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. Developer enter into a Development Agreement that provides in the event the conditions therein 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement 'With the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the Commission or Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 3.2 All irrigation ditches, laterals or canals, exclusive of natural watervvays, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBYTOUCHSTONE CONSTRUCTION, INC.; MERlDIAN STORAGE (AZ-Or.OI6) Page 12 appropriate irrigation/drainage district, or lateral users association, with 'written confirmation of said approval submitted to the Public Works Department. 3.3 Any existing domestic wells and/or septic systems 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. 3.4 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. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Adopt the Recommendations of the Ada County Highway District as follows: 3.5 Applicant shall comply with the 11 Site Specific Requirements and 8 Standard Requirements addressed in the District's October 17,2001 Staff Level Approval. Adopt the Recommendations of the Meridian Police Department as follows: 3.6 The position of the facility does not lend itself to significant observation by patrolling officers, and therefore, the applicant shall address how the project shall have perimeter monitoring, Le. cameras or their O"Ml I internal patrol. 3.7 Strong lighting of the rear of the site would help to decrease potential theft opportunity and provide a passive form of deterrence. However, this might be a pr"oblem for the residents in the existing subdivision to the southeast, and to those that will occupy the housing units currently FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBYTOUCHSTONE CONSTRUCTION, INC.; MERIDIAN STORAGE (AZ-Ol~016) Page 13 being developed in Bear Creek Subdivision, Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 3.8 Applicant shall supply the District 'With the blueprint plans indicating the grades, backfill and encroachments in order to make a final decision. 3.9 Once the final plans have been reviewed by the District, then a License Agreement for the relocation of the Kennedy Lateral, as well as any encroachments vvithin the Districts easements, shall be required. 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 9 11-7-2 K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall .prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ.OI-016) Page 14 of this decision and order seek a judicial review as provided by Chapter 52, Ti tie 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 ~ day of dd/114{_OA, ~ (j ;.z6fri Zo 0 2.. _ ROLL CALL COUNCILMAN RON ANDERSON VOTED -$4...-- COUNCILMAN KEITH BIRD VOTED~ COUNCILMAN TAMMY deWEERD VOTED ~ COUNCILMAN CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /-2-02- VOTED --- MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. r...~~~(;n:tnf4~JJ/ .............;(i .. ~1J/~:\.. ~ (j ~~ .~Jl .':-' "':;"~>..' ~ '~-J D d 1--2- /) '7 g .' o:r--'-e,., "t- ate : {/ L-!! " .....,.~ City Clerk ~ .' SEAL ., 1 \\NP A _NTS40 _PD05ERVER_Z\Work\!V1\Meridian\Merldian 15360MlJv:leridian Storage AZ-Q ~17?O:.'\'if.32\AZF~r . ~er.~l ~. -1,'; 19"( . . .}~ :.[- FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~.~>>:ctfi';'n~ rfi:~~'~5 '" .~~:';.< ., ... '. ,>' .."....i- AND DECISION AND ORDER GRANTING APPLlCATION'<:'.. .', ." FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-Ol~016) B May 16, 2003 MERIDIAN CITY COUNCIL MEETING May 20, 2003 APPLICANT ITEM NO. 8 - m REQUEST Change Order No.1, Meridian Settlers Park Restroom Building - Golis Construction: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Change Order MP(/)u-V Contacted: Date: Phone: Materials presented at public meetings shaff become property of the City of Meridian. Meridian Parks & Recreation Memo To: From: Date: Re: Mayor Corrie I City Council Doug Strong /JJ:t;co~ May 13, 2003 Settler's Park Restroom Building Change Orders RECEIVED MAY 1 3 2003 City Of Meridian City Clerk Offioo If The Park Staff will be requesting approval of two change orders, We wanted to give the Mayor and Council an opportunity to review the change orders prior to your May 20, 2003 meeting. Change Order #1 - Amount $200.00 - (Attachment) Delete the specified P-7 kitchen sink and substitute a stainless steel freestanding three-compartment sink with a drain board and single faucet. Change Order #2 - Amount $1554.00 - (Attachment) Furnish and install two floor drains in the handicap stalls as per Proposal Request One . RM Mechanical, Inc, (Subcontractor Cost) . Bond Cost @ 3% · Overhead and Profit @ 5% · Total cost of proposed change $1437.00 $ 43.00 $ 74,00 $1554.00 TOTAL AMOUNT OF CHANGE ORDERS: $1754.00 April 30, 2003 Mr. David Koga 128 South Eagle Road Eagle ID 83616 Project: Meridian Settler's Park Restroom Change Order Request No.1 Oolis Construction, Inc. proposes to delete the specified P-7 Kitchen Sink and substitute a stainless steel free-standing three compartment sink with a drainboard and single faucet. Cut- sheets on the proposed sink and faucet have been submitted with the mechanical package for review. Our lump sum price to accomplish this work is $200.00 two hundred dollars. No impact to the critical path of the project is anticipated assuming timely approval of the change is received. If you have any questions please call me. Sincerely, Oolis Construction, Inc. ~4~' Tom Golis, eM President Distribution List: 'AlA Contract Administration G701 Change Order Owner Architect Contractor Field Other PROJECT(Nameandaddres~: Settler's Park Restroom CHANGE ORDER NUMBER:01 DATE: May 6, 2003 TO CONTRACTOR (Name and address): Golis Construction. PO Box 2559. Eagle, 1083616 ARCHITECT'S PROJECT NUMBER: 02180 CONTRACT DA TE:April 28. 2003 CONTRACT FOR: Restroom Building THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable. any undisputed amount attributable to previoUSly executed Construction Change Directives) C.O. 1.1 Change kitchen sink type $200.00 C.O. 1.2 Provide. furnish and install two floor drains in handicap stalls $1.554.00 (see attached descriptions) The original (Contract Sum) (Guaranteed Maximum Price) was The net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be The Contract Time will be (increased) (deoreased) (unchanged) by zero (Q. ) days. The date of Substantial Completion as of the date of this Change Order therefore isAugust 1, 2003 $ 199.664.00 $ 0.00 $199.664.00 $1,754,00 $201.418,00 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price wMch have been authorized by Construction Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT (Firm name) THE LAND GROUP, INC. ADDRESS 128 SEAGLE RD, EAGLE 1083616 \ ' , , CONTRACTOR (Firm name) GOLlS CONSTRUCTION. INC. ADDRESS PZ~~. BY (Signature) OWNER (Firm name) CITY OF MERIDIAN ADDRESS 33 E (Typed name) Ji;/~/o'3 Electronic Format G701 - 2001 1 May 16, 2003 MERIDIAN CITY COUNCIL MEETING May 20, 2003 APPLICANT ITEM NO. ;3 - N REQUEST Change Order No.2, Meridian Settlers Park Restroom Building - Goris Construction: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Change Order A-pp rvu-eJ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Parks & Recreation Memo To: From: Date: Re: Mayor Corrie I City Council Doug Strong lJJtMrr~ May 13, 2003 Settler's Park Restroom Building Change Orders RECEIVED MAY 1 3 2003 City Of Meridian City Clerk Office The Park Staff will be requesting approval of two change orders. We wanted to give the Mayor and Council an opportunity to review the change orders prior to your May 20,2003 meeting. Change Order #1 - Amount $200.00 - (Attachment) Delete the specified P-7 kitchen sink and substitute a stainless steel freestanding three-compartment sink with a drain board and single faucet. "* Change Order #2 - Amount $1554.00 - (Attachment) Furnish and install two floor drains in the handicap stalls as per Proposal Request One . RM Mechanical, Inc, (Subcontractor Cost) . Bond Cost @ 3% . Overhead and Profit @ 5% . Total cost of proposed change $1437.00 $ 43.00 $ 74.00 $1554.00 TOTAL AMOUNT OF CHANGE ORDERS: $1754.00 Distribution List: AlA Contract Administration G701 Change Order Owner Architect Contractor Field Other PROJECT(Nameandaddres~: Settler's Park Restroom CHANGE ORDER NUMBER:Q.1 DATE: May 6.2003 TO CONTRACTOR (Name and address): Golis Construction. PO Box 2559. Eagle, ID 83616 ARCHITECT'S PROJECT NUMBER: 02180 CONTRACT DATE:ApriI28. 2003 CONTRACT FOR: Restroom Building THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) C.O. 1.1 Change kitchen sink type $200.00 C.O. 1.2 Provide. furnish and install two floor drains in handicap stalls $1,554.00 (see attached descriptions) The original (Contract Sum) (Guaranteod Maximum Price) was The net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be The Contract Time will be (increased) (decreased) (unchanged) by zero (Q. ) days. The date of Substantial Completion as of the date of this Change Order therefore isAugust 1, 2003 $ 199,664.00 $ 0.00 $199,664.00 $1.754.00 $201.418.00 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT (Firm name) THE lAND GROUP, INC. ADDRESS 128 S EAGLE RD. EAGLE ID 83616 'c CONTRACTOR (Firm name) GOLlS CONSTRUCTION, INC, ADDRESS p~~~. BY (Signature) OWNER (Firm name) CITY OF MERIDIAN ADDRESS 33 E IDAHO, MERIDIAN, 1083642 BY (Signature) (Typed name) MAYOR DATE f>/~/o'3 (Typed name) TOM GallS DATE 5;6~,. CAUTION: You should sign an original AlA Contract Document, An original assures changes will not be obscured. @ AlA Document 8701 Change Order ElectrOniC Format @ 2001 The Amencan Institute of Architects . www.ala.org . WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution, To report copyright violations of AlA Contract Documents, e- marr The American Institute of Architects' legal counsel. copyright@aia.org. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below. User Document: changeorder1,aia - 5/6/2003. AlA License Number 1116865, which expires on 3/31/2004. Electronic Format G701 " 2001 1 April 30, 2003 Mr. David Koga 128 South Eagle Road Eagle ID 83616 Project: Meridian Settler's Park Restroom Change Order Request No.2 Golis Construction, Inc. proposes to furnish and install two floor drains in the handicap stalls as per Proposal Request One. No impact to the critical path of the project is anticipated assuming timely approval of the change is received. RM Mechanical, Inc. (subcontract cost) Bond Cost @ 3% Overhead and Profit @ 5% Total cost of proposed change $1437.00 $ 43.00 $ 74.00 $1554.00 If you have any questions please call me. Sincerely, Golis Construction, Inc. .~~~. Tom Golis, CM President R Mechanical, Inc. . p.o. Box 45429 Boise, Idaho 81711 Ph. 208 f 362.0: 3 J Vax 208 / 362-9740 GOLlS CONSTRUCTiON PO BOX 2359 E.A.GLE, IDAHO 83616 PHONE: 938-4202 FAX.: 938.4204 ATTN: PROJ. GC CP~~' GC RFI# RM ACR# RM RP# DATE: DESC.: :::>+d TOM GO LIS SETTLER.S R.ESTROOM 4/29/2003 PROVIDE LA80RAND MATERIAL TO INSTALL 2 "fYI/O INCH FLOOR DRAINS IN T..,E He STALLS PER ATTACHED SKETCH MATERIAL FREIGHT EXPENDABLES EQUIPMENT RENTA_ TAXES DIRECT JOB COST SAFETY SU8COf\JTR.~CTOR LABOR A B C. PERMIT BOND RM MECHANICAL INC. MARK-UP TOTAL CHANGE ORDER REQUEST JOURNEYMAN FOREMAN GEN.FOREMAN EX~AVATION 16 HRS. @ 538.82 HRS. @ $42.53 HRS, @ $44.44 SINCERELY RM MECHANICAL, INC DON REED PM ~~I '~~I~~H~3W ~~ $386.28 $24.84 $24.71 $',5000 $621 12 SO.OO $000 $4166 $167.40 $1.436,72 dEl:vO EO 62 ~Q~ Distribution List: AlA Contract Administration G701 Change Order Owner Architect Contractor Field Other PROJECT(Nameandaddres~: Settlerts Park Restroom CHANGE ORDER NUMBER:Q1 DATE: Mav 6. 2003 TO CONTRACTOR (Name and address): Golis Construction, PO Box 2559. Eagle. 1083616 ARCHITECT'S PROJECT NUMBER: 02180 CONTRACT DA TE:April 28, 2003 CONTRACT FOR: Restroom Building THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) C.O. 1.1 Change kitchen sink type $200.00 C.O. 1.2 Provide. furnish and install two floor drains in handicap stalls $1.554.00 (see attached descriptions) The original (Contract Sum) (Guaranteed Maximum Price) was The net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decroased) (unchanged) by this Change Order in the amount of The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be The Contract Time will be (increased) (decreased) (unchanged) by zero (Q ) days. The date of Substantial Completion as of the date of this Change Order therefore isAugust 1, 2003 $ 199,664.00 $ 0.00 $199,664.00 $1.754.00 $201.418.00 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT (Firm name) THE LAND GROUP, INC. ADDRESS 128 SEAGLE RD, EAGLE ID 83616 '\, '~ I BY Signat eo ~ (Typed name DAVID KOGA DATE f)/~/o3 CONTRACTOR (Firm name) GOLlS CONSTRUCTION. INC. ADDRESS p~~~. BY (Signature) OWNER (Firm name) CITY OF MERIDIAN ADDRESS 33E Electronic Format G701 - 2001 1 ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 05/30/03 02:48 PM DEPUTY Bonnie OberbiJlig RECORDED - REOUEST OF Meridian Cily AMOUNT .00 6 III [111111I111I11111111111 11I/lllnll 103089186 CITY OF MERIDIAN ORDINANCE NO. 03- I 0 ~O AN ORDINANCE FINDING THAT, QUEEN LAND ACRES, INC., IS THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED SOUTH OF WEST OVERLAND ROAD AND WEST OF SOUTH MERIDIAN ROAD, MERIDIAN, 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 GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART 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 located in the NE 1f4 of the NE 1'4 of Section 24, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1'4 of the NE Y4 (E 1/16 corner), from which a brass cap monument marking the northeasterly corner of said NE 1'4 of the NE Y4 (section comer) bears N 89021' 19" E a distance of 1309.40 feet; Thence N 89021' 19" E along the northerly boundary of said NE Y4 of the NE 'l4 a distance of 450.00 feet (ofrecord as S 89012' W a distance of 450.00 feet) to a 5/8 inch diameter iron pin; ANNEXATION AND ZONING ORDINANCE (AZ-OI-016l - 1 Thence leaving said northerly boundary S 3059'54" W a distance of755.96 feet (of record as N 4019' E a distance of 758.35 feet) to a chiseled cross in a concrete wall; Thence S 89021 '19" W a distance of395.78 feet (of record as N 89012' E a distance of393.40 feet) to a 5/8 inch diameter iron pin on the westerly boundary of said NE Y4 of the NE 1;4; Thence N 0006'51" W along said westerly boundary a distance of753.51 feet (of record as SOUTH a distance of753.50 feet) to the POINT OF BEGINNING. This parcel contains 7.32 acres and is subject to any easements existing or in use. 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 General Retail And Service Commercial District (C-G). 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: The zoning designation set forth in Section 3 ofthis ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the W-lJ",. day of yYl~ , 1.ocO , and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION AND ZONING ORDINANCE (AZ-OI-016) - 2 SECTION 8: 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 ofIdaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code ~63-2215 and S50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2.0-l:k day of VV\.IJ.Jv:::, , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this W-tk day of \f\i'\.-~~ ,2003. ~'"'-----.. _.... ~;U_.~ ~ ~-: CITY CLERK "'6 R j ... 01_ "0 ~ . . , ~ "fO "'o"r 15\ . ..z:. f First Readmg: S - 20-03 ~~ ;.y Q ". i>~ ....v... Adopted after first reading by susp~~nsJ,~tl~e~~ul~ as allowed pursuant to Idaho Code 50-902 Yes: )( No: J,m,x-'\ -TcvW\.YVU~ ch we.cl~ ' e;.-t0CDl,{fyL~l 'YrttwlwL-t \\\\\IIUllfllf1 . \\\ If ............,'~of J,l€RfO/,'IIIJ' " ~"' .--- '....Z-.t ".-: i' () y:t\'?OR-4 r. v \. ~ ~o" S ~ ~ ~ - . ~ .~ SEl!..L :: ATTEST: Second Reading: Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-OI-016) - 3 STATE OF IDAHO,) W : ss. lCL'VVU'Vv'6 cU ee-vcl County of Ada ) On this t1- n "~Iay of ~ 2003 ~re me, tile undersigned, a Notal)' Public in and for said State, personally appeared ERr D. coRRl& and WILLIAM G. BERG, JR., known to me to 9.~Jhe:=al:\p gi:ly~q~rk of the CITY of Meridian, Idaho, and who executed the within instrumerlr, an&Oackno~]e~g~ct1b'"rtle that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) llUIlIll".lt.lt <>.11 N s.-Ai-,'''.. ~/~ ,./-:rA'"h"~';:.. Il1Q " _~ 0 ~ "'€(J.. .....$.." OCOt ""'i" \ . Ii> I \ II ,. : 1 II III I I II 01 \ I ... II \ I . t' ..... C I .. ....~~..~~..~~~.. ..11'iiOF19~' ......'11I... ~h~/1Yl fJrru'-ffu NOTARY PUBLIC FOR IDAHO RESIDING AT: lAo/a CcI/"i'[ftr{f~M MY COMMISSION EXPIRES: . - 5" Z:\ Work\lVl\lVleridian\lVleridian 15360MIMeridian Storage AZ-O 1-0 16 CUrD 1-032\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-OI-016) - 4 CERTIFICA TION OF THE CITY CLERI( OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- lOW , passed by the City Council of the City of Meridian, on the '2.D~ day of \'VlC~ ,2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, ) : ss. County of Ada, ) On this 1-Z.'lJ.dayof < m{)(;v~ ' in the year 2.008, before me, 8hl1. nJn 2)Jn<-.-th , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe 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) ....alil.lIl. ..ON SNJ"" ~. .----- +A .. .. 1:A.;:" 'X .11#. /~ 0 ~ "'l'(j'..",,,,tt...o "~I "'Y' , ... III I I '" II f ~ III II I I l'l 11 I I . If, \ I fir . \ i 'II .. ~"'..b--1C~,'O 111 u-, '-:. u,tJlJ,#, 0- .. 1'.....,;..,---..<'1 .. ..~'1".uOF ~ 0+ ............ Jh ()}) IYl ~itu Notary Public for Idaho Commission Expires: 1-2&'-05" Z:\Work\M\Meridian\Meridian 1 5360M\Meridian Storage AZ-OI-OI6 CUPOI-032\CertificationOfClerkOrd 05 06 03.dcc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-O 1-016 PAGE 1 OF 1 ADA COUNTY RECORDER J. DAVID NAVARRO BorSE IDAHO 05/30/03 02:48 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 6 II [ 1111111 II J I11I 1111111111111111I111 103089187 CITY OF MERIDIAN ORDINANCE NO. 03- lOZ-L AN ORDINANCE FINDING THAT, CENTRAL V ALLEY BAPTIST CHURCH, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTH-EAST CORNER OF NORTH TEN MILE ROAD AND THE RAILROAD TRACKS, SOUTH OF WEST PINE A VENUE, MERIDIAN, TO BE KNOWN AS CENTRAL VALLEY BAPTIST CHURCH 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 WRlTING TO THE COUNCIL; AND THAT SAID LAND BE At"\lNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A P ART 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 North Half of the Southwest Quarter of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 11, thence North 00052'39" East a distance of 1546.85 feet along the Westerly line ofthe Southwest ANNEXATION AND ZONING ORDINANCE (AZ-03-001 Qum1er of said Section 11 to the TRUE POINT OF BEGINNING, said point being on the Southerly line of the Oregon Shortline Railroad right-of-way; thence continuing along the Westerly line ofthe Southwest Quarter of said Section II North 00052'39" East a distance of 511.01 feet; thence leaving said Westerly line, South 89010'45" East a distance of 1232.32 feet to a point on the center line of the Ten Mile Stub Drain; thence along the center of said Ten Mile Stub Drain the following courses and distances: South 41018'45" East a distance of255.25 feet; South 20045'45" East a distance of 98.82 feet; South 02056'15" West a distance of 47.60 feet to a point on the Northerly right-of-way line of the Oregon Shortline Railroad; thence along said Northerly right-of-way line, North 88028'20" West a distance of209.96 feet; leaving said Northerly line, South 00036'46" West a distance of 200.03 feet to a point on the Southerly line of said right-of-way; thence along the Southerly line of said right-of-way, North 88028'20" West a distance of 1229.53 feet to the POINT OF BEGINNING. Said parcel ofland contains 681,671 square feet or 15.65 acres more or less. 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 Limited Office District (L-O). 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 mmmer plainly and clearly designating the boundaries of the City of Meridian, including the ANNEXATION AND ZONING ORDINANCE (AZ-03-001 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 ofthis ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this '2-0-th day of m~ ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this '20 -'th. day of ~ ,2003. ~"6d~ T (l;WV~ clt. W-ee fO\ ATTEST: '1\\\1I111{,)'~/,L~COUiVl-c;.\ ?'(e~~c~-t \\1 .....c; ~'4 { ..,;."":"--l V1 ,Oyt, "I,. '.." ...\. , ...." ~ / v ~_O"'r" '11- % . ,fl ~9::l r ~ " ~~ ~ ~ - ~ ~,.. ..... CITY CLERK ~ ~ First Reading: 5~ 2D-03 l il j Adopted after first reading b~ :s'k>~ " ~l~.:as allowed pursuant to Idaho Code 50- 902 Yes: ~/~ OOiJ:b.n:-,,{l$Jf:~..S' S d R d' - >111 ''\1 ~ \. \\' econ ea mg: Ifl,!?U mn\HI\\ Third Reading: ANNEXA nON AND ZONING ORDINANCE (AZ-03-00] STATE OF IDAHO,) : SS. lOvVVlt~ cLt W,U{ cl County of Ada ) On this tz n~ day of ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared and WILLIAM G. BERG, JR., known to me to b~ the Mayo,:, and C.ijy Clerk of the CITY of Meridian, Idaho, and who executed the within instrumen'r,~cf1gmf6\Jle~6dt51ne that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .Ill.......,. 'I><!:,oON SJl~1tt o~~ -----~'%..t:. Q~~;:;:O rrA..i;\&~. .,r-t ~ ~ ~~. Q-~t \ CI ., , , ... .. : I IlII ;:I \ I III III \ / .. $ \ t III '" ~C; III 'I). d\...... ~ ~; Oltt ... .,.' . ..~?>;:,----..<\ . ..;.(lOF~.. ""......... Z:\ Work\M\Meridian\Meridianl 5360M\CentralValley Baptist Church AZ-03-00 I \AZOrd.doc 2hMO^~ -f/~ NOTARY PUBLIC FOR IDAHO RESIDING AT: Aia.-CfJUnt':%-icldv MY COMMISSION EXPIRES: '-U-o)" ANNEXATION AND ZONING ORDINANCE (AZ-03-001 ~ -==:J ~ L- ~J:;; "Ie. ~\5 5 .~ ~ O.C!! rc Z~z: Ul(\1("') OW ':. Z~~ .c::( _ c ..,. 16 0 ::. '/ -'5 ~16 (g O-e Q) () o -. t!) ~ ~ It. o ~ :; uJ C'l .....\:::;~ -? Dt!) - -0 ~ ffi~ ';i~~ u-~~ Oul- ~9 ~3ffi _ui:: Og \P ~~ .- '<"' ':jiR ~~ t!) 0 1(1 ~ C<:I LO N Z \~ ~ \~ LO ~ ~ ~ ~ 0 N ~ $ ...- ~ ...- (j) z rc U- ~ ,\.0'\.\.9 3"6~,ZS,,OON .- OB :fnlJ\1 N3.L N .99'9V9 \. 3..6~IZ9000N .