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Home My WebLink About2003-05-06 CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING AGENDA Tuesday, May 6, 2003 at 6:00 p.m. Meridian City Hall City Council Chambers 1. Roll-call Attendance: =f Tammy de Weerd X Bill Nary Cherie McCandless )( Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: ~ V.<L.-- 3. Executive Session per Idaho Code 67-2345(1)(c) and (f): (1 hour*) /l (? de?IJ/chJ * 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 Meeting Agenda - May 6, 2003 Page 1 of 1 All materials presented at public meetings shall become propcrty ofthe City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~t~it . oU;;~~;dl;~-"; ,. " " v \ IU{\HO ~f M jY '~(;'~:~:""~"_""" ,"";~,,Y'~}!'>c:k' GENERAL FUND REVENUES Property Taxes Intergovernment Revenue Licenses & Permits Service Fees Interest & Misc Revenue I TOTAL FY03 REVENUE $ Use of Park Impact Fund Balance Use of Fire Truck Fund Balance Use of Gen Fund Balance I TOTAL REVENUES $ FY2003 APPROVED BUDGET SUMMARY 6,146,883 2,530,600 1,689,519 1,617,722 504,400 12,489,1241 210,000 152,000 3,164,229 16,015,353 I EXPENDITURES Personnel General Admin 264,074 Mayor 119,187 Finance & Accounting 186,309 Human Resources 82,432 Police Department 3,856,461 Fire Department 2,065,074 Parks & Recreation 457,358 Planning & Zoning 486,500 Building Department 74,205 addition to Ca itallm rovement Fund Balance TOTAL GENERAL EXPENDITURES ENTERPRISE FUND REVENUES Water & Sewer Revenues Interest & Misc I TOTAL FY03 REVENUE $ Use of Enter rise Fund Balance TOTAL REVENUE $ EXPENDITURES Public Works MUBS Water Department WWTP addition to Enterprise Fund Balance 1 TOTAL ENTERPRISE EXPENDITURES TOTAL CITY EXPENDITURES 7,591,600 10,369,310 1,338,880 11,708,190 I 5,588,625 17,296.815 Personnel 797,153 224,666 789,498 1,354,674 3,165,991 10,757,591 Capital/Carry Forward Building 30% Department________ I 5% ~ Planning & Zoning 5% Operating 870,514 34,200 50,850 35,350 999,966 374,480 251,040 278,681 695,925 3,591.006 Capital/Carry Forward 57% Operating 122,536 188,375 1,868,916 2,186,823 4.366.650 7,957,656 FY2003 GENERAL FUND Police Department 31% Capital/Carry 1,875,000 1,500 9,200 4,700 372,500 217,800 1,956,324 32,000 EXPENDITURES 3,009,588 154,887 246,359 122,482 5,228,927 2,657,354 2,664,722 797,181 770,130 363,723 16,015,353 363,723 4,832,747 $ FY2003 ENTERPRISE FUND Public Works 5% MUBS r 2% Water Department 15% Capital/Carry 38,930 13,000 3,007,100 5,617,725 1,087,419 9.764,1741 $ 14,596,921 I $ EXPENDITURES 958,619 426,041 5,665,514 9,159,222 1,087,419 17,296,8151 33.312.1681 MAYOR Robert D. Corrie ?lLoJ./ ~ost for V~lo'iC(~oHcv- Thf1YlIe6 .""...;:;.~ fJ ....... LEGAL DEPARTMENT ,:C'~ _'. !" (208) 288-2499. Fax 288-250! l'k.-' ,,:r.. oW; CITY OF I~~i: .... PARKS & RECREATION . J . ,~-'<- ~ ...\,~ (208888-3579' Fax 898-5501 OtJ J/~, PUBLIC WORKS erl Ian '} (208) 898-5500 'Fax 887-]297 JDAHO lY ,/ Qmcr , : 1903 BUILDING DEPARTMENT (208) 887-221 I . Fax 887-1297 PLANNING AND 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 Avenue, Meridian, Idaho, on Tuesday, May 6,2003 at 6:00 P.M. The Meridian City Council will be discussing one item which is an Executive Session (the session is closed to the public) in accordance with Idaho State Code 67-2345 (1)(c) and (t). The public is welcome to attend the pre-council meeting but the executive session will be closed to the public. DATED this 2nd day of May, 2003. \ \ \ \ 1111111/1/ 111\ III \\\\1_1 of MEiul"""/// ,,' ~~ VL..1 -/ .:::"" (} f\POD A "1-- ~ ;; ~cP ''''i/,,"~ -::;. :::: ~ <::) ~ - ~ 33 EAST IDAHO · 