- C> \1-~ az ~~ _C> aU! 0... co ~ U1 1}1 ? '? ? to in LO '0 (p 'C$" 'C$" ~ N 1:t ~ 0:> 10 ~ ~ ~ ~ <"" 'C$" 0 0 " " ...- ~ ~ ~ 0 ...;t ~ (f) (J) (J) z ':\ ~ r- :I: 'A ~ $ to S U1 t9 (1) ~ u) cO 0} ci :.J m 'A (1) ~ ~ ~ :..J ~ - :i :.l ~ ~ :J .J CERTIFICATION OF mE CITY CLERK OF mE 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 Ordinance No. 03- J 021 , passed by the City Council of the City of Meridian, on the '1.0~ day of yYl~ ' 2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \\\\\\I,llltHHllff, ,,\.' of ME},:''!f\.'fl".. ,v:'\...... . ""'7-1. ......... ..~ Oo~0f4}: * ~ ~ .D {:'o ~ ~ ~ ~ ~ ~ .:.1 :t ~ = ss. - - - - ... STATE OF IDAHO, ) County of Ada, ) On this ~'2-n&t day of WlfM1l- ' in the year 20-03 , hefore me, ..~ Q.f1rY1 r~-~.f-l-- , 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) 'll111tl1il1ilQ ."''OON S "0. o..~rTA~4f.r;.o o~~:;.O -~ )_\......... bC'J / ""Y -r" ,'YJ"" r;. . , , P iI ' " t= WI l : II Y1 , I r;, " l I ., r;. , / '" "'. J.."'.....!tJm;\.C,/..;..O 011I ... ~.;-.;.~--~,;; ~'"~ <> ....,uOF .1.>-'",. .14......... ShaA.'-th Notary Public for Idaho Commission Expires: 1/ - Zt---O 5"' Z:\ W ork\M\Meridi nn\Merid ian I 5360M\Central Valley Baptist Church AZ-03-00 I \Cerli ficatiOlOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-00 1 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05/30/03 02:48 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 6 111111111I11]111111I11111111111111111 103089188 CITY OF MERIDIAN ORDINANCE NO. 03~ r fY2. 2- AN ORDINANCE FINDING THAT, GREAT OAKS WATER COMPANY, INC., THE O'iVNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 4000 WEST PINE AVENUE, EAST OF BLACK CAT ROAD, AND SOUTH OF WEST CHERRY LANE, MERIDIAN, TO BE KNOWN AS CASTLEBROOK SUBDNISION NO.2 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 DlRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DlRECTING 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 ofland located in the S 12 ofthe NW v,;, and the SW v,; ofthe NE v,; of Section 10, T. 3N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Y4 section comer common to Sections 9 and 10 of said T. 3N., R.IW.; ANNEXATION AND ZONING ORDINANCE (AZ-02-031) PAGE 1 OF4 Thence South 89031 '20" East, 1318.06 feet on the east-west mid-section line of said Section 10, to the southwest corner of the SE 114 of the NW Y4 of said Section 10, said point being the REAL POINT OF BEGINNING; Thence North 00005' 56" East, 1205.29 feet on the westerly boundary line of said SE 114 of the NW Y4 to the southerly boundary line of the Ten Mile Drain; Thence North 44033'47" West, 169.77 feet to a point on the northerly boundary line of the SW Y4 of the NW Y4 of said Section 10; Thence South 89031 '00" East, 118,09 feet on the northerly boundary line of said SW Y4 of the NW Y4 to a point on a curve on the northerly Easement line of the Ten Mile Drain, as said Easement is described in Easement Deed to U.S.A., recorded as mstrument No, 64554, in Book 121 of Deeds at Page 23 of Ada County Records; Thence 66.39 feet along the arc of a curve to the left, said curve having a radius of 83,20 feet, a central angle of 45043 '20" and a chord distance of 64.65 feet which bears South 56057'20" East, on the northerly easement line of the Ten Mile Drain; Thence on the northerly easement line of said Ten Mile Drain, said line being 60.00 feet northerly of and parallel with the centerline of said Ten Mile Drain as described in said Instrument Number 64554, for the following courses; South 79049'00" East, 1305.50 feet to a point of curve; Thence 139.21 feet along the arc ofa curve to the right, said curve having a radius of 346.50 feet, a central angle of23001 '06" and a chord distance of 138.27 feet which bears South 68018 '27" East; Thence South 56047'00" East, 245.73 feet; Thence leaving said northerly Easement line, South 01004'00" West, 887.17 feet to a point on the east-west mid-section line of said Section 10; Thence North 89031' 53" West, 340.60 feet (formerly described as westerly) on said east-west mid-section line to the Center 114 Section corner of said Section 10; Thence continuing North 89031 '53" West, 1317.16 feet (formerly described as westerly, 1282 feet) on said east-west mid-section line to the real point of beginning. Said parcel contains 44.03 acres more or less. 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 0 f Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). ANNEXATION AND ZONING ORDINANCE (AZ-02-031) PAGE 2 OF 4 ( 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 ofthe 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 ofthe State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. ANNEXATION AND ZONING ORDINANCE (AZ~02-031) PAGE 3 OF 4 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2D+:h. day of ~ ' 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2o~ day of m~ ,2003. ATTEST: SEAL ~ ~. '"1~ ,R f CITY CLERK' ':"\ iO",. Usr 1~' t...! First Reading: 5-2.0-o3"'~/~, C'oUlNf.">{ . "f;>\\......~ "I .. , . , ~\\ Adopted after first reading by sU~P'ensiQ]}\'0'fthe Rule as allowed pursuant to Idaho Code 50- 902 Yes: ;X No: Second Reading: ~ Third Reading: STATE OF IDAHO,) : ss, ---I f\ ,.1 ~ LJ uv-d County of Ada ) w\'\fl,vv\'~ U\X- On tllis Zz...l day of h1~ ' 20036re me, the undersigned, a Notary Public in and for said State, personally appeared RT D. CORR.. and WILLIAM G. BERG, JR., mown to me tg.,be the m and C.!' Clerk of the CITY of Meridian, Idaho, and who executed the within <...,,1-tULD/Ml l r{,S.iC4l.' instrument, ana ac oWleage to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above vmtten. \IIGQIllIll1l704r il>o~:" Q}~L~~~. li1i1>.o~O'tA h"'~"!A.o o:r,~'::;J - &.(('), ,-r,;.... II C1J / ..... ..,... \Y'" 11\ 1/ , \ \II III : ~ III '" I I III ~ I I III o \ I . . \ l II (I '" fom;C' · .. <.P.r........ ~ .~' o. .. -'f ~- - . .. ~l'h-.----..-<l . .....qQF lV.+ z:\ W ork\M\Meridian\Meridian 1536~@:m;tt<!brook Sub No, 2 AZ 02 031 PP 02 032 V AR 03 005\AZOrd.doc ghannJml~.1t-- (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: Ada(tJtwt~ Jddt.D MY COMMISSION EXPIRES: f-Zg-05 ANNEXATION AND ZONING ORDINANCE (AZ-02-031) PAGE40F4 ~ ~ ~ -:t. ~N \ ~ ------- \ . t ~\O ~ 0:: 0:: () Z. 0 0 ~ ..- ~\UM -' .CO ~ - \:::'$ ? O:J O~rn u.. Z(/) ~ _ to o::li~ '{35 \U u.1 ~ <t: (J) ~og l- - ,LV LQ'a ~O ~ ~o::~ 0111- MuOO,VO" \.Os ~ fX.& ~g z CO - ~~~ -- Ct':l ~. O~~ \~ _ui~ 00 ~ ttr-\- ~ " ~ Ot!) ~ (J) 4- 'i -z. (,) 111 (') a 0 ~ ~ ..r l 3 ~(sj \~ ; " ~ ~".. -z. ~\ON o <D. 0:) j:.'<l'(.<} 0<.0..- .6Z.g0Z \. 3"99,90,,OON .-- ~ 02- 'Z~ (5u.1 0..1:0 5 ~~~ U1~N g;r-CO 0\0"- l{i$$ ow(/) Ulj:. :.JO ~ t-Ul U1~ - ~:z:~~ ?<((.<}..... ootC."'!<? \jl;@.~ U1 o (0 o 05 ..- ~ ..- 3~g :=;. ,<0 '<((<)'<l' p::(l)(.<) j:. ..- I-~(,"l (!) .0> ~$~ ....l ~ ~ ~ U1 'fr......('ooI ?oo o ~ . ~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF l\1ERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03-_l 0'2-1- , passed by the City Council of the City of Meridian, on the 2o-'th. day of m~ ,2003, is a true and correct copy ofthe original of said document which is in the care, cus odyand control qhlhth~}hY. Clerk ofthe City of Meridian. ,','\\\~ WE~L:'111111 ...<.; "'- v' =~ .1.1 ~6'~.~ ~..f. .I~ ~ ~A.... 'V ~ ;: '.0 ....,,~ -;.. ~ ~ ~ ~ :; ~ ~ ~ ~ z _ ~ - = - STATE OF IDAHO, ) ss. County of Ada, ) On this 22nd day of metl1! ' in the year 2003, before me, c~hCL'n5Y1 /;; ~ ft--. , 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) _01111011 -I)4''''ON 8 "'~4> 4>o~.~---~~~. liI~~~OT~>..C:~. "'Coo I ""Y y-. "':~ '" . I , II II : \ II II I I III II 1 , III ... \ I . . \ / '" Q .. ,br.~. C' 0- .~ ~~,~_u.tn..~,~~O 0- v.<~~___~~ ~.. +.:'J::!OF1P.6 ..11I....'" JhM mJrru"!h Notary Public for Idaho Commission Expires: 1-2%-05' l;\Work\M\Meridian\Meridian I 5360M\Castlebrook Sub No, 2 AZ 02031 PP 02 032 VAR03005\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MElUDIAN AZ-02-031 PAGE 1 of 1 ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 05/30/03 02:48 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meri dian CilV AMOUNT .00 .;rlo II I 111111I 1111111 11111111111111111111 1030'89189 CITY OF MERIDIAN ORDINANCE NO. 03- 102-3 AN ORDINANCE FINDING THAT THE OWNER, M & L LIMITED PARTNERSHIP, OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EAST FAIRVIEW A VENUE, APPROXIMATELY 'lZ MILE WEST OF NORTH EAGLE ROAD, MERIDIAN, HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) TO L-O (LIMITED OFFICE DISTRICT) AND C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 G AND K, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property 6.95 acres has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from L-O (Limited Office) to L-O (Limited Office) and C-G (General Retail and Service Commercial) Districts as defined under Meridian City Code ~ 11-7-2 G and K; and Physically located on the north side of East Fairview Avenue, MALLANE COMMERCIAL COMPLEX SUBDIVISION (L-O AND C-G) RE-ZONE ORDINANCE I RZ-03-00 1 PAGEIOF4 approximately \12 mile west of North Eagle Road, Meridian, Idaho. A parcel of land being Lot 1, Block 1 of Angel Park Development, a Subdivision, as same is shown on the plat thereof recorded in Book 73 of Pl;::tts at Page 7551 of Ada County Records, and a portion of the SWl/4 of the SEl/4 of Section 5, T. 3N., R. IE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the northerly lot corner common to Lots 1 and 2, Block 1 of said Angel Park Development, said point being on the southerly right-of- way line ofN. Hickory Way, and said point also being the REAL POINT OF BEGINNING; Thence South 00029'29" West, 285.58 feet (formerly described as South 00029'33" West) on the lot line common to said Lots 1 and 2 to a point on the section line common to Sections 5 and 8 of said T. 3N., R. IE.; Thence NOlih 89048'53" West, 661.14 feet on said section line to the 14 Section corner common to said Sections 5 and 8; Thence North 00028'51" East, 320.09 feet (formerly described as North 00027' 14" East), a portion of said line being on the westerly lot line of Lot 1, Block 1 of said Angel Park Development; Thence South 89032'34" East, 373.74 feet; Thence North 00027'26" East, 257.08 feet to a point on a curve on the southerly right-of-way line ofN. Hickory Way; Thence on the northerly lot line of said Lot 1, Block I and said southerly right-of-way line for the following courses and distances; Thence 139.82 feet along the arc of a curve to the right, said curve having a radius of370.00 feet, a central angel of21 039'06" and a chord distance of 138.99 feet which bears South 49035'29" East; Thence South 38045'53" East, 192.86 feet to a point of curve; MALLANE COMMERCIAL COMPLEX SUBDIVISION (L-O AND C-G) RE-ZONE ORDINANCE I RZ-03-00 1 PAGE20F4 Thence 77.59 feet along the arc of a curve to the left, said curve having a radius of 209.98 feet, a central angle of 21 0 1 0'21;; and a chord distance of 77.15 feet which bears South 49021' 04" East to the real point of beginning. Said parcel containing 5.62 acres more or less. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings offact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property, which is the subject of this ordinance, is legally described in Section 1.1. ofthis Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (L-O) Limited Office and (C-G) General Retail and Service Commercial Districts. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and aJIDulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this n 01.1..... d f !IIII rr 11 200 f- ay 0 , I lVV"'\ , 3. v MALLANE COMMERCIAL COMPLEX SUBDIVISION (L-O AND C-G)RE-ZONE ORDINANCE I RZ-03-001 PAGE30F4 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2.o--\;k day of VVt~ ,2003. Attest: - ~ City Clerk First Reading: 5 -20-03 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. _____ cl.eWur4 County of Ada, ) IttJnm~l( , Cx't~/t'/)IlIl ex ( Pre, On this 1-1j1J day of m~ ,20W before me, the undersigned, a Notary Public in and for SaId tate, personally appeared-ReBERT- -D. CORRIE and WILLIAM G. BERG, JR., known to me to be the~ ,~dS::JtYL Clerk of the CITY of Meridian, Idaho, and who executed the within instru~~:o~Ji~1Irlt;{tre(fged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~G1l1lalllal1 ~"ON 811~. l1~~ori~~{~.o ~hl1J\ 0Yl S VYl :+h 0"0 I "'V. \ '" _ J I V\- (SEAL) : { 1: NOTARY PUBLIC FOR IDAHO ~ \ /: RESIDING AT: /1dccCDwr~,tfJw .. \.... !lJm.,\.C/Oo.l1 MY COMMISSION EXPIRES: - Z -tO$"" · O'h'-_ .,,~. Z.\ Work\M\Meridian\Meridian .~~litmmercial Complex RZ 03 00 I \RZOrdinance,doc II...... MALLANE COMMERCIAL COMPLEX SUBDIVISION (L-O AND C-G) RE-ZONE ORDINANCE / RZ-03-00 1 PAGE 4 OF 4 0 .., fY) w ~ N ~ ;;:;;;.... S2.z z. ~ & \ ~O ~ ~ m- 0 <i <::JW UJ ~ uJ ('l u.. - 62:. &: !::~ uJ -:;> Ow z~ ~ tr ciO U1::J u.l1U~ \- ~~9 Ow U'l ~U1 t:: u.. 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Ul ~ ~ ~ => 0 () 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, ofthe City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- 1023 , passed by the City Council of the City of Meridian, on the '2..o-\::h day of ynOLJ ,2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian, ss. STATE OF IDAHO, ) County of Ada, ) On this 1-'2}\d day of ~CJJf- ' in the year 2003, before me, ~qh.afljY1 ~-l-t1 , 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) 91iltlIII IlIlrc ..ON SJI'!b ~.~ ~---.~~../":.. l~y~O'tAl?;:"'~.. "'(';:)1 ~ \ ... Q / \ - D : I III 51 I I rJ 51 I , ... o \ J · 9' C'... 1) " br..... ~ /......0... .. <.P .......~ - U.tH...I,~ ~,:;" <> .?>~;;;'--_...<'I ~ <> ...~"'.cOF l>-'o.. ,,-.......... ghttA dV1~'+h Notary Public for Idaho Commission Expires: 1- 28'-{)5 Z:\Work\M\Meridian\Meridian I 5360MIMallane Commercial Complex RZ 03 OOI\CertificationOfClerkRZOrd,doc CERTIFICATION OF THE CITY CLERK - RZ-03-001 10 CITY OF MERIDIAN ORDINANCE NO. 03- ) 021f BY: 11 eiih 7?;uuJ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 3 TITLE 10, ELECTRICAL CODE OF THE MERIDIAN CITY CODE AND REENACTING CHAPTER 3, TITLE 10 TO INCORPORATE THE NATIONAL ELECTRICAL CODE OF 2002 AND ADDITIONS, WITH EXCEPTION OF ARTICLE 80; PROVIDING FOR PENALTY, SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 3 of Title 10 Electrical Code of the Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Chapter 3 of Title 10 Electrical Code of the Meridian City Code, be, and the same is hereby reenacted and shall read as follows: SECTION: 10-3-1 : 10-3-2: 10-3-3 : 10-3-4: 10-3-5: 10-3-6: 10-3-7: 10-3-8: 10-3-9: 10-3-10: 10-3-11 : 10-3-13: 10-3-14: National Electrical Code Adopted; Additions State Licenses Required Installations By Owner Of Building Permit Required; Application; Issuance Inspection Requirements Installation Of Meters And Outside Wiring Specifications Of Circuit Wiring Non-liability Of City Validity Penalty Severability Savings Clause Date of Effect ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 1 of6 10-3-1: NATIONAL ELECTRICAL CODE ADOPTED, ADDITIONS: The National Electrical Code of2002, with exception of Article 80, this Article is informative unless specifically adopted by the local jurisdiction adopting the National Electrical Code. Said National Electrical Code of2002, on file in the City Clerk's office, and the same is hereby adopted and incorporated in full as if set forth at length herein, including additions, which additions, ifin conflict with the National Electrical Code, shall overrule said Code. Prom the date in which this Chapter takes effect, the provisions thereof shall be controlling within the limits of the City. (Article 80 to the National Electrical Code is not adopted) A. Buildings Moved From One Location To Another: When a building is moved from one location to another the Service Entrance shall be inspected and made to conform to the requirements of the current edition of the National Electrical Code. B. Unfinished Studded Partitions: On November 2, 1963, the State Electrical Board ruled that when unfinished studded partitions are in place in residential basements, indicating that the enclosed areas are intended for rooms, such enclosed areas shall be considered as rooms. The wiring, including receptacle outlets as required by Article 210-52 ofthe National Electrical Code shall be installed before the wiring of the building is approved. C. Supporting Partitions: When a residential basement is not divided into separate rooms and only an unfinished supporting partition is in place, at least two (2) outlets shall be installed in such supporting partition, facing the area on opposite sides of the partition. D. Utility And Storage Spaces: The requirement that receptacle outlets be installed within six feet (6') from any wall space in dwelling type occupancies Article 210-52 National Electrical Code does not apply to hallways, bathrooms, utility rooms, laundry rooms, furnace rooms and storage spaces. The number of outlets in these areas is optional, but adequate branch circuit capacity must be provided for lighting and for all electrical equipment to be installed in such areas without the use of extension cords. E. Separation Of Buildings By Fire Walls: 1. In general, the National Electrical Code permits only one service to a building Article 230-2 and 230-21. 2. Article 100 of the National Electrical Code defines "Building" as t1A structure which stands alone or which is cut off from adjoining structures by fire walls with all openings therein protected by approved fire doorsl1. F. For the purpose of determining the number of services which may be run to a building or structure, a fire wall shall be a masomy wall, not less than four inches (4") ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 2 of6 thick, which extends from the foundation to the roof sheathing. (Bulletin No.52 issued June I, 1966.) G. Aluminum Conduit For Mast Type Services Prohibited: When the service conduit is used as a mast to support the service drop, rigid steel conduit, or intermediate metal conduit (!Me), shall be used. Aluminum conduit will not be approved for this purpose unless approved braces are provided to relieve the conduit of horizontal strain. Guy wires will not be approved for this purpose. H. Approval Of Certain Voltage Installations: Due to the many misunderstandings and misinterpretations ofthe National Electrical Code requirements for conductors and service disconnects, etc., on installations of over six hundred (600) volts, it has become necessary to require that all installations of voltages over six hundred (600) volts that are customer-owned or operated must be submitted for prior plan approval to the Electrical Board representative in the area in which the installation is to be made. (Ord. 433, 5-21-1984) L Street Lighting Waiver, Photo-Electric Cell Required: In the event street lighting requirements are waived in the case of an R-4 single-family dwelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. (Ord. 474, 4-7-1987) 10-3-2: STATE LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to carryon the business of electrical wiring without first having secured a State contractors license or have in his possession a license recognized by the State Electrical Bureau. 10-3-3: INSTALLATIONS BY OWNER OF BUILDING: If an owner wishes to do wiring in his own building, he may do so without a State license, but he must first obtain a permit as required by Section 10-3-4; the City Electrical Inspector may refuse to issue a permit to such person, if, in his estimation, such person is not competent to install the electrical work to be done under said permit applied for in accordance with the regulations of this Chapter. 10-3-4: PERMIT REQUIRED; APPLICATION; ISSUANCE: It shall be unlawful for any person, firm or corporation to place or install in any building any wiring, apparatus or fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the City Electrical Inspector a written permit to do such work. Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the wiring system to be followed, if deemed necessary by the Electrical Inspector. Said permit shall ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 3 of6 also state the location by street and number ofthe building where such work is to be done, and shall be valid only for the location stated. Provided, however, that this Section shall not be construed as requiring a permit for ordinary repairs to the old installations where the cost value of fifty dollars ($50.00), but in all cases, the Electrical Inspector must be notified immediately upon the completion of such work for his inspection and approval. Fees for permits and inspections shall be fixed by the City Council. 10-3-5: INSPECTION REQUIREMENTS: A. Notice For Inspection; Tag By Inspector: It shall be the duty of the City Electrical Inspector, or the State Inspector, if the City so chooses, to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (weekends and holidays excluded) after time of notice, in writing by the said person doing the said work, that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing, steam heating, furnace work and gas fittings are also in place. Inspection shall, when necessary, be made two (2) or three (3) times during the progress of the installation; first when said work is roughed in, and last, when work is completed; and it shall be the duty of the City Electrical Inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which state the date and whether rough-in or final inspection has been made, and it shall be unlawful for any workman or other person to lath or otherwise conceal any electrical wiring until such rough-in inspection tag has been placed. B. Issuance Of Certificate Of Inspection: 1. Upon application for inspection of any wiring apparatus, of appliances as hereinafter provided, the City Electrical fuspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require to be made the necessary corrections. C. Disconnect Defective Electrical Wiring, Fixtures: 1. If the said City Electrical fuspector shall find any part of any electric wiring apparatus of fixtures in or on any building in the City to have been installed without a permit or not in accordance with the provisions of this Chapter, or to be dangerous to life or property, the City Electrical Inspector shall have the right and power and it is hereby made his duty to disconnect such defective wiring and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected wiring, apparatus, or fixtures have been put in the condition required by this Chapter, the seal or seals so placed shall be removed by said City Electrical Inspector. It shall be unlawful for any person to use any current, through, or by means of such disconnected wiring, apparatus or fixtures or to attach ELECTlUCAL CODE ORDINANCE ADOPTING NATIONAL ELECTlUCAL CODE 2002 Page 4 of6 other wires for the supply of current to such disconnected wiring, apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The City Electrical Inspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the City Building Department an inspection fee as established by the City Electrical Inspector and approved by the City Council by resolution which inspection fee, or schedule thereof, shall be available at the City Clerk's and Building Department's office during regular business hours. (Ord. 474,4-7-1987) 1 0-3-6: INSTALLATION OF METERS AND OUTSIDE WIRING: A. Accessibility; Prohibited Locations: Meters must be placed in a location, free from vibration and accessible to the meter readers, testers and inspectors at all times. Under no circumstances will meters be installed in bathrooms, bedrooms, clothes closets, over doors, in staitways, attics or places likely to cause the visits to the meters to be an annoyance to the occupants. B. Meters must be installed on the outside of buildings at a height of not less than four and one-half feet (4 !Iz ') or not more than six feet (61) from the ground. In office buildings, apartment buildings, and commercial buildings of multiple occupancy, meters may be mounted inside, providing a readily accessible place is provided for meters and service equipment. Said meters and service equipment shall be kept free and clear of all obstructions. 10-3-7: SPECIFICATIONS OF CIRCUIT WIRING: All buildings hereinafter erected to be used for public purposes such as, but not limited to, churches, stores, halls, school buildings, commercial garages, manufacturing establishments, auto camps, and gas service stations must be wired in conduit, or permissible metallic covered wire. All provisions herein are effective on final passage and approval and not retroactive. 10-3-8: NONLIABILITY OF CITY: This Chapter shall not be construed to relieve from, or lessen the responsibility of, any person owning, operating or installing any electrical wires, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereofbe held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the City Electrical Inspector. (Ord. 433, 5-21- 1984) 10-3-9: VALIDITY: Should any section, paragraph, sentence, clause or phrase ofthis Chapter or of the Code hereby adopted be declared unconstitutional or invalid for any reason or cause, the remainder of said Chapter or Code shall not be affected thereby and the same shall not invalidate or void the remainder of this Chapter or said Code. (2002 Code) ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 5 of6 10-3-10: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor. (2002 Code) 10-3-11: SEVERABILITY: The provisions ofthis chapter shall be deemed severable and a finding by a court oflaw that a provision of this chapter is unlawful shall have no effect on the remaining provisions. 10-3-12: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. 10-3-13: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. 10-3-14: DATE OF EFFECT: This ordinance shall be in full force and effect on August 1, 2003. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20th day of m~ ' 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ?.-O{~ day of mas ' 2003. Attest: JI..:u.-:..A Mayer Rebert D. Corrie 1tuntl1fJ de. Weer c{ Ci:t;j f!ol.l/YLci ( 1Jres/dbyt,i Second Reading: Third Reading: - --- ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 6 of6 I i CITY OF MERIDIAN ORDINANCE NO. 03- }02J5 BY: ){,fA~ th 13 itd AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 2 TITLE 10, PLUMBING CODE OF THE MERIDIAN CITY CODE AND REENACTING CHAPTER 2, TITLE 10 TO INCORPORATE THE 2000 UNIFORM PLUMBING CODE, INCLUDING APPENDICES "A, B, C, D, E, G, H, I, J AND L", WITH EXCEPTIONS TO SECTION 604.2 - NOT ALLOWING THE USE OF TYPE M COPPER PIPE, AND DELETION OR ADDITIONAL LANGUAGE TO SECTION 218, SECTION 420.0, SECTION 604.1, SECTION 609.10, TABLE 6-4 AND TABLE A-2, TABLE 7-3, SECTION 703.1, SECTION 703.2 AND 710.5, SECTION 704.2, TABLE 7-5, SECTION 707.4, SECTIONS 722.2, 722.3, 722.4, 722.5 AND 722.6, SECTION 807.4, SECTION 908, AND SECTION 1002.3; PROVIDING FOR PENALTY, SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 2 of Title 10 Plumbing Code of the Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Chapter 2 of Title 10 Plumbing Code ofthe Meridian City Code) be, and the same is hereby reenacted and shall read as follows: SECTION: 10-2-1: 10-2-2: 10-2-3: 10-2-4: 10-2-5: 10-2-6: 10-2-7: 2000 Uniform Plumbing Code Adopted; Exceptions City and State Licenses Required Permit Required; Application; Issuance Inspection Requirements Nonliability Of City Validity Penalty 10-2-8: 10-2-9: 10-2-10: 10-2-11: Severability Conflict Savings Clause Date of Effect 10-2-1: 2000 UNIFORM PLUMBING CODE ADOPTED; EXCEPTIONS: A. Adoption; Copies On File: There is hereby adopted by the City for the purpose of establishing minimum standards of design, materials and workmanship for all plumbing hereafter installed, altered or repaired, and to establish methods of procedure within the City limits, that certain plumbing code known as the Uniform Plumbing Code, 2000 Edition, including Appendices "A, B, C, D, E, G, H, I, J and L", with exceptions to Section 604.2, not allowing the use of Type M copper pipe, and deletion or additional language to Section 218, Section 420.0, Section 604.1, Section 609.10, Table 6-4 And Table A-2, Table 7-3, Section 703.1, Section 703.2 And 710.5, Section 704.2, Table 7-5, Section 707.4, Sections 722.2, 722.3, 722.4, 722.5 and 722.6, Section 807.4, Section 908, and Section 1002.3, of which not less than one (1) copy has been and now is filed in the office of the City Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Chapter shall take effect, the provisions thereof shall control the installation, alteration or repairing of plumbing within the corporate limits of the City, B. Additions And Deletions: Provided, however, the below stated addition and deletions to the Uniform Plumbing Code, 2000 Edition, are also hereby adopted which addition and deletions, if in conflict with the Unifonn Plumbing Code (UPC), shall overrule said UPC; the addition and deletion are stated as follows: 1. Moving Buildings; Inspection: When a building is moved from one location to another, the service entrance shall be inspected and made to conform to the requirements of the current edition of the Uniform Plumbing Code. 2. Copper Tubing: The Exception under section 604.2 - Use of Copper Tubing, shall have a weight of not less than Type L, and the exception which reads as follows: Exception: Type M copper tubing may be used for water piping when piping is above ground in, or on, a building or underground outside of structures, is hereby deleted from the 2000 Uniform Plumbing Code as it pertains to the City. 3. Section 218: Delete definition of "Plumbing System" and incorporate definition of "Plumbing System" as set forth in Section 54-2604, Idaho Code. 4. Section 420.0: Pressure balance or thermostatic mixing valves are not required for high flow (over eight (8) g.p.m.) tub filler valves with hand shower sets attached. 5. Section 604.1. Materials: Crosslinked Polyethylene (PEX) Tubing manufactured to ASTM - F876/F877 and tested, approved, and listed to ANSI/NSF 14 and 61, for potable water, and Crosslinked Polyethylene, Aluminum Crosslinked Polyethylene (PEX/AL/PEX) along with Polyethylene, Aluminum, Polyethylene (PE/AL/PE) manufactured to ASTM - F1281/F1282 and tested, approved, and listed to the ANSI/NSF 61, for potable water along with all applicable installation standards may be used for hot and cold water distribution systems within a building or cold water distribution systems outside of a building. Listed PE (polyethylene) water service and yard piping may be installed within a building (above ground and below ground) with one (1) joint, provided that only listed and approved metallic transition fittings shall be used. 6. Section 609.10: Water hammer. Does not apply to residential construction. 7. Table 6-4 And Table A-2: Change fixture until loading value for bathtub or combination bath/shower, and clothes washers to two (2) fixture units. 8. Table 7-3: Maximum unit loading and maximum length of drainage and vent piping. (EXCEPTION) The building drain and building sewer is not less than four (4) inches extending from its connection with the city or private sewer system and shall run full size to inside the foundation or building lines (ref: Section 717.0). Change fixture unit loading value for clothes washers, domestic to two (2) fixture units. 9. Section 703.1: Underground Drainage And Vent Piping: No portion of the drainage or vent system installed underground, underground under concrete or below a basement or cellar shall be less than two (2) inches in diameter. 10. Section 703.2 And 710.5: Add Exception. In single family dwellings, one (1) fixture unit may be allowed for each gallon per minute of flow from a pump or a sump ejector. 11. Section 704.2 Double sanitary tees may be used for back to back or side by side fixture trap arms without increasing the barrel size. 12. Table 7-5: Change fixture unit loading value for one and a half(I ~) inch horizontal drainage to two (2) fixture units. 13. Section 707.4 Cleanouts: A full-sized accessible cleanout shall be installed in the vertical immediately above the floor or at the base of each waste or soil stack. A full- size cleanout extending to or above finished grade line shall be installed at the junction of the building drain and the building sewer (ref.: Section 719.1). Cleanouts shall be installed at fifty (50) foot intervals in horizontal drain lines two (2) inches or smaller. 14. Sections 722.2, 722.3, 722.4, 722.5 and 722.6 delete. 15. Section 807.4: A domestic dishwashing machine may be installed without the use of an airgap if the drain hose is looped to the bottom side of the counter top and secured properly. 16. Section 908. Exception - V ertical Wet Venting: A horizontal wet vent may be created provided it is created in a vertical position and all other requirements of Section 908 are met. 17. Section 1002.3: Trap arms may not exceed one hundred eighty (180) degrees of horizontal turn without the use of a cleanout. . 10-2-2: CITY AND STATE LICENSES REQUIRED: A. Licenses: It shall be unlawful for any person to carryon the business of plumbing without first having secured a State license and a City license to do so. B. License Fees: Before any license is issued, the applicant shall pay to the City Building Department a license fee in accordance with the following schedule: Plumbing contractor $40.00 Journeyman plumber 10.00 Apprentice plumber None C. Expiration And Renewal Of Licenses: All licenses shall expire upon and shall be renewed not later than December 31 of each year. 10-2-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit Required: It shall be unlawful for any person to place or install in any building any plumbing apparatus or fixture, or to make any alterations or changes in, or additions to any plumbing apparatus or fixtures for such use, without first obtaining from the City Building Department a written plumbing permit to do such work. B. Contents Of Permit; Submission Of Plan: Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the plumbing system to be followed, if deemed necessary by the Plumbing Inspector. Said permit shall also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated. C. Exception; Inspection And Approval: Provided, however, that this Section shall not be construed as requiring a permit for ordinary repairs to old installations where the cost value of such repairs, including material and labor, does not exceed fifty dollars ($50.00), but in all cases, the Plumbing Inspector must be notified immediately upon the completion of such work for his inspection and approval. D. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the City Council by resolution, 10-2-4: INSPECTION REQUIREMENTS: A. Notice For Inspection; Tag By Inspector: Except as provided in 10-2-4 B (2), it shall be the duty of the City Plumbing Inspector, or the State Inspector if the City so chooses, to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (Sundays and holidays excluded) after time of notice, in writing, by the person doing the said work that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing, steam heating, furnace work and gas fittings are in place. Inspection shall, when necessary, be made two (2) or three (3) times during progress of installation; first when work is roughed in, and last, when work is completed, and it shall be the duty ofthe City Plumbing Inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which shall state the date and whether first or final inspection has been made and it shall be unlawful for any workman or other person to conceal any plumbing pipes until such first inspection tag has been placed. B. Issuance Of Certificate Of Inspection: 1. Upon application for inspection of any plumbing apparatus, or appliances as hereinafter provided, the City Inspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require the necessary corrections be made. 2. Upon the completion of the plumbing in or on any building and prior to being covered up in any fashion, it shall be the duty of the corporation, copartnership, firm or individual doing the same to notify the City Plumbing Inspector, who shall inspect the plumbing within three (3) working days after the notification to him that the plumbing has been completed. If the City Plumbing Inspector does not inspect within three (3) days, the plumbing may be covered; however, the licensee shall still be required to obtain the certificate of inspection. If the plumbing is approved by the City Plumbing Inspector, he shall issue a certificate of proper inspection which shall contain the date of inspection and an outline of the result. It shall be unlawful for any person to turn on or connect the water with such installation until such certificate shall be issued; and it shall be unlawful to make any change, alteration or extension in or to the plumbing of any building after inspection without first notifying said City Plumbing Inspector and procuring a permit therefor. c. Disconnect Defective Plumbing Facilities: 1. If the said City Plumbing Inspector shall find any part of any plumbing apparatus or fixtures in or on any building in the City to have been installed without a permit or not in accordance with the provisions ofthis Chapter or to be dangerous to life or property, the City Plumbing Inspector shall have the right and power and it is hereby made his duty to disconnect such defective plumbing and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected plumbing apparatus or fixtures have been put in the condition required by this Chapter, the seal or seals so placed shall be removed by said City Plumbing Inspector. It shall be unlawful for any person to use any water through, or by means of, such disconnected plumbing apparatus or fixtures or to attach other pipes for the supply of water to such disconnected plumbing apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The City Plumbing Inspector shall have the right to enter any premises at aU reasonable hours for the purpose of inspecting the same. E, Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the City Building Department an inspection fee as established by the City Plumbing Inspector and approved by the City Council by resolution, which inspection fee, or schedule thereof, shall be available at the City Clerk's and Building Departments office during regular business hours. 10-2-5: NONLIABILITY OF CITY: This Chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or installing any plumbing pipes, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereofbe held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the City Plumbing Inspector. 10-2-6: VALIDITY: Should any section, paragraph, sentence, clause or phrase of this Chapter or of the Code hereby adopted be declared unconstitutional or invalid for any reason or cause, the remainder of said Chapter or Code shall not be affected thereby and the same shall not invalidate or void the remainder of this Chapter or said Code. 10-2-7: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor. 10-3-8: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. 10-3-9: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. 10-3-10: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. 10-3-11: DATE OF EFFECT: This ordinance shall be in full force and effect on August 1, 2003. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20th day of VVl.~ ' 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2o-B-\ day of mo...g , 2003. ~~ Mayor Robe#-B-;-Corfle 1&-/111nfj de Ward &"it) Lowned PreS/curti An Ordinance of the City of Meridian By: William G. Berg) Jr.) City Clerk First Reading: 5 -20-03 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: -- Z:\ Work\M\Meridian\Meridian 15360M\2003 Plumbing Code\Plumbing Code,doc ADA COUNTY RECORDER J. DAVID NAVARR( BOISE IDAHO 05123103 12:00 PM '. DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian City AMOUNT .00 30 1111111111111111111I11111111111111111 113313852313 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (RZ-OO-008) The following is a Second Addendum by and between the City of Meridian, a municipal corporation, and Oakwood Enterprises, LLC, by and through its Manager, Heartland Townhomes Property Management, LLC, John A. Laude, Sr., to that certain Development Agreement between the City of Meridian, a municipal corporation and D.D,&F., an Oregon general partnership, dated March 10, 1998, and the First Addendum to the Development Agreement between the City of Meridian, a municipal corporation and D.D.&F., an Oregon general partnership, dated June 5, 2001, which are subsequent to the entering into of the original Development Agreement dated March 10, 1998, and recorded April 6, 1998 in Ada County Recorder's office as Instrument No. 98031450, and the First Addendum to the Development Agreement dated June 5, 2001, and recorded in Ada County Recorder's office as Instrument No. 101060907. The parties hereto agree as follows: RECITALS 1. The Agreement was originally entered into by and between the City and D.D.&F., an Oregon general partnership (D.D.&F.). A copy of the Agreement is attached as Exhibit 1. The Agreement affected development ofthat real property described in Exhibit 1 hereto (Original Property). 2. A First Addendmn to Development Agreement Modifying 2a-e on Page 2 and Addendum to Exhibit "B" (First Addendum) was also executed by the City and D.D.&F. A copy of the Addendum is attached as Exhibit 2. 3. The Agreement required development, by conditional use permit, of 8.05 acres of the Original Property with an assisted living facility and senior housing. Agreement, Paragraph 2.a., p.2. The Addendum provided for revocation of the conditional use permit and the development of 5.17 of the 8.05 acres with a residential subdivision, leaving 2.88 acres zoned Office-Light (LO). Addendum Paragraph 2.2, p.l. The City revoked the conditional use permit and D.D.&F. proceeded to develop the 5.17 acre parcel with a residential subdivision. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRlSES, LLC - CHERRY LANE PROJECT MI~03-005 PAGE 1 OF 7 4. Oakwood is the successor in interest to the 2.88 acres zoned LO. A copy of the deeds showing the chain of title is attached as Exhibit 3 (Oakwood Property). 5. The City and Oakwood desire to clarify the conditions of the Agreement and Addendum as they pertain to the development of the Oakwood Property. NOW THEREFORE, the parties hereby agree as follows: 1. All other terms of the Agreement and Addendum notwithstanding, the Oakwood Property shall be known and considered to be LO and subject to the conditions and requirements of that zone. 2. Oakwood agrees to develop the Oakwood Property subject to all conditions and all current ordinances pertaining to development of property zoned LO. 3, The following paragraphs of the Agreement shall be deemed to not pertain to the Oakwood Property, and said following paragraphs are hereby deleted from the Agreement: Paragraphs 2.a., 2.b., 2.c., 2.e. and 3 are deleted. 2.a. De'lelop and eonstruct an assisted li~:ing facility and scnlor housing on 8.05 acres of the property. 2.b. Submit to tho CITY application for conditional use. . . 2.c. Develop and construct single family residential units and dedicate park land. . . 2.e. Construct only single family houses and restrict to 1,400 sq. ft. of floor space. . . 3. Property to be zoned R 4 ,....ith lot sizes at least 8,000 sq. ftu . . From the Exhibit "B", Paragraph 17 shall be retained and not deleted from the Agreement, and the applicant shall be required to comply as follows: 17. Developer shall construct and install a PI system, not including a separate pump system., utilizing surface irrigation water, and any proposal for a supplementary connection from the CITY's water system will be reviewed closely by the CITY. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT MI-03-005 PAGE20F7 ( From the Exhibit "B", Paragraphs 20, 21, 22 and 26, as shown below, are hereby deleted. 