1v1ERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884--8723 ~lt~ Vb~~ tn{ f\Jb\ivr0ohcD -"Thtlvtk2:, CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING AGENDA Tuesday, May 6,2003 at 6:00 p.m. Meridian City Hall 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. Executive Session per Idaho Code 67-2345(1)(c) and (f): (1 hour*) '" 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 Meeting Agenda - May 6, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone lfusiring accommodation for disabilities related to documents and/or bearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. .,/'."" MAY 132 '133 15(~ ** TX CON, ITION REPORT ** AS OF PRGE.01 CITY OF MER1DIRN DATE TIME TO/FROM MODE MIW5EC PGS CMDll STRTUS 08 05/132 14: 34 381<l160 EC--S 00'52" 0132 042 OK 09 05/132 14:35 PUBLIC WORKS UF--S 00'23" 002 042 OK 10 135/132 14:37 8841159 EC--S 00'33" 002 042 OK 11 05/02 14'38 2088840744 EC--S 00'33" 002 042 OK 12 05/02 14'39 2088467366 EC--S 00'34" 002 1342 OK 13 05/02 14'40 8985501 EC--S 00'33" 002 042 OK 14 05/02 14'41 L1BRFlRY EC-S 00'41" 002 042 OK 15 00/02 14'42 92083776449 EC--S 00'32" 0132 042 OK 16 05/132 14:43 208 388 6924 EC--S 00'39" 002 042 OK 17 00/132 14:44 2088886854 EC--S 00'33" 002 042 OK 18 05/132 14:45 2084674538 EC--S 013'33" 002 042 OK 19 05/02 14'46 89513390 EC--S 00'33" 002 042 OK 213 05/132 14:48 208 387 6393 EC--S 00'34" 1302 042 OK 21 135/132 14:49 ADA CTY DEVELMT G3--S 01 '09" 002 042 OK 22 05/02 14: 51 CHERRY LANE EC--S 00'40" 002 042 OK 23 05/02 14:52 POST OFFICE EC--S 013'51" 002 042 OK 24 05/132 14:53 208 888 1983 G3--S 130'48" 002 042 OK 2S 05/132 14: 55 ID PRESS TR [ELINE EC--S 1313'35" 002 042 OK 26 135/132 14'56 208 888 6700 EC--S 00'35" 002 042 OK 29 05/02 15'131 20846644135 EC--S 00'33" 13132 042 OK -------------------------------------------------------------------------------------------- ~LL~ QOSt tof fvb\ivr\Jot-icu -1htjVl~ CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING AGENDA Tuesday, May 6, 2003 at 6:00 p.m. Meridian City Hall 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. Executive Session per Idaho Code 67-2345(1)(C) and (f): (1 hour") . Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridioo City c..u.ri1 l'r<-C"""cil M.....& ^~do - MBy 0. 2003 ha< I of' All nwaUh 1""'<21l.<d 11. putt." "_I:' d>&ll-P'''l'<''Y .rlbo Cio/ofMtridiaa. Anyo.. droiriog AL"OOOIIII.<loli.. f... diJabil;ti" <<l.oI"" '" dowmtols oodI... bcorioll" plw. """-'ct lb. City Cl,",', 0IIi.... 8lIg.j433 U 1_41 """'" prior l<>1h. pIIiIlie "'.""'r;. / ** TX CONFIRMA. ...1'1 REPORT ** ( AS OF MAY 06 '03<:;...):53 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDlt STATUS 28 05/06 23:49 381€l160 EC--S 00'25" 001 072 OK 29 05/06 23:49 PUBLIC WORKS UF--S 0€l'09" €l01 072 OK 30 05/06 23:50 120846644€l5 EC--S 0€l'19" 001 072 OK 31 05/06 23:51 8841159 EC--S 00'19" €l01 072 OK --------~-----------------~---------~-------------------~----------------------------------- CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING AGENDA Tuesday, May 6. 2003 at 6:00 p.m. Meridian City Hall City Council Chambers 1. Roll-call Attendance: ---..X-. Tammy de Weerd K Bill Nary ---X.... Cherie McCandless ~ Keith Bird -L Mayor Robert Corrie 2. Adoption of the Agenda: ~V-I..-- 3. Executive Session per Idaho Code 67.2345(1)(c) and (f): (1 hour") /l p tfec,iJ'/.nJ * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. M<rit.lian City COWlcll I'lv-Coo.ncil M"''''e Ae"'"l>.- Mny 6. 