20. De'/eloper shall pro'/ide minimum :the foot ':lide side-':rolk between the 12' fire lane on tho oast side of the proj ect to the meandering side\vallc sho':m to the south. 21. Developer shall dedicate a 4.6 aoro pRblio park. . . 22. Da'/eloper shall construct full street section 0f Chateau Drive. . . From the Exhibit "B", Paragraph 26, as shown before, the applicant shall comply as noted after paragraph 26 as follows: 26. Developer shall meet all representations made by applicant during the public hearing process. . . (Staff agrees to strike only those representations that pertain to property not owned by Oakwood Enterprises~ LLC. Any representations that apply to the Oakwood Property and are applicable to an L-O project remain in effect.) The following paragraphs ofthe First Addendum Amendments shall be deemed to not pertain to the Oakwood Property, and said following paragraph are hereby deleted from the Agreement: 2. (pg. 1) Conditions pertaining to the development of De"/lin Place N{). 2. 1.3 The oxisting CUP must be revoked and permit holder (D.D. & F.) to be notified. . . 1.9 1.12 These four conditions pertain to ACHD's conditions f{)r roadways internal to DO:'11in Subdivision. The following from the Pirst Addendum Amendments, Paragraph 1.4 shall be retained and not deleted from the Pirst Addendum Amendments, and the applicant shall be required to comply as follows: 1.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT MI-03-005 PAGE 3 OF 7 Additionally, the applicant shall be required to comply with the below Recommendations as follows: B. Adopt the Recommendations of Settlers' hrigation District as follows: 1. The District requires Settlers Canal and easement to be protected near the southern boundary of the 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 ifthe pavement is less than five years old. 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. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT MI-03-005 PAGE 4 OF 7 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' apart. 1997 UFC Appendix III-A 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. The roadways shall be built to Ada County Highway Standards and have a back-to-back measurement of36'. UFC 902.2.1 11. All radii shall be 28' inside and 48' outside radius. 4. It is agreed between the City and Oakwood that the development ofthe Cherry Lane Project shall be fully incorporated into the original development agreement with Oakwood Enterprises, LLC, and shall include 2.88 acres with an LO zoning. Additionally, the conditions and requirements within the original Development Agreement and the First Addendmn, except as herein addressed above, shall be incorporated herein as if set forth in full and shall apply to the Cherry Lane Project. 5. Any notices to be given pursuant to the terms ofthe Development Agreement, First Addendmn or this Second Addendmn pertaining to the Oakwood property shall be sent to: Oakwood Enterprises, LLC 114 E. Idaho, Ste. 230 Meridian, Idaho 83642 City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT MI-03-00S PAGES OF7 6. Except as modified by this Second Addendum, the Development Agreement and the First Addendum between the parties, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this 13ft..., day of /JL tl q.... {f , 2003. Attest: CITY OF MERIDIAN . Jl1, ~ d tL UI UuJf../ C;~ C,p~c/ 7 ,tJreJ/1t!e/Vt By: William G. Berg, Jr., City /1)Jpr-oved 6, C/f; Ct7t01-~ ~-13-{}.3 OAKWOQ'D ENTERPRISES, L.L.c. By: Bear: land Townhomes Property Man e ent" LLC SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT MI-03-005 PAGE 6 OF 7 STATE OF IDAHO, ) : ss: County of Ada, ) On this ~ day of m~ ' 2003, before me, the Notary Public in and for said State ofIdaho, personally appeared . and William G. Berg, Jr., known or identified to me to be the~and City Clerk, respectively, of the City of Meridian, who executed the ins ent or the persons that executed the instrument on behalf of said City, and acknowl dged to me that such City executed the same. . t!i~ ('Q,Ulc.;/ jJr-ultleA-f;' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .....11. .. N SA!:. ... /~~:i~~~+. 4> '~' 0 ~"'l'( ",,,,vA'.. '" 1 ~ ~~. 00:) 1 \ CI .. : \ Ii .. I I III . , I III ~ \ J : 0.\ C"O. . .n.... br_;\!~' .'" . V~~'-:. u.tn...I..... + .(";.t~--_.....o + ."'1...uOF ~.+ ............ 3hoXWlS~~ (SEAL) Notary Public for Idaho Residing at: AdOl C&~ rJcla.Jw Commission Expires: i r 2- -Ot:) STATE OF IDAHO, ) : ss: County of Ada, ) . Sf- 1/1^ On this I day of [ r \0... y , 2003, before me, the undersigned, a Notary Public in and for said State ofIdaho, personally appeared John A. Laude, Sr., known or identified to me to be the Managing Member of Heartland Townhomes Property Management, LLC Manager of Oakwood Enterprises, LLC, who executed the instrument or the person that executed the instrument on behalf of Heartland Townhomes Property Management, LLC Manager of Oakwood Enterprises, LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal thr.Ui\Y. and year first above written. "", ff, ~......", \. BLLl$ ""'; !l." O~ ........ #; , 'V ... ..." I (~AT..:!A~~. .....\ . ...;..crv ... . : : -.;;- .. . . ,. ,.. :. '-' ~ ic: ~ PU'&~\ 0 ':.. .. Aa: --.. ~ .... ~~ ...... jo J ""f.of 1'8 Of W f'".......,.' kMz ~' Notary Public for Idaho ~ Residing at: N~a. --L6. Commission Expires: D 1- D;).. ~() 'I , Z:\ Work\M\Meridian\Meridian 15360M\Cheny Lane Project Ml 03 005\SECOND AMENDMENT TO DEVELOPMENT AGREEMENT.doc SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT MI-03-005 PAGE 7 OF 7 1993 A? -6 PH I: 05 ~~~UKutU.KtUU~-' ~I Uf ~~ - FE~OEPUTY ,9 8 0 3 I 4 5 0 ~ l} ~ t , V W~,^I :-'- ADA COUNTY RECORDER Ci~.. J. DAVID NAVARRO :J BOISE. IDAHO DEVELOPMENT AGREEMENT TIllS AGREEMENT, made and entered into this 10th day of March , 1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, party of the first part, hereinafter called the lteITY", and D.O. & F.. an Oregon general partnership, party of the second p~ hereinafter called the ttpEVELOPER", wbo~ address is 501 SE Columbia Shores Boulevard, Suite 300, Vancouver, Washington 98661. WITNESSETII: WHEREAS, DEVELOPER i.s the sole owner, in law andlor equity, of a certain tract of land in the County of Ada, State ofIdaho, described in Exhibit II A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code. 67-6511A. Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and . WHEREAS, the CITY bas passed Ordinance 11-2-417 D, which authorizes development agreements upon the-rezoning of land; and WHEREAS, the DEVELOPER has submitted an application zoning oftbat certain property described in Exhibit It A", and of the 24.88 acres total, has requested zoning ofL-O for 8.05 acres, with the rest of 16.83 acres to remain zoned R-4; and WHEREAS, tbe DEVELOPER has consented to the submittal of preliminary and final plat applications for 12.23 acres of the parcel for development as a single-family residential subdivision to be known as Devlin Place Subdivision which has been approved with conditions outlined by City staff and various agencies, as approved by the City Council on March 3, 1998; and WHEREAS, the DEVELOPER made some representations at public hearings before the Meridian Planning and Zoning Commission and Meridian City Council as to how the land would be developed and what impro1/ements would be made; and wHEREAS, the CI'IY has authority t~ place conditions and restrictions upon annexation or rezoning of property; and . 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 1 , t }c ~ bc'i Ilf' l of II WHEREAS~ the DEVELOPER, as sole owner of said land, has requested a Conditional Use Pennit for the development of a <<-unit assisted living facility, with 16 units of Alzheimer's care; ten garden apartments; a two~story, 106~suite retirement complex; and a citY park. DEVELOPER has submitted to the CITY site plans as to how the property might be ,platted, landscaped, benned, lighted, access provided, and 'elevations. . WHEREAS, the Fmdings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and . WHEREAS, the said City Council in the Fmdings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS,"FOLLOWS: DEVELOPER agrees, and hereby. binds its heirs, successors and assigns to this agreement, in consideration for the 3IUlexatio~ rezon~ or the non..de-annexation of the area. as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in fu14 and the tenns of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land,descnoed in Exhibit" A": a. Develop and construct an assisted living facility and senior housing on 8.05 acres of the property. " b. ~ Submit to the CITY applications for conditional use, and obtain the CITY's approval thereot: prior to, and as a condition ot: the commencement of construction of any building( s) or improvements on the property, intended for senior housing or other uses. c. Develop and construct single-family residential units on 12.23 acres of the property and dedicate 4.6 acres ofland for a City park on the Subject Property as presented to the CITY. d. Submit a subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorders office prior ta any development. " e. The DEVELOPER or its successor shall only construct single-fiunily houses on the 12.23 acres ofland, and ail such single-family houses shall have at least one thousand four hundred (YOO) square feet of floor space, exclusive of garages, and there shall 'be no change to increase the ~ber ofIats or decrease the size oflots as 3/6/98 PRESTIGE CARElDEVLlN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 2 u\vC\ri-c iii-I! 2- of t l ( "'. . shown on the approved final plat, which is incorporated herein as if set forth in full herein. . 3. That the property zoned R-4 shall have lot sizes of at least eight thousand (8.000) square feet, which is the size represented at the City hearings, 'and shall meet all of the requirements of the R-4 zone and allow no duplex units, towDllouses, or patio homes to be constructed on said property. 4. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of Improvement Plans "Improvement Plans" showing all streets, entry drives entering the property from a public right-of-way, utilities. pressurized irrigation facilities, tiling and piping of ditches, fire hydrants, sewer, water. drainage. street and other similar signing and barricades, and other such improvements contemplated within the development, which Plans and aU improvements shown thereon shall meet the approval of the City E~gineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. It is agreed that the improvements to be constructed and installed by successor owners which are located wholly within the boundaries of the lot (hereafter "On-Site Improvementsll) are subject to the terms of this Development Agreement, and shall be subject to approval by the CITY in the normal course of the CITY's issuance of a conditional use or other permit and building permit for the construction of a building on such separate lot, with the ClTY's remedy for failure to construct or install such On-Site Improvements being as provided in the Ordinances of the CJ:rY or the denial of a Certificate of Occupancy with respect to the building constructed on said lot. The f8ilure of the owner of a lot within the property to cOnstmct or ii1staU the On-Site Improvements on said lot shall not affect or iDterfere with the issuance of a building permit or a Certificate of Occupancy with respect to any other lot within the property, provided the owner thereof is in compliance with the tenns and conditions of the approvals granted for that lot by the CITY 3D:dlor the plans approved by the CITY . for the building constructed thereon. S. That DEVELOPER ~ at its own expense, construct and install aU sanitary sewers, storm drains, utilities, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, tiling and piping of inigation ditches, electrical transmission lin~ natural gas lines, telephone lines, cross drains, streets, street surfacing, street signs. and barricades as well as any and all other improvements shown on the Improvement Plans as reviewed and approved by the CITY. . 6. That DEVELOPER will construct and install all such improvements in strict accordance with a filed and approved plat and Improvement Plans, and the City Stancia.ra Eitgineering Drawings and Standard Engineering SpecificatioJS current and in effect at the time the conm:uction of said improvements is accomplished. 3/6/98 PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 3 t 0- yu~~-L If 111 3 of t ~ 7. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agreeS to make such modifications andlor construct any temporary facilities necessitated by such phased Construction. work as shall be required and 'approved by the City &~~. . 8. That DEVELOPER. will have "colTeCted" original drawings of the Improvement Plans of aU said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actUal constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement ?Ians shall include a',i'Certificationl' thereon, signed by the Registered Professional Engineer in charge of the wo~ that said Plans of the various improvements are true and correct. 9. That DEVELOPER will, immediately upoJl the completion of any such constructed portion, portions., or the entirety of said developme~ notify the City Engineer and request his inspection and written "acceptance of such completed improvements or portion thereof. 10. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable tim~ constnIct said needed improvements, or, if he does -not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construi:!t, and does constmct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of suCh construction, in such manner and under such terms as the CITY shall order, after conference with the DEVELOPER or attempted conference after notice to DEVELOPER. Provided, however~ the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEvm..OPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 11. That DEVELOPER agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates ofOccupanr:ywithin such area and/or shall have the right to withhold the providing of culinary wsw service to any part, parcel, or portion of such annexed aiea until such .tir,le as all requirementS specified herein have been complied 'with; provided, however~ the DEVELOPER shall have th~ right to appear before the City Council at 3/6/98 PRESTIGE CARFJDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 4 t t(fu~~t 1/1 q ---- '1 of II ( \ '<.-.- any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should" be issued or water service allowed. The Council shall then decide whether said Ceitifi~ate of Occupancy shall be issued or water service"to said property allowed; and its decision shall be final, except that the rights of the parties are preserved at law and equity. 12. That DEVELOPER agrees that as security for the constIUction by the DEVELOPER of the Project Improvements, the GITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9..(j06 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building pennit with respect to any lot within the property until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, irrigation and drainage piping, pressuriz~ irrigation system, ~andscaping and benning, and fencing. 13. That DEVELOPER agrees that no Cer:tificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed. completed, and accepted by the CITY. 14. That DEVELOPER agrees, in recogriition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit ''B II attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any constn1ctiOD, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 15. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: City Attorney City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: D.D. & F. clo Brad Zuke 501 SE Columbia Shores Blvd.. Suite 300 Vancouver~ WA 98661 A party shall have tbe right to change its address bY. delivering to the other party a written notification thereofin accordance with the requirements oftbis Section The pmies may at any time hereafter modifY or amend this Agreement by a subsequent written agreement executed by the parti~. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the 3/6/98 PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 5 E tvub~t It iI' 5 of l ~ (~ partfes hereto. Nothing herein in intendecL nor shall it be construed, as obligating a party to agree to any modification to this Agreement. 16. That DEVELOPER agrees to pay all recording fees ne(iessary to record this Agreement with the Ada County Recorders office. 17. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shallbe binding upon DEVELOPER's heirs, successors or assigns. 18. This Agreement shall become vaJid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 19, That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de--annexation' if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this I;>evelopment Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: D.D.&F. (SEAL) CITY OF :MERIDIAN (SEAL) 3/6/98 PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOP:MENT AGREEMENT Page 6 E xJ-u.kx'-t '~ <( LP O-P I ( C STATE OF tJ~~ ) County of ~ ~ ) ~. 55. On this;lL day of ~-<:.tL.' . 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Philip G. Fogg , known, or proved to me, to be the Managing General Partner ofD.D. & F., an Oregon general partnership, whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. /. .~--. ~:w;tTNE'gS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yearui't'iiis certffi~ate first above written. ...,"l..UUOIUJ.... " \\ c;, .." 1,_ - . - - . . "..... -\. \...., '.;)1./. ......... ... ,,\ .... ......_110... v....... . ...~....I'\ ..a.... ^ :... d:" ~ "'-. .'" '/~. "- "6/-,,;-,4._.1 -:::. ..... .: ~y.~~.,)..o ~!.. i .;;.~..i> ~ ~... " fl: ~.. S .0 ...'"it ~H~ .. :~l C:..I -.; ~.It;' :; , , q:~. r .f. ~: ~ . ~ d~~..~ ~_::.,~ ..,. ":: :.:'~ '. .:.--:.f~AL) d'} '. . '-' ~ ..... ." 1.; ..... ...- ~....' ..' '...~ to G': .....~.. '*....~ ........'. '''" . ,......,..~t , I'" \\\ "IJ/ .. ') ...' ,1.,,/1 .' Itt,-J""tliP' -:-' , . ~--~fl i: .~~ NotaryPubliC~~' Residing at: My Con$'1ission Expires: /- 'C" ~ I . ....:~~ -.;;,.. , .I.~...,. STATE OF IDAHO ) 55. County of Ada ) On this ~ day of -fltx ~e.. , 199&, before J11e, the lDIdersigned, a Notary Public in and for said State, personally appeired ROBERT D. CORRIE and Wfi..,LIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. "..'1111...., ,,,,, L I.,. ~,.' (j~L . 9J. ~#" ~<t ~ .........~~4P ~ .: "t".- '\ I (~~T~~ \ - : - =*. -~.- *= - . . \. \. ,})UBt..\e i '\ <P,.... WO ~ "... r~ .... .....v "",,. 'J'/J OF tpJ" ~'<< 1',......... ~ )Cd.. . 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDMSION DEVELOP:MENT AGREEMENT Page 7 k xJ'u V)~t ;~ l, 1 of It ( EXHIBIT A The land referred to in this Development Agreement is described as follows: .. . . . BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE SOUTHWEST QUARTER OF secnoN 2. TOWNSHIP 3 NORTH. RANGE 1 WEST OF THE BOiSe MERIDIAN, ADA COUNTY,IDAHO. WHICH POINT IS TIiE REAL POINT OF BEGINNING; THENCe NORni 0 DEGREE 55' WEST 2659.7 FEET ALONG THE WESTERN BOUNDARY TO SAID EAST 1/2 OFll-IE SOUTHWEST QUARTER OF SAID secnoN 2. TO A POINT ON THE NORTHERN BOUNDARY OF SAID SOLmiWEST QUARTER OF SAID SECTION 2; . THENCE NORTH 89 OEGREES 39' EAST 414.73 FEET ALONG SAID NORTHERN aOUNDAAYTO A POINT; THENCe SOUTH 0 DEGREE 55' CAST 2662.2 FEET ALONG A UNE PARALLEL TO SArD WESTERN BOUNOARY OF SAJD EAST 1/2 OF11iE SOUTHWEST QUARTER OF SAID seCTION 2. TO A POINT ON . THE SOUTHERN eOUNOARY OF SAID EAST 1/2 OF niE SOuniWEST QUARTER OF SAID secnoN 2; 11iENCEWESTERLY 414.73 FEET ALONG SAID SOUTHERN BOUNDARY OF SAID EAST 1/2 O~THe sounmesr QUARTER OF SAID SECTION '- TO niE REAL POINT OF BEGINNING. exCEPTTHE SOUTH . 25 FEErTHEREOF. . AND EXCEPT'lNG THAT PORnON. OEEDeo TO THEAOA COUNTY HIGHWAY DISTRICT. BY OEED. RECORDED FEBRUARY 14. 1994 AS INSTRUMENT NO: 94013S26. ,.' END OF LEGAL DESCRlPTlON ." E x: Vt,~ ~~t fl1 II 'l of tl << ~,~ EXHIBIT liB" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN TIIE CITY OF MERIDIAN, IDAHO AND D.D.&F. The DEVELOPER shall comply with the following conditions, including, but not limited: 1. Any existing inigationldrainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M, and plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinanc~ Section 5-7-517; 3. A detennination of the seasonal high groundwater elevation shall be made, and a profile of the subsurfuce soil conditions as prepared by a soil scientist shall be submitted with the development plans; 4. Fire access and hydrant locations in accordance with the City of Meridian IS Water Superintendent and Meridian Fire Department policies shall be coordinated and locations shall be depicted on development plans; 5. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; , 6. Signage shall meet the requirements of the Unifonn Sign CoeJe and Meridian City Ordinance and is subject to review and approval of the Planning & Zoning Department prior to obtaining a sign permit~ 7. Screened trash enclosures will be provided in accordance with City Ordinance, with dumpsters at locations to not impede firefighters' access coordinated with the City's solid waste contractor, Sanitary Services, Inc.; 8. All driveway and parking areas shall be paved, "With all driveway accesses from public streets approved. by the Ada County Highway District and all other driveways approved by the City; 9. A drainage plan designed by a State of Idaho licensed architect or engineer shall be submitted to the. City Engineer (Ord. 557, 10-1-91) for all off-street parking,areas, with all site drainage contained and disposer ~f on-site; 316/98 PRESTIGE CARElDEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 9 E K- VU l0-~.t 111-11 C\ of II 10. Filling of the site shall be completec:L ifneeded, to meet the City's minimum design criteria for sewer line construction; 11. Approval of this development is contingent upon the CITY's ability to accept the additional sanitary sewage generated based upon the current evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; 12. The designer of the development shall coordinate water and sewer main and line sizing and routing with the Meridian Public Works Department; 13. If the DEVELOPER desires the CITY to own and maintain the sewer mains, sanitary sewer easements shall be dedicated to the CITY; 14. The DEVELOPER shall install the water mains and fire hydrants and then dedicate to the CITY for ownership and ~enance, with easements dedicated to the CITY; 15. The DEVELOPER shall provide p~g lot lighting plans to the Meridian Public Works Department and design illumination to not cause glare or adversely impact neighboring residential'properties, as determined by th~ CITY; 16.. The DEVELOPER shall provide landscapin~ with underground sprinkling and a minimum of one (1) three-inch (3n) caliper tree per 1,500 square feet of asphalt and a minimum 35-foot landscape setback on Cherry Lane, to meet the requirements ofOrWnance Section 11-2-414.J?2 and requirements of approved conditional use pennit; 17. DEVELOPER shall construct and install a pressurized irrigation system utilizing surface irrigation water, and any proposal for a supplementary connection from the CITY's water system will be reviewed closely by the CITY; 18. For each phase of the development, DEVELOPER shall:install six-foot-high, permanent perimeter fencing prior to obtaining building permits unless this requirement is specifically waived in writing by the City. 19. DEVELOPER. shall incorporate special design features to ~e privacy of adjacent residential areas; 20. DEVELOPER shall provide minimum five-foot-wide sidewalk between the 12' fire lane on the east side of the project to the meandering sidewalk shown to the south. 21. DEVELOPER shall dedicate a 4.6-acre public park site at the northern end of the entire parcel prior to obtaining building permits; 22. DEVELOPER shall construct full street section of Chateau Drive to complete the connection from Ten Mile Ruad; 3/6/98 PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENTpage 10 f XJu~~t 1'1 II - \ D of II , , . (" 23. DEVELOPER shall construct curbs, gutters, sidewalks and streets to and within the property; 24. DEVELOPER shall pay any deve1opment~ latecomer, impact pc transfer fees adopted by the CITY; 25. DEVELOPER shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY, including, but not limited to, the Uniform Building Code, Uniform Fire Code, Unifonn Plumbing Code, and FIre and Life Safety Codes; 26. DEVELOPER shall meet all representations made by the applicant during the public hearing process; and 27. DEVELOPER shall comply with the commen~, recommendations and requirements of all City departments, Ada Couirty Highway District, Ada Planning Association, Central District Health Department, Nampa-Meridiali. Irrigation District, and Settler's Irrigation District. . W~ PRESTIGE CARE/DEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENTpage 11 E Kh;.~'t :L' 1 t 0+ U - . -. " (- Il\U1\J~r~, If" - .REcmmEU';REOU~;' jf . ~A'CDOUNT\.,_';OROER Q-. ~ UD1.....' . hi J. AVID NAVARRO 'oJ '. BQlSE.IO,\H:J \~r;p;. FEE EP ~ .2001 JH 2 f PM f: 38 J 0 f 060907 This sheet has been added to document to accommodate recording information. . , · First Addendum to Development AgTHment Modifying 2 a-e on Page 2 and Addendum to Exhibit B 6-5-01 D. D. .& F. an Oregon general partnership to Dan Wood / D. ~, Inc. (Devlin Place No.2) . c-/C~~-t "~i1 I 0+ lO ":",. , ,:.-"..,' r:~ ~,_ .~_lr-( . (' "'i, ,--' t,_" .1 FIRSr ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHmrr -B- The following is an addendum to that certain Development Agreement between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, and D.D.&F., an Oregon general partnersbip, party of the second part. DAN WOODjD.W., INC., as assignee, has purchased property from D.D.&F., an Oregon general partnersbip, which property contains 5.17 acres and is described in Exhibit I[; A" attached hereto. DAN WOODjD.W., INC. agrees to be bound by the terms of the original Development Agreement, except as specifically modified at 2 a-e on page 2 to reflect the change of land uses, and specifically adding additional conditions to Exhibit "B" therein attached by this FIrSt Addendum to Development Agreement hereto. 2. That DEVELOPE~ in accordance with its representations before the CrIY, shall, on the land described in Exhibit "A-: 1. Develop and construct a single family residential development on 5.17 acres of the property. 2. There is an existing Conditional Use Permit which must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. Council must notify the permit holder (D.D.&F.) of their intention to revoke the permit and provide D.D.&F. with the opportunity to contest the revocation. If D.D.& F. contests the revocation, a public hearing must be held. If D.D.&F. has no objection, Council would direct the City Attorney to prepare findings of fact and ~onc1usions of law to revoke the Conditional Use Permit. 3. Develop and construct single family residential development on 5.17 acres of the property. 4. Developer submitted a subdivision plat application, which is Case No. RZ-oo-oo8, and which plat will need to be approved by the City and recorded in the Ada County Recorders office prior to any development. 5. The Developer or its successor shall only construct single family FIRsr ADDENDUM TO DEVELOPMENT AGREEMENT MODIl4YING 2 a-e ON PAGE 2 AND ADDENDUM TO.EXHIBIT -B- Page 1 of7 ~x-hi\tkt ;[2" L of ~o -; ( C"1"":. houses on the 5.17 acres ofland, and such single family houses shall have at least one thousand four hundred (1,400) square feet offioor space, exclusive of garages, and there shall be no change to increase the number oflots or decrease the size oflots as shown on the approved final plat, which is incorporated herein as if set forth in full herein. ADDENDUM TO EXHffiIT liB- DEVELOPMENT AGREEMENT Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 1.2 The existing DevelopmentAgreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a"e, page 2, must be modified to reflect the change ofland uses. 1.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opporbmity to contest the revocation. IfD.D. & F. contests the revocation, a public hearing must be held. IfD.D. & F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 14 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confinnation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.5 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FIRSr ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBIT -B" Page 2 of 7 c?Ghi~ 1: II l" 3 of \0 (~ .' ..;;:-. . ,.~ 1.6 Provide five-foot-wide sidewalks in accordance with City Ordinance. 1.7 AIl construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 1.8 Street name signs and roads shall be installed before building is started. Adopt the Recommendations of the Ada County Highway District as follows: 1.9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 1.10 Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29-foot street section as proposed, within 42-feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by PIanning and Development staff. 1.11 Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the :final plat. 1.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36-foot street sections with curb, gutter, and s-foot wide concrete sidewalks within 50-feet of right-af-way. 1.13 Construct the turnaround to provide a minimum turning radius of 4s-feet 1.14 Utility streets 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. 1.15 A request for modification, variance or waiver of any requirement FIRSr ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBIT lOB" Page 3 of 7 t~~~i '12'1 L{ of 10 J' . , ~~. . l or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. 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 written request shall be submitted to the Dis1rict no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 1.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $uo.oo. 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. If the 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. 1.17" Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 1.18 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. 1.19 The applicant shall submit revised plans for staff approval, prior to FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 4 of7 ExJvJ~t 11211 to of lO "'-'-"". .1 :. ,,' ( ~. \. issuance of building permit (or other required permits), which incorporates any required design changes. 1.20 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. 1.21 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. 1.22 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. 1.23 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 regulatOlyand 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 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 11.24 The Nampa & Meridian Irrigation Districfs Rutledge Lateral courses along the south and west boundaries of the above- mentioned proposed project. The easement of the Rutledge Lateral must be protected. IT IS SO AGREED. 4: .Dated and Signed this fl.h day of {)J!Y::Y. , 2001. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B- Page 5 of 7 Cx~~t l{ 2.-1I u of \0 t'" r-, CITY OF MERIDIAN A'ITEST: BY: William G. Berg, Jr., City B~~ .......... Dan Wood, President. Attest: vIliL M..nC Secreahy, STATE OF IDAHO, ) County of Ada : 88. ) On this 3 J day of M.GW .2001, before me, the undersi~ed, a Notary Public in and for said State, personally appeared Dan Wood and Pi tie. Woo d known or proved to me, to be the President and Secretary of D.W., INC., an Idaho corporation, whose names are FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBIT-B- Page 6 of7 Lf\-\rU~t l\ 2-" l of to (:'. 0. subscribed to the within instrument, and acknowledged to me that said corporation executed the same. '. ' ";:-~:il <: l!l'i yvITNESS WHEREOF, I have hereunto set my hand and affixed my official ~~.~~iltp~'~~..~d,y:ear in this certificate first above written. " ...,~ )..............l....' '. ;' ":.--. .. _.~~:-- t..",\ -.. . ~ ~ ./ ;.4.l ~ *'7 ~:q ,,. ....1-(' '. "",:,. .. '.~ : .:' lS'Dll T \ : ~ p : :: "r. ~J.: - .'.: y ." ';" \~.-. . '. .,c .: ("'! :;., ".:~ ..;. ..,. .. o....JC ., .:...... :-... .! .~'~. .:;. ;ot' .... ..- ..... ",' ~~ ~~ ~> ......... .... ......... ," ~" ( . :~~;:,;~..,:/.;:.~:l'~.:........... . "." . . i.~at:.~:~...' -'~~' : ; ~(~ .. Notary Public for Idaho Residing Expires: I ~ -I-I) I My Commission STATE OF IDAHO, ) : ss. County of Ada ) On this fj.J!!. daYof~ ,2001, before me, the undersigned, a Notary Public in and or said State, personally appeared Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Cler~ respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day ~~..t:?XI~~.~rtificate first above written. .. ~/.. 0 TA ,:.... .. ' :4t!~ -~A\.~ (SEAL) :;;{ * * * ) : · I I . . \ , . ... ~..ftJm.\~~,'i .: .. :;f,;;:.--_...... .. ..:'~OF1P .- .......... '^- at:_M,t7Md.-L~ t fL) Expires: q....db-Op l' Notary Public for I Residing My Commission FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBIT-B- Page7of1 C K-h; hZ t 1[ 211 ~ ot \0 f"i . ~, (.r":. ',- ~. "_0. ..,-. \ \NPl\...NTS4o_PDC\SERVERJ\Work\M\Meri.dian\Meridian 15360M\Devlin PIaee:l RZoo8 PP02s\AddendumDevAgmtdoc EXHmrr "A" A parcel of land being a portion of the Southwest 1/4 of Section 2, T.3N., R.IW., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Southwest comer of Section 2, T.3N., R.1W., B.M., Ada County, Idaho; thence South 88038'31" Eas4 1,326.75 feet along the Southerly boundaIy of said Section 2 to a 5/8" iron p~ l;Ila1"king the West 1/16th comer of said Section 2; thence leaving said Southerly boundary North 0001124" East, 344.01 feet along the West 1/16th line and also being an extension of the Easterly boundary of Sunburst Subdivision NO.2 as tiled in Book 60 at page 5894 of Plats, Records of Ada County, the REAL POINT OF BEGINNING; thence continuing along said 1/16th line and Easterly boundary North 0001124" East, 543.00 feet to a 5/8" iron pin marking tl\e Southwest comer of Devlin Place Subdivision as filed in Book 77 at page 8079, Records of Ada County, Idaho; _ thence leaving said 1/16th line and Easterly boundary South 89042'36" East, 414.65 feet along the Southerly boundary of said Devlin Place Subdivision to a 5/8" iron pin marking the Southeast comer of said subdivision, said pin also being on the Westerly boundary of Sunny brook Farms NO.1 as filed in Book 44 at page 3609, Records of Ada County; thence leaving said Southerly boundary South ooO~124" West, 543.00 feet along said Westerly boundaIy to a point; thence leaving said Westerly boundary North 89042'36" West, 414.66 feet to the REAL POINT OF BEGINNING. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBIT liB" Page 8 of 7 lKVtAlrYt~ q 2- q L>t of to " . I- f7.. . .' ~....- .. ,~,I ' '<"~J Said' parcel contains 5.17 acresJ more or less. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBIT -Bit Page 9 of7 [x.h.,L~t q 2\\ ..\0 of 10 , . . .2 If/flY"> /~.' \\'~'\"', . ..- . "'. -. \ '. ) .~ " , . (> RECORDED~R U ST Of ADA COUNTY RECOROEtI J Il!IVIQ I~A.,YAllrW \O,,'C:E.R I A _ r"'l~~.l[':,r"'1 p \"j;;. FEE~O ___. 2D02SP30 P1'l y: 1,3 102//2882 II A Piorn:cr CompAny PIONEER TITLE COMPANY OF ADA COUNTY 815 [ W. Rifleman Ave. I Boise, Idaho 83704 (208) 377-2700 WARRANTY DEED For Value Received David E. Leader, a married person and Herb C. Huskinson, a malTied person hereinafier referred to as Grantor, does hereby gran!, bargain, sell, warrant and convey unto Oakwood Enterprises, LLC hereinafier referred to as Grantee, whose current address is 416 E. I st St., Meridian, ID 83642 the following described premises, to-wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs aud assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current yeats taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same ITom all claims whatsoever. Dated: September 27,2002 ~c;zJ~ Herb C. Huskinson ~~ I. .c--", ,.__ '.-.. Vi~ STATE OF Idaho, County of Ada, ss, On thi;cblh day of September, in tbe year of2002, before me the undersigned, notary public personally appeared David E. Leader and Herb C. Huskinson known or identified to me to be the person/persons whose name is/are subscribed 10 the within instrument, and acknowledged to me that helshe/they executed the same. """"""",; ...... '{ OEN *"" ...... _""--1'-- ........ *' ~~ ..... "'~ ,- . tI; .. ..,j....~ : __P . 4..""'" . 0 ~ . 'I'" ".,::- :.:.ll t..'t',~, S . W' 0 . ~, ! -< iiI : 0::1 I "'"lIt ;.0: ~ ....." z ~0:1 t ~ : \.~;.... ~ .","8'..1 ~iI': 0" ......... r{-t. !it.# .... It S't " ....... ",111"'1"-..11''''' Gj>e&tt~~rdL- Desiree A. Mayden () Notary Public ofIdabo Residing at Nampa Commission ellpil'Cs: Marcb 9, 2006 Eu;b~~ "3" I o.(? ~ ( EXHIBIT. < All that certain real property situated ill Section 2, Towllship 3 North, Range I West, Boise Meridian, Ada County, Idaho, described as follows: A portion ofthe West half oHlle East half of the Southwest Quarter, being a portion of Parcel I of record of Survey No. 3916, filed as InsllUment No. 91041432, dated June 16, 1991, of Ada County Records further described as follows: Commencing at a found brass cap monument marking the Southwest comer of Section 2 from which a found brass cap monument marking the quarter corner of Sections 2 and 11, bears South 88 degrees 38'31" East, 2,653.49 feet; thence South 88 degrees 38'31" East, 1,326.15 feet to a set 5/8 inch iron pin with cap stamped "G.A. Lee, PElLS 3260" marking the West 1116 corner and the Southeast comer of SUllburst Subdivision No.2 a filed in Book 60 of Plats at Page 5894, Ada County, records; thence along the West 1116 line and East boundary line of said SUllbul1t Subdivision No.2 North 00 degree 17'24" East, 45.00 feet to a set51S inch iron pin with cap stamped "G,A, Lee, PEILS 3260" marking the Southwest corner of Parcell on the North right of way of West Cherry Lane and the Real Point of Beginning; thence continuing along said West 1/16 line and East boundary line of Sunburst Subdivision No.2, North 00 degree 11'24" East, 842.01 feet to a set 5/8 inch iron pin with cap stamped "G.A. Lee, PElLS 3260" marking the Northwest comer of said Parcel I ; thence South 89 degrees 42'36" East, 414,65 feet to a set 518 inch iron pin with cap stamped "G.A. Lee, PElLS 3260" marking the Northeast comer of said Parcel I on the West boundlU)' line of Sunny Brook Fanns No.2 as filed in Book 46 ofPlals at Page 3768, Ada County records; thence along the West boundary line of said Sunny Brook Farms No.2, South 00 degree 11'24" West, 149.90 [eel 10 a found 5/8 inch iron pin with cap stamped "J-U-B" at the Southwest comer of said Sunny Brook Farms No.2; thence along the Wesl boundary line of Sunny Brook Farms No.1 as filed in Book 44 of PI a Is at Page 3609, South 00 degree 11'24" West, 699.84 feet to a set 5/8 inch tron pin wilh stamped "G.A, Lee, PElLS 3260" marking the Southeast corner of said Parcel I on the North right of way of West Cherry Lane; thence along the North right of way of West Cherry Lane North 88 degrees 38'31" West, 414.73 feet 10 the Southwest corner of said Parcel I and the Real Point of Beginning. Less Dnd excepting therefrom the following described,properly: The North 543 feet of Parcel I of Record of Survey No. 3916, recorded June 16, 1997 as Instrument No. 97047432, said Parcell being a portion of the West half of the Southeast Quarter of the Southwest Quarter of Section 2, Township 3 North, Range 1 West, onhe Boise Meridian, Ada County Idaho. Also less and excepting the following described property: All that certain real property situated in Section 2, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, described as follows: A portion of the West half of the East halfoflhe Southwest Quarter lying South of the following described line: Beginning at the Southwest comer of Parcel] of Record of Survey No. 3916 recorded as Instrument No. 97047432, said comer also being the Real Point of BegInning of said line, thence South 88 degrees 38'38" East 414.17 feet 10 the Southeast cornel' of Parcel I, said corner being the Point of Terminus of said line. EJLh;b:-l"3 .. ~ot! d- , l:,~ ADA COUNTY RECORDER J. DAVID NAVARRI1 BOISE IDAHO 05123103 12:00 PM DEPUTY Michelle Turner RECORDED - REQUEST OF Meridian City AMOUNT .00 .at q1 III I 111111111111111111111111 111111111 103085229 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian Tom E. Davis and Sue C. Davis, Owners Hillview Development, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 6 -t:!.-... day of fh-a.~ ' 2003, by and between CITY OF . MERIDIAN, a municipal corporation of eState ofIdaho, hereafter called "CITY', ah'd TOM E. DAVIS AND SUE C. DAVIS, husband and wife, hereinafter called "OWNERS", whose address is 2740 E. US TICK ROAD, MERIDIAN, IDAHO 83642, and HILL VIEW DEVELOPMENT CORPORATION, hereinafter called "DEVELOPER", whose address is 150 E. AIKENS, SUITE A, EAGLE, IDAHO 83616. 1. RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. 9 67-6511A, Idaho Code, provides that cities' may, by ordinance, require or permit as' a condition ofre-zoning , that the "Owners" or "Developer" mak~ a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and "Developer" have submitted an application for annexation and zoning ofthe "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 1 of23 c 1.5 WHEREAS, "Owners" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of govennnent subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and nd . 1. 7 WHEREAS, City Council, the 2..2 day of Pryx-\ l , 2003, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and "Developer" to enter into a development agreement before the City Council takes fmal action on annexation and zoning designation; and 1.9 "OWNERS" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and aclrnowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions ofthis development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6,2003, Resolution No. 02-382, and the DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 2 of23 ,. Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defmed and interpreted as here~n provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Tom E. Davis and Sue C. Davis, husband and wife, whose address is 2740 E. Ustick Road, Meridian, Idaho 83642, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property" . 3.3 "DEVELOPER": means and refers to Hillview Development Corporation, whose address is 150 E. Aikens, Suite A, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R -8 attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 3 of23 l. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D.) which are herein specified as follows: Construction and development for a Planned Development consisting of 275 single-family detached building lots, 52 townhouse lots, 4 office lots, 2 commercial lots, 1 mini storage lot, 1 pocket park, 1 City "Neighborhood" Park, and 32 common lots. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the ..Property' that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owners" and "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING CONDTIONS OF AFPROV AL 1. Remove any existing domestic wells and! or septic systems within this proj ect 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. The Davis home (2740 Ustick) shall connect to City services when the phase 0 f t he proposed subdivision t hat includes the house is submitted for final plat. 2. All future commercial uses shall obtain detailed conditional use pennits prior DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 4 of23 to development. The conditional use permits will place limits on the hours 0 f operation ofthe commercial uses. Owner shall be allowed continued use ofthe land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 12/21/05 or final plat approval of all phases. B. Adopt the Recommendations ofthe ACHD as follows: Site Specific Conditions of Approval (Upon Development) 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 ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking grollild, 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. Ifthe sidewalk meanders outside ofthe right-of-way, provide the District with an easement for the sidewalk. 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630- feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Us tick Road. 5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a 10- foot asphalt pathway on the east side of the roadways within 50-feet of right- of- way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 5 of23 These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of-way, as proposed. 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East COMer Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5-foot concrete sidewalk with parking on one side of the roadway within 42- feet of right-of-way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400-feet north of Us tick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610- feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-feet east of the west property line, as proposed. Install a sign at the terminus ofthe roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 6 of23 ,- 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2,3,4 and 5, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160-feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimum turning radius of 45- feet for the turnaround. Provide a minimum of a 29- foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of21-feet (measured back-of-curb to back-of-curb). Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be oMled and maintained by a homeowners association. Notes of this shall be required on the final plat. 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 7 of23 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. (Changed per action of the City Council at their April 1 , 2003 meeting, and per ACHD's Inter-Office Memo dated March 17,2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way, 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 8 of23 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also knO'Nn as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility ofthe applicant to verifY all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The portion of the proj ect which is 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 DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 9 of23 2. Commercial, office and storage occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around, II. 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 12. It is requested that all landscape islands at the entry points be moved back a minimum ofl5' to improve turning radiuses at these entrances. Per City Council action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 10 of23 D. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adj acent property, Vic Clapp. E. To clarify the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth, the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total of 30 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 5 0% 0 ft he I and value plus improvements. T he Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. The developer will donate three (3) acres ofthe park site. b. The developer will pay for fifty percent (50%) of the park improvements (hydro-seeding, irrigation, trees and parking lot), according to the Park and Recreation Departments specifications. c. The developer will construct the ten (10) foot multi-use pathway through the site, including the portion along the park. d. The developer will construct the micro-paths which enter into the park. e. The developer will install fencing along the north and south sides of the park. DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 11 of23 f. The developer will construct the pressure irrigation pond adjoining the park. g. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility companies for future service ofthe park. 1. The developer will provide a pressure irrigation pump station, according to the Park and Recreation Departments specifications. J. The developer will coordinate with the Parks Department 0 n the improvements for shelter, restroom, and play grolllld equipment, according to the Park and Recreation Departments specifications. k. The Park and Recreation Department shall provide plans and construction documents, and the developer shall build according to the Park and Recreation Departments specifications. 1. The park is to be transferred to the City prior to the filing of the final plat in which the six (6) acre park is located or by December 31, 2005, whichever is sooner. G. Additionally, the "Applicant" and "Developer" shall comply with the conditions within the corresponding Preliminary Plat - Case No. PP-02-033 and the Conditional Use Permit - Case No. CUP-02-049. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default ofthe "Owners" and "Developer" or "Owners" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" ofthis agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.e. S 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developer" and ifthe DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 12 of23 "Owners" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "CitY' that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and "Developer", "Owners" and "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "CitY' upon compliance with the requirements ofthe Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "CitY' or apply to any subsequent breach of any such or other covenants and conditions, 11. REQUIREMENT FOR RECORDATION: "CitY' shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in cOlmection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning ofthe "Property" contemplated hereby, the "CitY' shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 13 of23 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation ofthe improvements, which the "Owners" and "Developer" agrees to provide, if required by the "city". 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 14 of23 16. ABIDE BY ALL CITY ORDINANCES: That "OwnersH and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERS: c/o City Engineer City of Meridian 660 E. Watertower Lane, Ste. 200 Meridian, ill 83642 Tom E. Davis and Sue C. Davis 2740 E. Ustick Road. Meridian, Idaho 83642 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 H~LVffiWDEVELOPMENT CORPORATION 150 E. Aikens, Suite A Eagle, ill 83616 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture ofthis Agreement. 19, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT (AZ-02.033) PAGE 15 of23 hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit ofthe parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owners" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "Developer", to execute appropriate and recordable evidence oftermination ofthis Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing( s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be DEVELOP:MENT AGREEMENT (AZ-02-033) PAGE 16 of23 effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe "Property" and execution of the Mayor and City Clerk, DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 17 of23 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERSIDA VIS: BY: ~ E Tom E. Davis rJ~ BY: ~~~~ Sue C. Davis DEVELOPERlHILL VIEW DEVELOPMENT CORPORATION: BY:~ -- ( Attest: BY: ~f/~~ DEVELOPMENT AGREEMENT (AZ-02-033) PAGE 18 of23 CITY OF MERIDIAN BY:~ Attest: STATEOFIDAHO ) : ss: COUNTY OF ADA ) :Z - On this J~ <lay of ~ ' in the year 2003, before me, lfl1JC, T.. Ptfi :hu a Notary blic, personally appeared TOM E. DAVIS and SUE C. DAVIS, husband and wife, lmown or identified to me to be the persons who executed the instrument and aclmowledged to me that they executed the same. (SEAL) cgl;&L-J/ll&A Notary Public for Idaho Residing at: 6/J /C6 Commission expires: (5, /5-0(, DEVELOPMENT AGREEMENT (AZ~02~033) PAGE 19 of23 On this {"o~ day of 2003, before me, /3IeA-o(....(!r'-(' K_ /.5.t!Juof' J,../--Mas /1-i5f2..~L~1Imt: known or identified to me to be the P /d gC (' C) (; t-f( -and-- of HILL VIEW DEVELOPMENT CORPORATION, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said corporation. t\\".!II11~, ~~\$ Y K. .e e~~ I/o" .Y ~__' /:~ ~ l~~G~ -""'Clo ~~ "'~ S J:q l ~OTA.-R ~~ \ ~ \. : g ~- ~ = : * t -e~ f = .. II . * .. i. >^ '&0 j::'{, D L \. C.;;_ ! 9. v'" ~ ;: ~ ~' -. 0 0 .: .,~ "1 r. OeOQ90QoO . ~ ~<;; '#~#~J OF 1D ~:~~... 8a!1~ItIIlt"''5 STATE OF IDAHO ) :ss COUNTY OF ADA ) (SEAL) STATE OF IDAHO ) :ss ttA ( , in the year a Notary Public, personally appeared ~~ Notary Publ for Idaho Residing at: PoISe, (f) Commission expires: If - L -, -1-(/ d 1 County of Ada ) ~ 7d rnn..:J d" {MeeJ-,(. On this t:, kl-.. day of M , in the year 2003, before me, a Notary Public, personally appeared R~ D. Corti and William G. Berg,;Jr. know or identified to me to be the and Clerk, respectively, of the City of Meridian, who executed the instrument or th person that executed the instrument of behalf of said City, and aclmowledged to me that such City executed the same. tih; (Ol<.hC;/ fJrefide",(; (SEAL) .....11. o.ON S..t:~ ~~ .~~---:~~.. .. /O'tAJi' .~"'~. " , ~ -r- ~oI". ~-: l..... '" ... "-.i, \ II . I I . : l : · II \ · " . ' I " .. ;'''' br-1CW'" 0.... . U"' ,~U.l:U..JrI>' .. :l).,;.;.--- --en + ..:..~..uOF ~... ....... DEVELOPMENT AGREEMENT (AZ-02-033) - 20 3ha-r1Yl~~~ Notary Public for Idaho Residing at: A da. Co~ _Jd. ~ho Commission expires: ~~~-05 EXHIBIT A Le2al Description Of Property A parcel ofland located in the E 1/2 of the SW 14 and the W 1i of the SE 14 of Section 32, TAN., R. IE., RM., 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., RM.; 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; Thence North 00001 '19" West, 2652.73 feet on the westerly boundary line of the East Yz of the SE 14 of the SW 14 of said Section 32, a portion 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, 57304 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; DEVELOPMENT AGREEMENT (AZ-02-033) - 21 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 ofthe NW 'l4 of the SE 'l4 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 'l4 ofthe SE 'l4 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 'l4 Section corner common to said Sections 32 and 5; Thence South 89043'17" West, 663.82 feet on the section line common to said Sections 32 and 5 to the real point of beginning. Said parcel contains 104.77 acres more or less. DEVELOPMENT AGREEMENT (AZ-02-033) - 22 EXHIBIT B Findinf!s of Fact and Conclusions of Law/Conditions of Auuroval Z:\Work\M\Meridian\Meridian I 5360M\Parkstone Sub AZ-02-033 PP-02-033 CUP-02"{)49\DevelopAgr.doo DEVELOPMENT AGREEMENT (AZ-02-033) - 23 '. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 104.77 ACRES ) FOR PROPOSED PARKSTONE ) SUBDMSION~ LOCATED ON THE ) NORTH SIDE OF USTICK ROAD, ~ ) MILE WEST OF EAGLE ROAD, ) MERIDIAN, IDAHO ) ) ) ) C/C 03/18/03 C/C 04~01-03 Revised per C/C action 4/15/03 Case No. AZ-02-033 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HILL VIEW DEVELOPMENT~ APPLICANT The above entitled annexation and zoning application having come on for public hearing on March 18,2003 and continued until April 1, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Tye Ketlinski, George Law, John Blakeslee, John Nesmith, Mary Berg, Becky McKay, Broce Mills, and Vic Clapp, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~ 9 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDMSION (AZ-02-033) PAGE 1 OF 26 ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02~382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application) is approximately 104.77 acres in size and is located on the north side of Us tick Road, ~ mile west of Eagle 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 ofllie subject property is Tom and Sue Davis, 2740 E. Ustick Road, Meridian. Applicant is Hillview Development Corporation, 150 E. Aikens) Suite A, Eagle, Idaho. 5. The property is presently zoned RUT (Ada County), and consists of vacant land. 6. The Applicant requests the property be zoned as R-8 - Medium Density Residential. 7. The subject property is bordered to the north by Heritage Subdivision (zoned RI, Ada County) and a large single-family home on several acres (zoned RUT, Ada County), to the south by rural residential lots (zoned RUT and Rl, Ada County), to the east by Summerfield Subdivision (zoned R-4) and Education Campus (new elementary and charter high school site, zoned R-4), and to the west by rural residential (zoned RUT, Ada County, depicted as "Regional Mixed Useu on the Comprehensive Plan Land Use Map. 8. The Applicant proposed to develop the subject property in the following manner: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 2 OF 26 ~ Planned Development consisting of275 single-family detached building lots,.52 townhouse lots, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 City "Neighborhood" Park and 32 conunon lots. 9. The Applicant requests zoning of the subject real property as R-8 (PD) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential with a designation for a potential park. 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 Karl and Cheryl Smith, expressed in their letter dated February 2,2003; John and Shirley Schey, expressed in their letter dated February 11, 2003; Lynda and Marty Lindgren, expressed in their letter dated February 13, 2003; Vern Alleman, expressed in his letter dated February 17,2003; Wendel Bigham, Joint School District, expressed in his letter dated January 10,2003, and Tom E. Davis and Sue C. Davis, expressed in their letter dated March 27,2003. Additionally, the Council recognizes the comments/points of interest of Wendell Bigham, Joint School District No.2, pertained in a memorandum dated March 31, 2003 from Brad Hawkins-Clark, and pertained in a facsimile to Brad Hawkins-Clark from Wendell Bigham on March 31, 2003, as follows: 1. The school district has had regular contact with lvfr. Davis and Hillview Development regarding the potential development of this property. There will be adequate capacity at the new Locust Grove elementary school currently under construction to serve the Parkstone Subdivision. The school's student capacity is 650. 2. The district estimates that, by the time Parkstone Subdivision is built out, the Havasu Creek elementary school will be constructed. This school is within one mile of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ.02-033) PAGE 3 OF 26 Locust Grove school and will be equipped to handle any overflow that might occur at the Locust Grove site. 3. The school district boundaries will continue to shift as development builds-out. If the densities occur as per the Comprehensive Plan, there will continue to be one elementary school serving each square m He, w bich the district believes will be adequate. 4. Discovery Elementary School located within the Educational Campus Subdivision on Locust Grove Road will accommodate those students generated from the final build out of the Parkstone Subdivision. Over time the current boundary for Discovery Elementary will reduce in size due to increased growth in the north Meridian area and that growth will drive the construction of additional elementary schools in the nearby sections. We were aware of the proposed Parkstone Subdivision at the time the boundaries were set and continue our support for approval of the Parkstone Subdivision upon the Davis property. 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: ANEXATION AND ZONlNG CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. The Davis home (2740 Ustick) shall connect to City services when the phase of the proposed subdivision that includes the house is submitted for final plat. 2. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions that all future commercial uses obtain detailed conditional use pennits prior to development. The conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 12/21/05 or final plat approval of all phases. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDMSION (AZ-02-033) PAGE 4 OF 26 B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval (Upon Development) 1. Dedicate 48-feet ofright-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. 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 North Park Place Way (a residential collector) to interest Ustick Road approximately 630-feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Us tick Road. 5. Construct North Leslie Way as a 40- foot street section with vertical curb, gutter and 5-foot concrete sidewalk. within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a lO-foot asphalt pathway on the east side of the roadways within 50-feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5~foot concrete sidewalk within 50-feet of right-of-way, as proposed. FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDMSION (AZ-02-033) PAGE 5 OF 26 8. ConstruCt East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5- foot concrete sidewalk with parking on one side of the roadway within 42-feet of right- of- way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Us tick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610- feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "TIllS ROAD WILL BE EXTENDED IN THE FUTURE", 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. FINDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 6 OF 26 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2,3,4 and 5, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160-feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimum turning radius of 45-feet for the turnaround. Provide a minimum of a 29~foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. 19. Construct four knuckles without islands tlrroughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of21-feet (measured back~of~curb to back-of-curb). Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. (Changed per action of the City Council at their Aprill, 2003 meeting, and per ACHD's Inter-Office Memo dated March 17,2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKS TONE SUBDIVISION (AZ-02-033) PAGE 7 OF 26 27. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb; gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual; ISPWC Standards and approved supplements; Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval; prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction; use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800~ 342-1585) at least two full business days prior to breaking ground within ACED right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 8 OF 26 " 10. No change in the terms and conditions of this approval shall be valid unless they are in writing arid 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. The portion of the project which is 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. Commercial, office and storage occupancies will require a fire- flow consistent with the Uniform Fire Code to service the proposed proj ect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width af20' available at all times. The t)'pical street width of34' will be allowed to have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG P ARKSTONE SUBDIVISION (AZ-02-033) PAGE 9 OF 26 parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. The phasing plan may require that any roadway greater than ISO' in length that is not provided with an outlet shall be required to have a turn around. 11. A minimum of two points of access will be required for any portion of the proj eet, which serves more than 50 homes. UFC 902.2.1 12. It is requested that a1llandscape islands at the entry points be moved back a minimum of IS' to improve turning radiuses at these entrances. Per City Council action taken at their Aprill, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: D. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property. and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property; Vic Clapp. E. To clarify the matter concerning the water amenity for the pond and water circulation. the applicant shall work with their landscape architect forrecommendations based on the depth. the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total of30 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit for 50% of the land value plus improvements. The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDIVISION (AZ-02-033) PAGE 10 OF 26 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. The developer will donate three (3) acres of the park site. b. The developer will pay for fifty percent (50%) of the park improvements (hydro-seeding, irrigation, trees and parking lot), according to the Park and Recreation Departments specifications. c. The developer will construct the ten (1 0) foot multi ~use pathway through the site, including the portion along the park. d. The developer will construct the micro-paths which enter into the park. e. The developer will install fencing along the north and south sides of the park. f. The developer will construct the pressure irrigation pond adjoining the park. g. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility companies for future service of the park. i. The developer will provide a pressure irrigation pump station, according to the Park and Recreation Departments specifications. j. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment, according to the Park and Recreation Departments specifications. k. The Park and Recreation Department shall provide plans and construction documents, and the developer shall build according to the Park and Recreation Departments specifications. 