2003 ~.go 1 of 1 All m.tOtio.b ~d atv~hl<e mooting::; .W! booomeproperty oflhe City ofMcridillll. Anyone deoiting =mmo~Oli tor disnbilitie. Mlod to dooumCllU and/or hoarins; pl~.. COnlad the Cily Clorlc', offiee at 8R&4433 at le~st 4$ bours pno,.lo lhe p~blio meeting. ** TX CONFIRMAT._" REPORT ** ( AS OF MAY 02 '0::'..:5:17 PAGE. 01 CITY OF MERIDIAN -------------------~~------------------------~------------------------------------------~--- 05 07 DATE TIME TO/FROM 1215/02 15:14 Laurel 05/02 15:17 JIM JOHNSON CMD;! STATUS 042 OK 042 BUSY MODE EC--S ----S MIN/SEC PGS 00' 35" 002 00'0121" 1211210 ~lt~ QDSr to{ fvb\\vr0Dt-iQ/-Tht1Vl~ CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING AGENDA Tuesday, May 6, 2003 at 6:00 p.m. Meridian City Hall City Council Chambers 1. Roll-calJ Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Executive Session per Idaho Code 67-2345(1)(c) and (f): (1 hou"") .Approximate allowable time sat for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian Ci1:y Council Prc-council Mootins AgfllldA - Mn)' 6. 2003 ~ I of I All m;)!~ JlI'c:lIcntcdat public mOOCings sbaIl "- propmy orlbe City otMeridian. .<\Dy'..'c &-airing ~O(ImmodaliO!l far dilllbilitica relauld ro dQ~ mellor bcarixlg; pleuc coo1Qc:t Ibc City elm:', Offio~ III 8884433 lit lcal1t 48lloot. prior to the public nlc<ti.cg. ** TX CONF ( ION REPORT ** AS OF ( PAGE. 01 MAY 137 '1330L CITY OF MERIDIAN DATE TIM!;: TOI'FROM MODE MIWSEC PGS CMDIl STATUS 131 13Sl'e623:S3 213888413744 EC--S 1313' 19" 13131 1372 OK 132 1351'136 23:S4 2088467366 EC--5 013' 213" 1301 1372 OK 133 1351'06 23:SS 898S5131 EC--S 1313' 18" 121131 1372 OK 04 0SI'12I6 23:56 LIBRARY EC--S 12113'2121" 01211 e72 OK es 1351'06 23:57 921383776449 EC--5 013' 19" 001 e72 OK 06 eSI'06 23:57 208 388 6924 EC--S 1313'20" 13131 072 OK 07 0SI'06 23:58 21388886854 EC--S 130'18" 001 072 OK la8 051'136 23:59 8950390 EC--S 00'18" 001 1372 OK 09 1351'137 00:013 208 387 6393 EC--S 013'19" 001 1372 OK 10 eSI'e7 00:131 ADA CTY DEVELMT G3--S 00'39" eel 072 OK 11 135/07 013:02 CHERRY LANE EC--S 1313' 213" 001 072 OK 12 135/1217 013:133 POST OFFICE EC--S ee'26" 1301 1372 OK 13 13SI'137 1313:134 2e8 888 1983 G3--S 013'26" e01 1372 OK 14 051'07 00'05 [D PRESS TRIBUNE EC--S 1313'20" 13131 e72 OK 15 e51'e7 130:136 208 888 6700 EC--S 130'213" 1301 072 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL PRE.cOUNCIL MEETING AGENDA Tuesday, May 6, 2003 at 8:00 p.m. Meridian City Hall City Council Chambers 1. Roll-call Attendance: 1 Tammy de Weerd )( Bill Nary I Cherie McCandless Y Keith Bird l Mayor Robert Corrie 2. Adoption of the Agenda: ~ 1>"...... 3. Executive Session per Idaho Code 67-2345(1)(c) and (f): (1 hour") /U? d0;;J',',n....! · Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guidoline only. M<ridi"" City C.""oi! Pr..co""cil M...;ne AJl<tlw.- Mny6.1003 Pace I of 1 All mnlonw ~otpubl;. mom.p dr.,lI beoomo prt>p<riy .f!he City ofMcridi... Anytlll<: .ck&:Uit18&:lOOmmo~w Car disah~~:itie$ Jdatc.d to documcou: .:mdfar houing."i pl..,u "D1u<tlbe City Cletl<'. Office lit 8RR-4433 >t 1...t 48 hour$ priw '" Ibe publie me"'",!), May 9, 2003 MERIDIAN CITY COUNCIL MEETING May 13, 2003 APPLICANT REQUEST Approve minutes of May 6, 2003 Pre-Council Meeting ITEM NO. 3-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 CITY COUNCIL PRE-COUNCIL MEETING AGENDA Tuesda~May6,2003 at 6:00 p.m. Meridian City Hall City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Executive Session per Idaho Code 67-2345(1)(c) and (f): No Decision (1 hour*) * 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 Meeting Agenda - May 6,2003 Page 1 of 1 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Oftice at 888.4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meeting May 6, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, May 6,2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Bill Nary, and Cherie McCandless. Others Present: Bill Nichols, Brad Hawkins-Clark, Anna Powell, Brad Watson, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: We'll open the Pre-Council Meeting on Tuesday, May 6, 2003 at 6:00 P.M. At this time, I would like to have roll call attendance by the City Clerk. Item 2. Adoption of the Agenda: Corrie: The second item on the agenda is the adoption of the agenda. Council your plaintiff. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we adopt the agenda as published. De Weerd: Second. Corrie: Motion been made and second to adopt the agenda as published any further discussion. Hearing none all those in favor of the motion say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Item 3. Executive Session per Idaho Code 67-2345(1)(c) and (f): Corrie: Item 3 is Executive Session. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Pre-Council Meeting May 6,2003 Page 2 of 3 De Weerd: I move we go into Executive Session per Idaho Code 67-2345(1 )(c) and (f). Bird: Second. Corrie: Motion been made and second to go into Executive Session. Any further discussion roll call vote Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: All ayes motion is approved we'll go into Executive Session. MOTION CARRIED: ALL AYES (Return at 7:08 P.M.) Corrie: Okay I will entertain a motion to come out of Executive Session City Council. Bird: So moved. McCandless: Second. Corrie: Motion been made and second to come out of the Executive Session any further discussion. Hearing none roll call vote please Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: All ayes motion is approved. Let the record show that no standing decisions were made at the Executive Session. MOTION CARRIED: ALL AYES Corrie: At this time, I will entertain a motion to close the Executive Session. De Weerd: Mr. Mayor. Corrie: Excuse me the Pre-Council Meeting. De Weerd: I move that we close Pre-Council. Bird: Second. Meridian City Pre-Council Meeting May 6, 2003 Page 3 of 3 Corrie: Motion has been made and second to close the Pre-Council Meeting. Any further discussion all those in favor say aye. Opposed no. All ayes motion carried. The meeting is closed at 7:10. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: , e Iv.eel-d- / c/h; {!/?uncd fte.r/d eA- t 5 ;($ ;tJ3 DATE ~ ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 6, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd X Cherie McCandless )( (< Mayor Robert Corrie t 2. Adoption of the Agenda: ~fAIl---' K X Bill Nary Keith Bird 3. Consent Agenda: A. Approve minutes of March 25, 2003 Pre-Council Meeting: t%pjl.1Y'O ~ B. Approve minutes of April 1, 2003 Pre-Council Meeting: ~p-nov~ c. Approve minutes of April 15, 2003 City Council Regular Meeting: Uf~ ~ D. Approve minutes of April 22, 2003 City Council Regular Meeting: ~(Il-U 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-Q zones for Central Vallev Baptist Church by Central Valley- Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: ~ fJYV V\L ~. 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: CZjJpY'I?V"<- ti 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 - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: ~v.e...- Meridian City Council Agenda ~ May 6, 2003 Page 1 of3 All materials presented at public meetings shall become property oftlle 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. , 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: appy~V'V' ..r. Findings of Fact and Conclusions of law for Approval: RZ 03- 001 Request for a Rezone of 6.95 acres from L-Q to L-Q and C-G zones for Manane Commercial Complex by The Land Group, Inc. - north of East Fairvrew Avenue and west of North Eagle Road: &f /h'??f/l-V ;(' Approve Beer and Wine License Transfers for Idaho Pizza Company from 120 E. Fairview to 405 East Fairview Avenue: ~V'-<--' .Ie' Addendum to lease for Meridian Chamber of Commerce: ~VK--- JI. Approve liquor license Application for EI Tenampa by Susan Goodwin - 906 North Main Street: ~19~ M. Approve Agreement for Hookup to City Sewer and Annexation - Anthony Mahatv: ap~ V'<- N. Approve Change Order No. 1 for the White Drain Sewer Trunk Project - Thueson Construction, Inc.: CZf~V'-</ n: Award Bid I Contract for 2003 locust Grove Sewer and Water Line - Bitterroot Construction: PPJ'1Y1Pv...e-- ..p: Approve Bills: u"'PPVV~ 4. Department Reports: - ft-On...!- 5. (Items Moved from Consent Agenda): - hAJi'\..ie- 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 Crossino Subdivision by CMO, Inc. I Doug Campbell - North Linder Road and West McMillan Road: Ufpn9Vtf-- 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: ~ v<- Meridian City Council Agenda - May 6, 2003 Page 2 of3 Ail materials presented at public meetings shall become property of the City of Meridjan. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 8. 9. 10. 11. 12. 13. 14. 15. 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: a~rj'\ed fo jJY'.ej?~ /'/~.( e.1-e /rh- apJ1n?v~ Public Hearing: RZ 03-003 Request for a Rezone of 0.35 acres from R- 4 to Q-T zones for Merlyn Schmeckpeper by Merlyn Schmeckpeper - 230 West Pine. Av~nue: . r/ r J) Ii # f~ - de-rt Cc..L tz/fcrrney to P.efldA,( rl-r "T e...( 7VY- I Public Hearing: 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: r_~ tZ-I/7ff/1 ej to fJY.ef~ n.p :I elL rv r c;:&rt/'CU.,; 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: aHrvrt.2j .f.o /1Y..(.jP~ .//~ -I c 1,[ ;;;r ~v~ Public Hearing: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake Villa~e by Hummel Architects, P.A - east of South Eqgle Road on East Franklin Road: a-fftrrN-j h fY<epNLe. ';::/-t: f el---e -IPv 6'fPYc>va..e... Public Hearing: 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 Comer by Van Hees Properties, LLC - southwest corner of West Franklin Road and South Linder Road: afh-rn.€1 Iv jJr.er/N~ ~/~ .[ c(.e /h- -~~v~ 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: at-/Vrl1ey fo fJYejJ~ +I? -f el.-r. /in- ~va..R..- 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: Otn-vt'Jh ~ 1/ k 1-0 /h.tv1- 20 -rj; I 2.- /? (/3 Meridian City Council Agenda - May 6, 2003 Page 3 00 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the puhlic meeting. ~lfu-~ PD~t -tn( PvblfJ NO~QJ/ 10Cl~- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 6, 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 March 25, 2003 Pre-Council Meeting: B. Approve minutes of April 1, 2003 Pre-Council Meeting: c. Approve minutes of April 15, 2003 City Council Regular Meeting: D, Approve minutes of April 22, 2003 City Council Regular Meeting: 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-Q zones for Central Vallev Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: 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: 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-8zone 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: Meridian City Council Agenda - May 6, 2003 Page] of3 All materials presented at public meetings shall become property of the City of Meridian Anyone desiring acconunodation for disabilities related to d9cuments and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 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: I. Findings