1. The park is to be transferred to the City prior to the filing of the final plat in which the six (6) acre park is located or by December 31,2005, whicheveris sooner. 13. It is found that the requested zoning designation, R -8, is hannonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to be "Medium Density Residential" with a Community Park. The park indicated on the Comprehensive Plan at this location is intended to be a community park rather than a neighborhood park as proposed by the applicant. The Comprehensive Plan also indicates that the subject property should have a "Multi Use" pathway running north-south through the middle of the proposed subdivision. Page 54 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKS TONE SUBDMSION (AZ-02-033) PAGE 11 OF 26 with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". The applicant has indicated that they are willing to install a 10' asphalt multi-use pathway along the east side ofN. Park Place Way. The pathway can cross Nakano Drive and proceed west to the pocket park and north along the edge of the park to the pedestrian pathway (lot 16, block 19). A multi-use pathway can be added through block 18. This will align with the N. Conley Avenue stub street, providing a pedestrian outlet to the north for future pathway extension. 'This issue is discussed in further detail within the preliminary plat additional considerations. The Parks Department comments may be reviewed concerning the proposed neighborhood park and the need for a pathway within the subdivision. The applicant's request to continue raising 150 head of cattle on this property during development does not comply with the Comprehensive Plan's residential designation of the subject property; howeverJ there is no objection to the continuation of the agricultural use of the subject property during the phased construction of the project. This issue is addressed in number 12 above, under Annexation and Zoning Conditions of Approval nwnber 2. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. The commercial uses (i.e. office, commercial and mini-storage) are allowable as excepted uses if approved as part of the overall planned development. It is recommended that the land used for office use be rezoned to L-O, and likewise the commercial property be re-zoned to C-G rather than R -8 as proposed. 15. It is found that the proposed single family residential subdivision with some FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 12 OF 26 commercial uses woUld be allowed within the requested R -8 zone, if accompanied with a Conditional Use Pennit for a Planned Development. 16. It is found that the land to the north and west of the property are developed in a residential manner similar to the proposed subdivision and the land on the eastern side of the proposed subdivision will most likely be developed in a commercial or higher intensity use. It is also found that the requested zoning designation 0 f R -8 ish armonious with the recently approved adjacent development and should be rezoned in the requested manner. 17. It is found that the proposed uses (single family residential, office, commercial and mini-storage) will not change the existing (single family) or intended character (single family and mixed use) of the area. 18. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 19. It is found that the property to be annexed will or can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services and facilities. The applicant has requested that the Davis home located near the southeast comer be allowed to wait to hook up to City services until such time as the phasing for the project brings services to the existing house. There is no objection to the request as this issue is addressed in number 12 above, under Annexation and Zoning Conditions of Approval number 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 13 OF 26 20. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 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 recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off of Us tick Road will create new interference with the existing east-west traffic on Ustick Road; however staff does not believe that the subdivision entrances will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that services are available to the site and that the inclusion of a new City Park within the subdivision makes the annexation of this property in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 14 OF 26 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 adj acent 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 the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 15 OF 26 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at 9 11~ 7-2 D as follows: (a-H) Medium Densitv Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 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 landJ 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 12-4-13J which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11 ~ 16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDMSION (AZ-02-033) PAGE 160F26 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 104.77 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 104.77 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: ANEXATION AND ZONING CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. The Davis home (2740 Ustick) shall connect to City services when the phase of the proposed subdivision that includes the house is submitted for final plat. 2. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions that all future commercial uses obtain detailed conditional use permits prior to development. The conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 12/21105 or final plat approval of all phases. B. Adopt the Recommendations of the ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 17 OF 26 Site Specific Conditions of Approval (Upon Development) 1. Dedicate 48-feet of right-of-way from the centerline of Us tick 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. 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 North Park Place Way (a residential collector) to interest Ustick Road approximately 630- feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Ustick Road. 5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a lO-foot asphalt pathway on the east side of the roadways within SO-feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 18 OF 26 , ' 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue~ North Petty Way, Bast Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33- foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within 50-feet ofright-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29-foot street section with curb~ gutter and 5- foot concrete sidewalk with parking on one side of the roadway within 42-feet of right- of- way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Ustick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610- feet south of the north property line~ as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2~ as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2,3,4 and 5, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 19 OF 26 I ' 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160-feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimwn turning radius of 45~feet for the turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21-feet (measured back-of-curb to back-of-curb). Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. (Changed per action of the City Council at their April 1, 2003 meeting, and per ACHD's Inter-Office Memo dated March 17, 2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. Comply with all Standard Conditions of Approval. Standard Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 20 OF 26 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or :filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ~02-033) PAGE 21 OF 26 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. The portion of the project which is one and two family dwellings will require a fire-flow of 1 ~OOO gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Commercial, office and storage occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed proj ect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per Section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. The typical street width of34' will be allowed to have parking on both sides. The typical street with a minimum width of29; will be required to have restricted parking to only one side. UFC 902.2.2.1 FINDll'I'GS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 22 OF 26 ~ ) 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 11.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 12. It is requested that all landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. Per City Council action taken at their Aprill, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: D. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. E. To clarify the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth, the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additiona114 spaces, making a total of 30 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 50% of the land value plus improvements. The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND. ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG PARKSTONE SUBDMSION (AZ-02-033) PAGE 23 OF 26 " 1 a. The developer will donate three (3) acres of the park site. b. The developer will pay for fifty percent (50%) of the park improvements (hydro-seeding, irrigation, trees and parking lot), according to the Park and Recreation Departments specifications. c. The developer will construct the ten (10) foot multi-use pathway through the site, including the portion along the park. d. The developer will construct the micro-paths which enter into the park. e. The developer will install fencing along the north and south sides of the park. f. The developer will construct the pressure irrigation pond adjoining the park. g. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility companies for future service of the park. 1. The developer will provide a pressure irrigation pump station, according to the Park and Recreation Departments specifications. J. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment, according to the Park and Recreation Departments specifications. k. The Park and Recreation Department shall provide plans and construction documents, and the developer shall building according to the Park and Recreation Departments specifications. 1. The park is to be transferred to the City prior to the filing of the final plat in which the six (6) acre park is located or by December 31,2005, whichever is sooner. 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 ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONrnG PARKS TONE SUBDMSION (AZ-02-033) PAGE 24 OF 26 . . ; ! I ( NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person 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 22-A5. day of /lpr-;2- . 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED ~ COUNCIL WOMAN CHERIE Me CANDLESS VOTED*4../ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 4-- 2--2--[) 3 --- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDMSION (AZ-02-033) PAGE 25 OF 26 r' /> r' MOTION: APPROVED: ~ DISAPPROVED: ~~+[)~. or Robert D. Corrie Attest: Copy served upon Applicant, the the City Attorney. By:J/~~~9- Dated: 4--~t'J/(13 . Gtya~ ~ Z:\WorklM\Meridian\Meridian 15360M\Parkstone Sub AZ.o2.o33 PP-02-033 CUP-02.(149\AZFfCI&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER, GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ-02-033) PAGE 26 OF 26 May 16, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT May 20, 2003 }q ITEM NO. REQUEST Water, Sewer and Trash Delinquencies: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT; CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER 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+norPLK 1(jJ1A1 ofFs 6/21 4922/03 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. r( DELINQUENCY FOR TURN OFF SCHEDULED FOR May 20, 2003 RECEIVED MAY 20 2003 City Of Meridian City Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, May 20, 2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on May 21and/or May 28, 2003 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $24,542.86. ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers May 20,2003 04:16pm Current Period: 05/31/2003 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/31 /2003 02/28/2003 01/31/2003 Date Amount 69.0106.1 MCGOFF, WENDY 117.45 50.07 67.38 03/19/2003 95.00 - 46.4618.1 4-M CANVEST 60.75 60.74 .01 04/09/2003 67.32 - 19.1208.1 AJ. HARDEE CONSTRUCTION II 25.33 25.33 12/01/2002 118.16 - 2.1930.2 ACUNA, JULIO & 83.07 29.61 3.48 49.98 01/21/2003 82.68 - 32.0538.2 AINGER, DAVID 108.81 72.54 36.27 04/17/2003 36.27 - 50.0244.1 ALGER, BRENT 74.97 49.98 24.99 03/17/2003 46.22 - 37.3248.2 ALLEN, MARK & MICHELLE 127.61 87.58 40.03 03/17/2003 91.34 - 31.3422.1 ALLEN, SEDENA 79.96 79.46 .50 OS/2012003 35.00 - 19.6556.2 AMAR, STEVE 113.04 55.54 28.75 28.75 02/18/2003 53.74 - 10.2146.1 AMYX SIGNATURE HOMES 45.66 38.70 3.48 3.48 34.1102.3 ANDERSON, LADELL 120.83 82.08 38.75 04/01/2003 23.71 - 22.1482.1 ANDERSON, LYLE D. 153.19 106.92 46.27 03/10/2003 102.21 - 51.1138.2 ARANA & R.C. LAND COMPANY 120.40 45.10 37.55 7.55 30.20 15.0300.2 ARMSTRONG,BRENT 117.31 81.04 36.27 04/18/2003 36.27 - 21.2708.4 ASAY, ALAN & JULIE 171.67 114.12 57.55 04/2212003 31.86 - 47.1052.1 ASPEN HOMES 95.08 59.26 35.82 47.1226.1 ASPEN HOMES 46.10 38.86 7.24 03/27/2003 3.48- 47.1224.1 ASPEN HOMES 135.13 87.58 47.55 03/27/2003 47.55 - 47.1148.1 ASPEN HOMES 83.54 65.02 18.52 03/27/2003 5.44- 47.1198.1 ASPEN HOMES 106.10 87.58 18.52 03/27/2003 3.48- 74.2938.5 ASSET PRESERVATON INC 133.17 93.14 40.03 04/22/2003 51.31 - 2.3550.2 BAILEY, PEGGY 102.82 76.14 26.68 05/20/2003 20.00 - 2.3680.3 BAINBRIDGE, STEVE 145.43 99.02 46.41 04/02/2003 50.00 - . 21.1670.1 BARKELL, KEVIN 135.85 97.10 36.75 04/04/2003 38.75 - 4.1620.6 BARNEY,MARY 241.01 78.48 64.99 38.75 58.79 04/03/2003 92.00 - 42.3068.1 BAUDER, KEN 91.27 81.42 9.85 04/29/2003 50.00 - 68.0282.1 BAUMAN, REGINA 132.30 78.51 53.79 04/04/2003 61.30 - 37.3628.2 BEAR CREEK LLC 92.71 72.46 17.47 2.78 04/25/2003 17.47 - 14.5010.2 BEAUCANNON, JUSTIN 93.36 84.04 9.32 04/28/2003 50.00 - 1.0030.2 BEAUDOIN, JOHN R 97.31 43.44 53.87 46.4950.2 BED BATH & BEYOND 123.02 119.26 3.76 05/16/2003 55.87 - 33.2316.1 BELL, LILLY 153.87 88.88 47.55 17.44 04/22/2003 20.00 - 46.0836.2 BENNETT, GREG 253.67 187.40 66.27 03/20/2003 98.78 - 14.3628.2 BENSON, JOSHUA 101.21 69.98 31.23 04/22/2003 34.99 - 21.0154.2 BITTICK, BRIAN 166.19 111.12 55.07 04/21/2003 55.07 - 15.0116.2 BLACHOWSKI, JOHN 104.54 54.56 24.99 24.99 02118/2003 21.23 - 33.2600.1 BLACKHURST, SCOTT 100.31 71.56 28.75 04/21/2003 36.27 - 2.2140.1 BLAIR, WILMA 124.67 84.64 40.03 03/28/2003 .85 - 33.4154.3 BOBKO, RAYMOND 183.48 68.94 36.27 51.23 27.04 05/20/2003 50.00 - 21.2860.1 BOHN, JOHN D 124.75 86.00 38.75 03/21/2003 38.75 - 32.4960.1 BORCHERS, LARRY 95.49 68.02 27.47 03/17/2003 73.74 - 42.3036.1 BOSIO, LAWRENCE 142.41 96.14 46.27 04/22/2003 42.51 - 74.3796.1 BRADLEY, CHRISTOPHER 122.04 85.02 37.02 04/21/2003 48.00 - 16.3306.2 BREWER, CHRIS & ELIZABETH 153.35 102.02 46.27 5.06 05/07/2003 65.00 - 1.0800.1 BREWER, sm & SHELLY 126.39 67.64 58.75 03/19/2003 102.54 - 2.1290.5 BRINEGAR, EE. 116.65 80.38 36.27 03/17/2003 40.03 - 34.0512.1 BRITTON, BOB 128.89 128.89 08/28/2002 54.77 - 33.3746.1 BRUCE, DARIN & MARTINA 190.55 124.20 58.83 7.52 04/16/2003 58.83 - 20.1326.4 BRUMBLE, MATHEW 98.23 66.66 31.57 04/01/2003 81.00 - 19.0560.2 BRYANT, LESLIE 120.98 113.46 7.52 04/29/2003 50.03 - 14.3556.2 BURCHFIELD ENT 96.55 64.04 32.51 04/15/2003 91.26 - ... in Msg column indicates no Notice is to be sent / { '., CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers May 20,2003 04:17pm Current Period: 05/31/2003 No Delinquent Minimum AmountDelinquent Balance last Pmt Last Pm! Cust No Name Balance Non-Delinq 03131/2003 02/28/2003 01/3112003 Date Amount 19.4438.7 BURCHFIELD, DARRAl 120.21 99.60 20.61 04123/2003 75.00 - 19.6498.5 BURCHFIELD, DARRELL 131.13 88.62 42.51 03/2812003 50.03 - 34.0856.1 BURGESS, L1N 123.71 122.88 .83 05/0912003 58.00 - 31.0720.2 BURKE,MARY 139.79 73.52 66.27 03120/2003 98.78 - 19.6510.2 BURKETT,MARK 228.81 76.27 152.54 01/22/2003 83.14 - 74.0674.2 BUSEY, MIKE 79.10 78.10 1.00 05/05/2003 31.51 - 31.3536.2 CAMPBELL, SCOTT 85.27 56.52 28.75 04/14/2003 24.99 - 21.1116.2 CAMPBELL, CHRISTOPHER 107.11 83.38 23.73 04/02/2003 35.00 - 42.0414.2 CAPITAL CITY PROPERTY MAN 205.53 74.24 42.51 46.27 42.51 02/14/2003 38.75 - 33.4516.1 CAPITAL CITY MANAGEMENT 369.46 91.52 24.99 77.55 175.40 01/22/2003 33.00 - 34.1100.1 CAPITAL CITY PROPERTY MANI 101.95 65.68 36.27 04/04/2003 36.27 - 69.1006.2 CAPITO, FRANK 60.97 39.45 21.52 03127/2003 42.51 - 65.0688.1 CARPENTER, GAIL 98.30 85.79 12.51 04124/2003 68.75 " 4.2166.2 CARPENTER, SEAN 395.41 79.42 97.23 126.17 92.59 01/22/2003 143.88 - 50.0354.1 CARSTENSEN, DENNIS 89.89 87.58 2.31 05/12/2003 40.00 - 21.2834.1 CASE,CYRUS 102.16 100.96 1.20 04/23/2003 95.00 - 32.1324.2 CASTRONOVA,DARLENE 111.51 76.52 34.99 03112/2003 38.75 - 42.1910.1 CHACARTEGUI, CONNIE 67.00 66.00 1.00 04/11/2003 31.51 - 22.0848.1 CHAPMAN, THOMAS 150.57 104.30 46.27 04102/2003 46.27 - 50.1774.1 CHERRY'S BUILTIN VACS 440.06 278.44 161.62 04/16/2003 157.86 - 50.0500.3 CHESTER, FAYE 162.61 137.62 24.99 03/17/2003 28.75 - 51.1168.3 CHRISTIANSON, ARTHUR & COI 37.75 15.10 7.55 7.55 7.55 51.1164.2 CHRISTIANSON, ARTHUR & COI 26.41 18.86 7.55 05/16/2003 18.86 - 20.1606.3 CHRISWEll, lEE ANNA 130.48 68.02 31.23 31.23 02/05/2003 111.51 - 31.3282.2 CLAJUS, ALMA 160.01 105.56 47.55 6.90 05/0512003 40.00 - 51.0690.2 CLAY, GREG 156.55 105.24 51.31 03127/2003 53.90 - 33.2426.5 CLAY, SUSAN & STEVEN 90.33 57.82 32.51 03118/2003 17.47 - 21.2214.4 CLEVELAND, RICHARD & KAREl 174.37 108.10 66.27 04/25/2003 40.39 - 13.9096.2 COLDWELL, BRIAN & 91.33 73.86 17.47 74.3650.2 COLSON, CHRIS 166.48 74.18 62.51 29.79 03119/2003 100.00 - 33.0206.1 COMBA, TRUDY 313.69 210.38 103.31 03/17/2003 206.62 - 33.0196.1 COMBA, TRUDY 594.17 387.34 206.83 03117/2003 462.54 - 31.3328.1 CONKLIN, BARBARA 86.25 57.50 28.75 03114/2003 24.99 - 21.1524.2 COONES, JOSEPH 176.49 125.18 51.31 04/21/2003 62.59 - 2.0640.1 COPE, LINDA 106.25 93.14 13.11 04/23/2003 75.00 - 50.1412.2 CORP, WESLEY 78.97 68.94 10.03 03/11/2003 23.82 - 35.0326.2 COSTNER,SHARON 103.09 70.58 32.51 03118/2003 32.51 - 31.3420.1 COUCH, JULIA 103.88 72.54 31.34 04/22/2003 40.00 - 22.0860.3 CRAIG, ANNIA 136.66 61.77 23.71 31.23 19.95 01/21/2003 46.27 - 50.0260.6 CRIPE, PHYLLIS 86.25 57.50 28.75 03/12/2003 24.99 - 6.1930.1 CUPP, SHAD & BECKY 79.87 57.28 22.59 03/1812003 55.23 - 2.5690.5 CURIEL, FABIOLA 47.47 47.47 04/0212003 61.26 - 46.0120.2 CUSLlDGE, JOSEPH 124.67 84.64 40.03 03/12/2003 87.58 - 50.3734.1 CZARNECKI, CHERYL 180.99 107.20 73.79 03/19/2003 110.14- 14.4426.4 D'ALESSIO, OLGA 99.88 47.47 17.47 17.47 17.47 6.1940.2 DAVIS. MICKEY 51.75 36.68 15.07 04/0212003 18.83 - 34.1056.2 DAVIS, MIKE & MARY 121.07 111.04 10.03 04/2412003 30.00 - 2.6660.1 DAVIS, SUSAN 84.45 59.46 24.99 03/11/2003 24.99 - 74.3158.2 PEES, RICHARD & JANICE 104.97 69.98 34.99 02127/2003 69.98 - 2.1610.1 DESILET, DENICE 131.58 104.50 27.08 04/28/2003 50.00 - 3.0824.2 DEWITT, HALEY 85.43 60.44 24.99 04/08/2003 24.99 - 3.0720.1 DOBARAN, JOHN & ARVELLA 179.32 18.86 160.46 02/27/2003 384.76 - 33.2608.2 DONLEY, LOREN 94.75 66.00 28.75 04/11/2003 28.26 - 4.2282.1 DRURY, PATRICK 100.37 91.56 8.81 04/2212003 100.00 - 2.6970.1 DULHANTY, TAMARA 126.79 83.00 43.79 0311812003 43.79 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers May 20,2003 04:17pm Current Period: 05/31/2003 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/3112003 02/28/2003 01/31/2003 Date Amount 50.3880.2 DUNCAN, DAVID & ANDREA 86.25 57.50 28.75 03/10/2003 57.50 - 14.5004.2 DUNCAN, JEFF & MONIQUE 216.62 70.26 73.79 40.03 32.54 01117/2003 40.00 - 4.1958.1 DUPLEX, HARRY 154.83 108.56 46.27 04/14/2003 57.55 - 68.0102.2 DURHAM, KYLE 62.18 34.71 27.47 02/28/2003 54.93 - 5.0172.1 EARNHART,KATHLEEN 107.12 97.12 10.00 04/21/2003 82.54 - 6.9030.1 EDENBROOKINC 14.51 11.03 3.48 15.0004.4 EDENBROOK, INC. 66.72 40.50 17.47 8.75 74.3678.2 EDWARDS, DEARL W 110.53 75.54 34.99 04/2212003 42.26 - 31.3034.1 EDWARDS, MARILYN 73.40 50.96 22.44 03/2012003 100.00 - 2.2734.1 EDWARDS, MICHAELA 84.28 83.98 .30 05120/2003 40.00 - 3.0428.3 EMMANUIL, MJCHAEL 122.06 22.18 47.47 17.47 34.94 50.1240.4 ERHART, MILT 7.88 7.88 20.1760.1 ESKRIDGE, E. DALE 79.74 78.48 1.26 04/18/2003 80.00 - 50.1354.4 ESTATE OF BESSIE MATCHAM 184.24 170.62 13.62 OS/20/2003 30.00 - 5.0700.1 EVANS, ANDREW 112.97 66.70 46.27 03/12/2003 39.90 . 50.4812.2 FARROW, GREGORY & CAROL' 100.66 98.04 2.62 05/0212003 50.00 . 2.5890.1 FElL, KAY OR SKIP FElL 118.13 78.10 40.03 03/18/2003 80.06- 42.1840.1 FETTERS, CARMEN 95.57 70.58 24.99 04/1812003 57.50 - 2.0740.1 FISK, PATRICK 220.63 146.76 73.87 04122/2003 69.26 - 16.3640.2 FITZEN, LARAE & LINDA 276.14 94.18 50.03 53.79 78.14 0410212003 50.00 - 51.3206.4 FLATEN, ROBERT 84.13 59.14 24.99 03/07/2003 28.75 - 34.0860.1 FLYNN, BENJAMIN J 88.55 88.54 .01 05/02/2003 32.50 - 31.0776.2 FOSTER, COLLEEN & WAY 108.97 68.94 40.03 03/17/2003 24.99 - 22.2624.4 FOURIE, JEROME & KATL YNE 90.51 60.12 30.39 04/22/2003 59.18 - 15.0010.2 FOWLER, ROBERT & KERRI 137.99 95.48 42.51 04/22/2003 42.51 - 34.2820.1 FRAHS, THOMAS 169.46 112.10 57.36 03/17/2003 55.00 - 31.3434.1 FRANK, GARY 110.61 78.10 32.51 04/15/2003 40.03 - 74.0350.1 FRANK, GARY E 172.39 81.04 62.59 28.75 .01 02/24/2003 32.50 - 2.5840.1 FRANK, GARY OR BRAD LOGUE 108.46 84.64 23.82 04/2412003 60.00 - 65.0790.1 FRANK, JERRY 99.61 92.09 7.52 04/1412003 52.67 - 4.1162.3 FRANKS, JAMES & JORITA 111.54 84.04 27.50 04108/2003 50.00 - 50.3754.1 FRENCH, LAWRENCE 190.84 135.56 51.31 3.97 05/07/2003 30.00 - 1.0840.2 FRIENDS OF CHILDREN & FAMII 99.88 47.47 17.47 17.47 17.47 3.0006.4 FRISION, DANIEL & PATRICIA 138.41 90.86 47.55 03/11/2003 47.55 - 21.1014.1 FUNK, DAVID 123.77 85.02 38.75 04/02/2003 42.51 - 22.2608.2 GALLOWAY, JERMAINE & KRISl 131.04 70.96 31.23 28.85 03/18/2003 60.00 - 50.4518.5 GAMBLIN, MIKE 77.76 56.52 21.24 05/02/2003 60.00 - 2.5950.3 GARDINER, DAVID 264.98 131.70 62.59 70.69 03/26/2003 100.00 - 33.2302.1 GARRARD, DALE 97.53 65.02 32.51 04/23/2003 32.51 - 21.0234.3 GARRETT, DAMON 161.87 120.72 41.15 04/2212003 58.50 - 20.1726.1 GARRIGUS, SCOTT 205.89 196.76 9.13 04/2312003 160.00 - 46.0188.2 GATES, JOHN 92.71 61.48 31.23 03/1812003 92.46 - 50.3858.2 GILL, DANIEL & DANA 110.53 75.54 34.99 03117/2003 38.75 - 2.2578.2 GINGRJCK, KENT 82.21 81.42 .79 04129/2003 31.23 - 14.3588.1 GINI, KIM R, 155.65 105.62 50.03 04/02/2003 57.55 - 15.0278.2 GLENN JOHNSON HOMES 121.81 83.06 38.75 03117/2003 2.48- 32.4824.1 GO CONSTRUCTION 56.75 34.94 3.48 18.33 37.3988.2 GRACE, CHARLES & JEAN 115.14 57.59 57.55 03/27/2003 46.27 - 50.3908.1 GRAHAM, JOHN & KATHLEEN 74.02 65.02 9.00 04/17/2003 70.00 - 32.1610.5 GRANBY, JOHN & RAMONA 68.43 50.96 17.47 04/04/2003 24.99 . 4.1206.1 GREEN, KEVIN 117.07 82.08 34.99 04/22/2003 36.75 . 51.3350.1 GREGORY, STEVEN 74.97 49.98 24.99 03/10/2003 24.99 - 33.0850.2 GROFF, MARY 393.44 57.94 11.31 324.19 05/13/2003 28.97 - 2.4290.1 GROSSO, SHAOOW 73.97 49.00 24.97 0511612003 25.00 - 3.0034.1 GROUND, JENNIFER 107.75 76.52 31.23 03117/2003 81.26 - ... in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account Ust- council Page: 4 Standard Payment Customers May 20,2003 04:18pm Current Period: 05/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Definq 03/31/2003 02/2812003 01/31/2003 Date Amount 21.0462.3 GUNNARSON, HOWARD & RUTf 215.95 116.68 55.07 44.20 04/09/2003 80.00 - 22.1446.3 HALL, CHARLES & T AMI 119.02 103.98 15.04 05/13/2003 50.03 - 4.0694.2 HALL, PAMELA & GLEN 97.69 68.94 28.75 03/1712003 65.02 - 31.3378.3 HANCOCK, ROBERT 76.93 51.94 24.99 03/19/2003 24.99 - 13.8848.1 HANSEN, ELIZABETH 128.90 82.68 28.75 17.47 02/24/2003 3.48 - 33.4274.1 HANSEN, ERIK 189.74 63.81 51.31 54.62 02118/2003 48.00 - 74.3240.2 HANSEN,WADE 112.56 85.02 27.54 05/16/2003 15.00 - 2.0464.2 HANSON, KELLY & AISHA 118.61 89.86 28.75 04/18/2003 36.27 - 72.0158.1 HARRIS, CINDI 133.97 84.71 46.27 2.99 04/22/2003 47.00 - 21.1776.2 HARTSOOK, HOWARD 132.44 62.46 42.51 27.47 03/17/2003 54.94 - 22.2102.3 HARWOOD, WilLIAM & EMA 124.75 86.00 38.75 04/09/2003 46.27 - 31.3036.1 HASSIS, PAM 138.49 108.48 30.01 04/23/2003 50.00 - 34.3234.2 HATCH,GARY 119.06 94.04 25.02 04/23/2003 40.00 - 22.1202.6 HATFIELD, TED 211.4 7 133.92 77.55 04/23/2003 131.54 - 40.0154.4 HAYDEN, MARK & THERESA 227.43 30.00 197.43 3.0094.2 HESTER, CHRISTINE A 94.38 94.18 .20 OS/20/2003 46.07 - .31.3454.2 HICKMAN, JOHN 211.77 5.44 73.79 132.54 01/23/2003 80.49 - 51.3580.1 HIGGINBOTHAM, RON 170.35 100.32 70.03 04/22/2003 43.79 - 25.0032.1 HIGH DESERT 25.41 21.93 3.48 25.0012.1 HIGH DESERT 26.39 21.93 4.46 15.0059.2 Hill, SCOTT 107.44 91.18 16.26 05/20/2003 33.11 - 51.3390.1 HINKLE, J. & B. 66.98 66.00 .98 05/06/2003 31.53 - 34.0960.2 HODGES, DOALD & MARY 102.59 73.64 28.75 04/11/2003 28.75 - 20.1666.2 HOGUE, ELLEN & PHILLIP 102.11 69.60 32.51 03/14/2003 36.27 - 5.0722.1 HOLLEY, DAVID 257.78 140.52 117.26 04/16/2003 47.55 - 32.4090.1 HOLTON HOMES 25.41 21.93 3.48 51.4250.1 HOME PRO PLUMBING 344.57 344.57 02/27/2002 216.38 - 69.1276.2 HOWARD, DONALD & CAROLYN 71.50 43.37 28.13 04/16/2003 35.00 - 1.0420.1 HOWARD, TREVIS 180.30 56.72 121.58 03/06/2003 60.33 - 20.0454.1 HOWEll, DONALD 97.52 66.02 29.50 04/04/2003 35.00 - 74.2582.1 HUD/GOLDENFEATHER REAL n 103.67 66.66 34.99 03/17/2003 106.48 - 2.5130.1 HUD/GOLDENFEATHER REAL n 127.61 23.79 46.27 57.55 02112/2003 42.51 - 34.1764.2 HUD/GOlDENFEATHER REAL n 28.75 28.75 12101/2002 28.75 - 25.4024.2 HYMAS, AARON 75.95 50.96 24.99 19.7128.4 IBARRA, TEODORO III 170.54 29.13 141.41 51.2730.1 IDAHO FLEET SERVICE 141.29 104.22 37.07 51.2731.1 IDAHO FLEET SERVICE INC 66.30 61.84 4.46 48.2840.1 IDA-TRAN 3,081.63 291.86 652.31 928.67 1,208.79 02/12/2003 2,847.52 - 50.2550.1 INTERMOUNTAIN OUTDOOR SP 234.46 179.15 55.31 03/18/2003 51.55 - 33.2760.3 JACKCI, JEANETTE & JENNIFER 91.75 75.48 16.27 04/02/2003 72.54 - 2.5820.1 JACKSON,ROBERT 119.09 64.04 36.27 16.78 04/17/2003 50.00 - 65.3112.1 JACOBS, MARIE 71.44 42.69 28.75 03/17/2003 80.06 - 42.1934.4 JACOBSEN, FRANK 103.81 92.54 11.27 04/28/2003 35.00 - 50.4506.1 JACOBSON, BETTY B. 71.21 49.00 21.23 .98 03/17/2003 45.24 - 32.1552.1 JAKOMEIT. MICHAEL 126.63 86.60 40.03 04/22/2003 43.79 - 32.0936.1 JARDINE, MICHAEL 177.07 88.24 88.83 03/21/2003 123.82 - 19.1630.2 JENKINS, LEROY 66.01 66.00 .01 04/22/2003 61.25 - 19.0306.1 JOHN FLAHERTY CONSTRUCTIl 45.66 34.94 7.24 3.48 20.0430.1 JOHN J VNUK 67.30 40.50 21.23 5.57 04/01/2003 41 .90 - 42.3060.1 JOHNSON, MATHEW 139.26 105.54 33.72 04/23/2003 70.00 - 50.2354.1 JONES, LARA 112.57 72.54 40.03 03/19/2003 68.81 - 33.3572.1 JORDAN, KATHY 165.27 132.76 32.51 03/20/2003 73.79 - 2.4440.1 JORDAN, RONALD E. 71.58 71.56 .02 04/04/2003 65.00 - 46.0802.4 JUDY, VICTOR 156.79 115.02 41.77 04/23/2003 47.00 - 32.0522.2 JUHASZ, DON C. 193.72 128.46 65.26 04/22/2003 120.00 - ... in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account list- council Page: 5 Standard Payment Customers May 20,2003 04;18pm Current Period: 05/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 03/31/2003 02/2812003 01/31/2003 Date Amount 21.0028.2 KEENEY, DONLAN & ELlSABET~ 81.97 79.46 2.51 OS/20/2003 40.00 - 21.1826.1 KEITHLEY, ROBERT 150.01 77.50 72.51 03/19/2003 66.22 - 4.1886.3 KELTON, RANDY & ROBERT 189.61 69.60 58.75 28.75 32.51 4.1614.2 KENNEDY, MICHAEL 151.23 104.96 46.27 02/25/2003 49.95 - 32.1270.3 KENNING, JENNIFER 80.90 80.06 .84 04/22/2003 15.00 - 21.2728.1 KESLING, SCOTT & MONICA 78.51 78.48 .03 04/22/2003 73.71 - 42.1810.2 KESTER,ROBERT 77.75 77.50 .25 05/16/2003 38.50 - 42.1176.1 KHAMPHAY,VANASOUK 200.13 150.10 50.03 04/22/2003 54.11 - 21.3298.4 KIESECKER, DARRIN 144.31 94.50 49.81 04/21/2003 42.00 - 2.0426.2 KILMARTIN, E. JAMES & CAROL 161.77 96.78 64.99 03/19/2003 122.54 - 33.2704.2 KINDALL, DAVID 79.20 78.42 .78 05/0512003 42.00 - 50.2364.1 KING, KELLY R. 61.26 57.50 3.76 04/22/2003 53.74 - 31.1270.2 KLINT, CARL 254.34 84.76 65.39 56.27 47.92 02/18/2003 110.00 - 74.3836.1 KORTON, TOM & CATHY 95.84 91.50 4.34 05/06/2003 43.50 - 21.2106.4 KOUBA, WARREN 86.36 85.62 .74 05114/2003 43.00 - 32.1384.3 KRAHN, KELLY 67.01 66.98 .03 05112/2003 40.00 - 19.6642.1 KRENZ,ROY 172.50 106.52 64.99 .99 04/23/2003 34.00 - 3.0654.1 LAMBERT, KENNETH 197.11 62.14 64.99 31.23 38.75 02/13/2003 31.23 - 21.0184.4 LANDA, ISABEL 164.31 90.52 73.79 03/20/2003 83.82 . 1.0890.1 LANTZ, STAN 110.42 86.60 23.82 04/22/2003 60.00 . 46.0108.1 LAWRENCE, WENDELL & KATHI 115.65 68.68 19.95 27.02 01/30/2003 94.00 - 37.3398.2 LAWRENCE, WENDELL & KATHI 135.81 92.02 43.79 43.0370.2 LEMAR, RICK & MELISSA 143.55 93.52 50.03 04/22/2003 42.51 - 33.2714.1 LEV, LORI 87.18 70.96 16.22 04/2112003 50.00 - 31.3382.1 LEVITT, MONTE 154.01 103.98 50.03 04/2312003 53.79 - 15.0066.2 L1BASSI, MIKE 48.47 34.94 13.53 04/1112003 51.41 - 23.0002.1 LINDER CROSSING 63.79 33.62 15.07 7.55 7.55 15.0025.2 LONGSTREET,GARRETT 103.99 69.00 34.99 03/17/2003 34.99 - 19.7608.2 LOVELAND, DUANE E 63.41 42.60 20.81 12/1712002 19.99 - 20.0132.1 LOVELAND, JAMES 235.26 235.26 10/23/2002 80.28 - 6.1492.2 LOWRY, ROBERT & DEBI 144.00 103.70 40.30 04116/2003 50.00 - 21.2636.1 LUCERO, ROBERT & TRACY 50.00 50.00 04129/2003 50.00 - 2.5510.2 LUNA, JAMES & LORI 191.44 146.62 44.82 04123/2003 75.00 - 50.0140.1 LYNN, DEE R. 160.60 134.26 26.34 04/23/2003 65.00 - 33.2340.3 LYON, CHRIS & TAMMY 90.09 73.84 16.25 04/02/2003 107.52 - 74.3072.1 LYTLE, CHAD & STACEY 136.03 93.52 42.51 04/16/2003 50.03 - 50.2336.1 MAGNUSON, ERIC 118.21 109.46 8.75 04/23/2003 72.51 - 6.9858.2 MAl, CURTIS 43.24 36.68 6.56 03126/2003 30.00 - 32.4904.2 MAJORS, LYLE 41.48 40.50 .98 05/13/2003 20.25. 3.0056.2 MARCHANT, KIMBERLY 92.11 69.00 23.11 04/16/2003 40.00 - 50.4614.2 MARISU, LLC 669.69 494.93 174.76 04/17/2003 204.92 - 21.1760.1 MARKLE, JAMES 176.72 34.15 54.99 47.55 40.03 02113/2003 47.55 - 74.0394.1 MARKS,CARMEN 44.12 43.61 .51 04/07/2003 32.00 - 42.1206.1 MARTIN, LOREN 87.18 70.96 16.22 04/18/2003 80.00 - 35.1170.2 MARTINEZ, LUIS & VERONICA 90.03 86.98 3.05 05/05/2003 38.75 - 3.0306.5 MARTINEZ, MARIA 72.03 47.04 24.99 03/28/2003 42.46 - 74.3628.3 MARTINEZ, RICHARD 159.93 93.66 66.27 03/19/2003 89.25 - 51.4040.1 MATLOCK, JAMES 49.14 48.16 .98 05/07/2003 23.59 - 50.4821.1 MAWS #3 - SPRINLKER 3.48 3.48 12/27/2002 20.64 - 50.3888.1 MAXEY, STEFFANIE 92.79 64.04 28.75 04118/2003 32.51 . 2.1470.1 MAXWELL, MARGO 160.71 106.92 53.79 03118/2003 4627 - 2.0462.1 MCBRIDE, BRENT & JACKIE 95.70 95.10 .60 04122/2003 43.19 - 33.2266.1 MCBRIDE, KEVIN 90.32 6.42 68.83 15.07 04/17/2003 15.00 - 69.2258.4 MCCANDLESS, DOUG 64.79 51.05 13.74 04/22/2003 60.00 - 74.2826.2 MCCASHLAND, DAVID 95.54 95.48 .06 05/13/2003 46.00 - ... in Msg column indicates no Notice is to be sent :. ( i CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers May 20, 2003 04:19pm Current Period: 0513112003 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 0313112003 02/2612003 01/3112003 Date Amount 31.3474.1 MCDONALD, SHAWN 109.79 73.52 36.27 04/2212003 36.27 - 21.2114.3 MCGAHEY, JAMES & LISA 150.13 110.17 34.99 4.97 0211912003 100.00 - 31.0822.1 MCKAY, JOHN 184.01 125.18 58.83 04/22/2003 62.59 - 34.1972.3 MCKEE, LESLIE 121.55 85.28 36.27 0312612003 32.51 - 2.6270.5 MCKINLEY, JUNE 166.26 116.72 46.27 3.27 04122/2003 43.00 - 46.0558.2 MCKNIGHT, DANIEL 132.75 88.88 43.79 .08 0311712003 68.70 - 33.2556.1 MCLEAN, BRANDON 100.42 86.60 13.82 05/0512003 40.00 - 31.2192.2 MCMILLAN, VICKI 154.37 106.92 47.45 0412212003 50.00 - 1.2730.1 MELLEN, ANGELA 237.12 153.22 83.90 0412312003 90.00 - 21.1132.1 MELTON, GARY 135.87 89.60 46.27 04/22/2003 42.51 - 35.0408.2 MENDIOLA. GREG & CYNTHIA 91.34 72.54 18.80 04/28/2003 32.51 - 31.3304.2 MERCER. APRIL 153.63 43.79 51.31 58.53 02/11/2003 71.00 - 31.0494.2 MESZAROS, LILLI 148.30 103.00 45.30 04/22/2003 81.00 - 50.0554.2 METZGER. MICHELLE 148.43 148.43 06/2612002 65.00 - 33.0056.1 MIKE CARDINAL 579.16 579.16 10/2412001 322.22 - 20.1698.1 MILLER & ASSOC 151 .09 78.10 62.51 10.48 05/19/2003 10.00 - 2.5330.3 MILLER, CHARLES 210.09 121.26 88.83 04125/2003 96.39 - 74.3696.1 MILLER, GREGORY & ERICA 125.73 66.98 58.75 03119/2003 65.02 - 69.1278.1 MILLER, T C 98.64 56.13 42.51 04115/2003 65.92 - 20.1652.2 MOLEBASH, JOHN & MONICA 116.33 80.06 36.27 04117/2003 43.79 - 32.0988.1 MOODY, MARY 86.25 57.50 28.75 03/21/2003 28.75 - 22.2088.2 MOODY, SHAIN 96.55 71.56 24.99 04/21/2003 28.75 - 6.1918.2 MOORE, KENNETH & CHRISTIE 130.39 130.39 08/27/2002 27.00 - 2.0926.3 MOORE, MANDY 141.75 75.48 66.27 03/19/2003 97.53 - 31.3524.2 MORGAN, DAVID & LEAH 91.21 91.18 .03 05/1912003 40.00 - 13.0006.4 MORGAN, SKY & MADEL YNN 116.25 77.50 38.75 04/22/2003 41.26 - 3.0889.1 MORNING GLORY #2 HOA 10.44 10.44 1.0780.3 MORTENSEN. CAMMI 141.55 98.18 43.37 03/12/2003 122.82 - 34.0500.1 MOURITSEN, LAYNE 168.97 102.62 66.35 04/22/2003 47.55 - 32.0650.2 MOWRY,CHARLOTTE 74.97 49.98 24.99 05/19/2003 24.99 - 21.1122.1 MULLIN, MICHAEL 122.13 83.38 38.75 03/28/2003 64.99 - 19.7990.2 MUNKRES, MIKE 87.23 58.48 28.75 04/02/2003 57.50 - 74.2942.2 MYRICK, DONALD 132.06 93.14 38.92 04/25/2003 40.00 - 74.3654.3 NAGLE, GEORGE & JUDY 81.51 56.52 24.99 04/22/2003 24.99 - 22.1038.3 NAUMAN, EMILY 103.05 70.58 32.47 04/21/2003 36.31 - 33.3710.1 NEWKIRK. DAVID 149.19 101.64 47.55 0410412003 51.31 - 50.0034.1 NEWMAN, TIM 76.93 51.94 24.99 03/2612003 49.98 - 8.0140.1 NIELSEN, KIRT 87.68 80.72 3.48 3.48 22.1290.1 NIGH, MICHAEL 141.10 101.04 40.06 0412112003 60.00 - 4.1598.1 OGAN, JOHN & DAWN 99.94 69.98 29.96 04122/2003 30.00 - 13.8816.2 OLIVER, SHELLl 125.57 83.06 42.51 0411012003 42.51 - 32.4954.1 ONEIL HOMES 153.69 145.13 8.56 05119/2003 30.00 - 2.2748.4 PACK, PAUL 176.83 119.30 57.53 04122/2003 60.00 - 50.0742.3 PALMER. TROY & TAWNEE 77.59 52.60 21.23 3.76 04121/2003 21.23 - 34.2728.3 PALMER. TROY & TAWNEE 121.44 95.10 26.34 04114/2003 65.00 - 37.3654.1 PARI ERA CONSTRUCTION 63.13 34.94 17.47 7.24 3.48 9.9012.1 PATRIOT PROPERTIES LLC 28.35 24.87 3.48 88.0013.1 PAUL CONSTRUCTION 28.88 28.88 02121/2003 118.59 - 47.1138.2 PEARSON, DONALD 99.17 81.70 17.47 51.0748.6 PERKINS, CHARLES 77.80 59.46 18.34 04/14/2003 30.00 - 35.0101.2 PETRAIN, JAMES 175.39 89.14 28.75 28.75 28.75 02/12/2003 32.45 - 31.0156.3 PETTINGILL, LEWIS 97.68 83.98 13.70 04/1812003 65.00 - 34.1560.1 PHILP, HAROLD 115.34 99.34 16.00 04/02/2003 20.27 - 13.6654.1 PIONEER HOMES 25.41 21.93 3.48 42.0348.1 PIPAL, RANDALL & JULIE 124.59 82.08 42.51 03117/2003 73.74 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinq uent Account List- council Page: 7 Standard Payment Customers May 20, 2003 04:20pm Current Period: 05/31/2003 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/31/2003 02/28/2003 01/31/2003 Date Amount 21.2678.1 PITMAN, DONALD 130.80 68.34 34.99 27.47 02/12/2003 27.47 - 46.0250.3 POTTER, GWENDOLYN 136.72 69.92 40.03 26.77 02/19/2003 49.98 - 46.0824.2 POTTER, GWENDOLYN 68.25 68.02 .23 05/13/2003 31.00 - 32.4934.1 PRESTIGE HOMES 63.13 34.94 17.47 7.24 3.48 10.0068.2 PRIESS, JENNIFER 99.14 99.08 .06 OS/2012003 46.27 - 74.3418.2 PRINDLE, SHELLY 123.17 86.98 36.19 04/22/2003 75.00 . 42.2144.2 PURSIFUL, BRIAN & HEIDE 102.18 98.42 3.76 05/05/2003 42.51 - 1.0100.2 PYLICAN, WOODROW A. 194.03 62.74 54.99 36.27 40.03 02/18/2003 45.26. 34.1172.1 QUARNBERG, CARL & DOROTH 177.28 119.62 57.66 04/22/2003 60.00 - 74.0902.2 RACKHAM, LARRY 58.82 39.54 19.28 04/22/2003 58.82 - 52.1002.2 RAFANELLI & NAHAS 61.58 60.08 1.50 05/19/2003 30.53 - 21.2766.1 RANDALL, GLENDA 87.97 60.50 27.47 03/1712003 58.70 - 74.3562.4 RANDOM, DUANE & MICHELLE 112.49 77.50 34.99 03/18/2003 77.50 - 2.5670.1 RANSOM, JAMES R. 77.43 77.12 .31 05/1912003 32.51 - 21.1754.2 RASMUSSEN, DANIEL & JENNIF 101.03 65.02 28.75 7.26 03f1812003 54.00 . 16.3001.1 RATCLIFFE INVESTMENTS 20.88 20.88 50.2390.2 REED, LORETTA 210.49 144.14 66.35 04121/2003 70.11 - 2.0412.2 REID, JOHN 293.19 198.04 95.15 04/23f2003 61.31. 33.4578.1 RHiNEHART, DOUG & MARY 102.63 89.92 12.71 04/22/2003 50.00 - 51.3154.5 RICKORDS, SHANNON 66.47 61.48 4.99 03/17/2003 61.23 - 34.1694.2 RIDGEWAY, STEPHAN 176.17 109.82 66.35 04/01/2003 102.62 - 42.0310.3 RINKE, JOE & SMITH, RANDALL 102.04 74.50 27.54 04/2212003 45.00 - 33.3726.1 RISH CONSTRUCTION, MERRill 89.57 89.54 .03 04/22/2003 40.00 - 75.0112.1 ROARING SPRINGS WATER PAl 507.69 488.86 18.83 04/22/2003 18.83 - 22.2072.2 ROBERTS, CATHERIN 17.75 17.75 11f2112002 53.25 - 1.2060.3 ROBIN RICE TRUST 108.80 73.86 17.47 17.47 15.0118.2 ROBISON, DAVID 93.42 50.96 21.23 21.23 03/1212003 57.50 - 34.1946.4 ROSIN, DOUGLAS & KIMBERLY 98.35 69.60 28.75 04/2112003 65.02 - 74.2708.5 ROSS, EUGENE 104.62 82.02 22.60 04/22/2003 60.00 . 40.0414.1 ROY, TED 121.07 81.04 40.03 03/10/2003 80.06- 22.2146.2 RUEPPEL, RONALD 117.69 92.54 25.15 05/13/2003 35.00. 2.3180.1 RYAN, WALTER 102.27 73.52 28.75 04/3012003 66.27. 74.3432.2 SAGER, LEE & NADEAN 118.81 82.54 36.27 03/27/2003 43.79 - 19.7156.1 SALAZAR, DANIEL 93.24 66.98 26.26 04/22/2003 35.00 - 34.1078.2 SAVElBERG, DOYLE 127.26 66.00 36.27 24.99 02127/2003 57.50 - 88.0035.1 SCARISBRICK DENTAL LAB 25.00 25.00 22.1386.1 SCHAEFFER, MICHAEL 151.23 104.96 46.27 04/0412003 100.06 - 31.3266.3 SCHLITT, GARY 108.33 89.54 18.79 04/29/2003 25.00 - 34.2122.1 SCHMIDT, GLEN 116.65 80.38 36.27 04122/2003 32.54 - 74.3170.2 SCHNEIDERMAN, MATTHEW 142.57 100.06 42.51 03126/2003 50.03 - 42.3050.1 SCHOLZ, lESLlE 123.11 84.36 38.75 0412212003 38.75 - 21.1870.1 SCHOPPELREY, DOUGLAS & CI 98.58 93.52 5.06 OS/20/2003 46.27 - 34.2144.2 SCHRANK. THOMAS 110.45 110.14 .31 05/19/2003 51.00 - 37.3846.1 SCHROEDER ENT INC 28.35 23.89 4.46 32.0622.4 SCHUSTER, BILL & LESLIE 157.02 85.02 38.75 33.25 05/06/2003 64.26 - 21.0072.2 SCHWEHR, AMBER & MATT 99.49 66.98 32.51 04/0212003 32.51 - 34.2760.4 SEALY, CANDYCE 149.03 105.24 43.79 03/17/2003 95.10 - 3.0677.1 SECO ASSOCIATES INC 18.82 18.82 09/18/2002 14.12 - 74.2718.2 SELLS, DAVID 113.47 78.48 34.99 04/18/2003 42.51 - 33.1848.4 SHARON, TAMARA 74.97 49.98 24.99 03/1012003 24.99 - 32.0970.4 SHEARER, JOE & RENEITA 150.09 100.06 50.03 04/18/2003 46.27 - 50.1910.4 SHEl TRON, ROGER 111.75 75.48 36.27 04/22/2003 65.30 - 50.0292.1 SHOEMAKER, TAMI 208.01 84.64 66.27 43.79 13.31 04/07/2003 50.00 - 34.0528.2 SilVA, STEVEN 98.96 70.96 28.00 OS/20/2003 28.25 . 69.1292.3 SIMMONS, BRETT 115.42 52.83 62.59 04/04/2003 51.31 . ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers May 20, 2003 04:20pm Current Period: 05/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/31/2003 02/28/2003 01/31/2003 Dale Amount 21.2836.2 SINGLETON, RODNEY 178.85 138.62 40.23 04123/2003 150.00. 3.0038.1 SKOGERSON,THOMAS 94.35 63.12 31.23 03112/2003 27.47 - 14.5007.2 SNODGRASS, JAMES & JANET 127.42 62.40 36.27 28.75 02/14/2003 21.23 - 32.1576.1 SON, DAVID & SHELLlE 63.15 42.46 20.69 04/29/2003 43.00 - 21.3164.1 SOWER. MICHAEL 113.96 88.94 25.02 04/15/2003 50.00 - 2.0180.2 SPANGLER, STEVE 73.99 49.00 24.99 03/12/2003 45.97 - 2.3430.1 SPEARS, BRYCE J. 178.28 168.68 9.60 OS/20/2003 75.08 - 32.1686.3 ST GEORGE, JASON 90.01 65.02 24.99 03/26/2003 96.30 - 3.0426.2 STAGGERS, PERRY 163.04 98.02 65.02 04/23/2003 100.00 - 31.0496.1 STERTZ,SUSAN 89.11 88.56 .55 05/1512003 47.00 - 32.0824.4 STEVENS, LARRY 170.28 120.96 49.32 04/2312003 72.00 - 2.5400.3 STEVENSON, SHAWN & JANETl 102.27 73.52 28.75 04/02/2003 32.51 - 20.1688.3 STOLZ, DONALD 107.86 95.40 12.46 0412312003 80.00 - 25.1020.2 STRAWN, JOEL & MARGOT ANf\ 77.31 52.32 24.99 0410812003 17.47 - 21.2922.3 STUART, DEAN & DIANE 191.37 137.58 53.79 04123/2003 46.27 - 19.0224.6 SWANSON, WAYNE 156.31 98.76 57.55 04/04/2003 87.55 - 42.2350.2 TADEVIC, GEORGE 114.04 113.46 .58 05/13/2003 57.00 - 6.1502.1 TAYLOR, MAT 80.03 53.68 26.35 03/18/2003 26.35 - 20.1965.4 TECO INV 83.03 54.70 28.33 03/27/2003 28.33 - 50.1020.1 TECO INVESTMENTS 132.70 89.54 43.16 0410112003 91.00 - 32.5500.1 THE CHURCH OF JESUS CHRIS 149.03 66.78 59.63 15.07 7.55 4.1400.1 THIES, GREGORY 81.42 81.42 12/03/2002 59.17 - 51.1172.2 THOMAS1ANDERSONPARTNER 89.10 59.10 30.00 03/26/2003 118.20 - 22.1032.1 THOMPSON, REN 131.61 92.86 38.75 03/18/2003 34.99 - 50.2110.2 THOMPSON, RHONDA 138.89 95.10 43.79 03/17/2003 85.13 - 2.5360.1 TIDWELL, ROBERT 84.91 84.64 .27 OS/20/2003 36.00 . 2.4062.4 TIMBERLINE INVESTMENTS 193.46 77.18 42.51 38.75 35.02 03/19/2003 40.00. 42.2714.3 TOWNSEND, DAVE & JOYCE 109.17 109.17 35.3028.1 TRINITY HOMES 154.49 76.94 77.55 03/19/2003 102.06 - 25.4026.1 TUSCANY HOMES 109.48 109.48 13.2072.1 TUTILE, TAMI 133.25 86.98 46.27 03/1712003 81.26 - 22.1138.4 TYSON, JAMES 93.69 62.46 31.23 03/1812003 62.46 - 50.4522.1 UGARRIZA, SHELBY 103.01 68.02 34.99 04/0212003 31.23 - 32.0249.1 US BANCORP, #300-3368 700.00 700.00 0111412003 3.48- 20.3221.1 VALLI BUILDERS 120.01 81.26 38.75 0112312003 152.58 - 19.0120.2 VANLEUVEN,MATIHEW 104.75 86.00 18.75 0312012003 50.00 . 31.2304.4 VARIN, ANDREW 100.59 98.04 2.55 0512012003 45.00 . 21.1032.1 VELADA, FEDERICO 115.26 76.52 38.74 04/21/2003 35.00 - 19.0352.2 VILLARREAL, VERONICA 69.67 62.46 7.21 03112/2003 82.75 - 21.0080.1 VINCENT, SPARKY 451.82 203.42 128.91 119.49 0511912003 75.00 - 30.6999.1 W H MOORE 304.44 276.46 27.98 2.1430.4 WADDOUPS, DOROTHY 160.60 106.22 54.38 03127/2003 52.00 - 35.5017.2 WAGEMAN, CLINT 148.38 82.02 40.03 26.33 04125/2003 65.03 - 31.3464.2 WALBORN, KRIS & CARR, TERR 119.27 119.27 10122/2002 79.82 - 20.3050.1 WALLKER BUILDING 63.13 38.70 17.47 3.48 3.48 46.0860.2 WALMER, TAMMY JO 109.95 69.98 34.99 4.98 0311812003 65.00 - 34.1938.1 WALSH, RACHAEL A. 139.16 139.16 03104/2003 50.00 - 1.3340.1 WALSH, RON 136.52 136.52 0111612002 29.17 - 22.1734.1 WALTERS, J. SCOTI 88.65 88.56 .09 0512012003 43.70 - 74.3426.1 WARDEN. CAROLYNE 168.91 117.68 51.23 03/19/2003 116.91 - 32.0662.3 WARE. RANDY & BETH 119.11 79.08 40.03 04/21/2003 36.27 - 31.3388.1 WATSON, COREY S 130.39 86.60 43.79 04/22/2003 40.03 - 43.0396.3 WELCH, ROBERT & TIFFANY 133.90 122.62 11.28 04/22/2003 65.07 - 65.3116.1 WELLS, DARIN 34.19 33.21 .98 05113/2003 27.77 - 31.3322.1 WESTON, DECKER 146.42 146.02 .40 04/23/2003 106.05 - ... in Msg column indicates no Notice is to be sent f/ i I CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers May 20, 2003 04:21pm Current Period: 05/31f2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03f31/2003 02/28/2003 01/31/2003 Date Amount 32.0846.1 WHITE, LUCILLE 69.02 68.94 .08 05/05f2003 28.75 - 74.0064.2 WHITSITT, JOSEPH 223.60 150.36 73.24 04/25f2003 116.00 - 35.0097.2 WHITTED, NEIL & CHRISTINE 106.03 73.52 32.51 04/18/2003 36.27 - 21.1590.1 WHITTEN, DAVID 104.99 89.26 15.73 05f19/2003 20.00 - 34.1508.1 WIARS, CAROLYN J. 121.63 107.84 13.79 04f09/2003 91.83 - 69.1300.1 WIDDISON, SCOTT 74.79 72.01 2.78 05f06/2003 68.53 - 15.0049.2 WILFORD, JOHN & ANDERSON. 97.37 68.62 28.75 03/13/2003 28.75 - 50.0588.2 WILKINSON, DAVID 71.72 67.96 3.76 04/22/2003 17.47 - 13.2032.2 WILLIAM TYDINGS 133.17 93.14 40.03 04/24/2003 47.55 - 32.1252.2 WILLIAMSON, DALE 86.56 57.50 29.08 04/10/2003 40.00 - 69.0626.2 WINSLOW, PHILLIP & VICTORIA 126.42 68.87 57.55 04/21/2003 57.55 - 50.2302.1 WINTERTON. DARIN 77.28 73.52 3.76 04/22/2003 68.78 - 74.0094.3 WINWOOD, RANDY & CATHY 125.95 102.86 23.09 04/0212003 175.00 . 32.0500.3 WOLF, STEVEN & MARTINEZ, V. 123.04 83.98 39.06 04/22/2003 50.00 - 14.3610.2 WRIGHT, BRANDON 106.85 78.10 28.75 03f18/2003 40.03 - 74.3348.6 YEATTS, PAMELA 337.02 337.02 11120/2002 43.67 - 2.0680.1 YOUNG, AUSTIN L 144.64 99.26 45.38 05/06/2003 45.38 - 7.1072.1 YOUNG, MIKE & ROBIN 73.01 48.02 24.99 04102/2003 53.74 - 50.3784.1 ZAVALA, JOSE 134.74 72.54 62.20 03/19/2003 70.00 - Grand Totals: 60,585.38 36,042.52 15,440.00 3,551.05 5,551.81 Report Criteria: Terminated customers not included Customer.Cust No" {<:} 9900000 ... in Msg column indicates no Notice is to be sent