of Fact and Conclusions of Law for Approval: 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: J. Approve Beer and Wine License Transfers for Idaho Pizza Company from 120 E. Fairview to 405 East Fairview Avenue: K. Addendum to Lease for Meridian Chamber of Commerce: L. Approve Liquor License Application for EI Tenampa by Susan Goodwin - 906 North Main Street: M. Approve Agreement for Hookup to City Sewer and Annexation - Anthony Mahatv: N. Approve Change Order No. 1 for the White Drain Sewer Trunk Project - Thueson Construction, Inc.: o. Award Bid I Contract for 2003 Locust Grove Sewer and Water Line - Bitterroot Construction: P. Approve Bills: 4. Department Reports: 5. (Items Moved from Consent Agenda): 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 Crossina Subdivision by CMD, Inc. I Doug Campbell - North Linder Road and West McMillan Road: 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: Meridian City Council Agenda - May 6, 2003 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 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: 9. Public Hearing: 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: 10, Public Hearing: CUP 03-006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed 0- T zone for Sunshine Academv by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue: 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: 12. Public Hearing: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake Villaae by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: 13. Public Hearing: 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 Comer by Van Hees Properties, LLC - southwest corner of West Franklin Road and South Linder Road: 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: 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: Meridian City Council Agenda - May 6, 2003 Page 3 of3 All materials presented at public meetings shall become property oftbe City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ; { ** TX CONF j""t'lTlON REPORT ** AS OF MAY e2 '133 1~>. PAGE _ ell CITY OF MERIOIAN DATE TIME: TO/FROM MODE MIW5E:C PGS CMDIl STATUS 01 051'02 15: 07 2088467366 EC--S 131'00" ElEl3 043 OK 132 1351'02 15:09 8985501 EC--S 00'58" 003 043 OK 03 05/02 15:11 LIBRARY EC--5 01' 17" 003 043 OK 04 05/02 15:13 92083776449 EC--S 00' 59" ee3 e43 OK 06 05/02 15:15 208 388 6924 EC--5 01'16" 003 043 OK 08 05/e2 15:17 2088886854 EC--S 00' 59" 003 043 OK 09 1351'02 15:19 2084674538 EC--5 130' 58" 0133 1343 OK 10 051'e2 15:213 8950390 EC--S 00'58" 0133 043 OK 11 051'02 15'22 Laur~l EC--5 00'59" 0e3 043 OK 12 051'02 15:23 208 3B7 6393 EC--S 00'59" 13133 043 OK 13 051'02 15:25 ADA CTY DEVELMT G3--S 01'45" 003 043 OK 14 051'02 15:27 CHERRY LANE EC--S 01'16" 01:13 1343 OK 15 1:151'02 15: 2S POST OFF I CE EC--S 131'42" 003 043 OK 16 1351'02 15:31 208 888 1983 G3--S 01' 19" 003 043 OK 17 051'132 15:33 JD PRESS TRIBUNE EC--S 00'59" 003 043 OK 18 051'02 15:35 2e8 888 670e EC--S 00'57" 1303 1343 OK 213 051'02 15:48 JIM JOHNSON ----S 00'013" e0e 1343 BUSY ~ltCl\t; PD2>t fn{ Vubl iu ~()tfQ.J --1ht1v(r;- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 6, 2003 at 7:00 p,m. City Council Chambers 1, R.oll-call Attendance: _ TammydeWeerd _ Bill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of March 25, 2003 Pre-Council Meeting; B. Approve minutes of Aprll1, 2003 Pre-Council Meeting: C. Approve minutes of April 15, 2003 City Council Regular Meeting: D. Approve minutes of April 22, 2003 City Council Regular Meeting; E. Findings of Fact and Conclusions of Law for Approval: AZ 03. 001 Request for annexation and zoning of 10.006 acres from RUT 10 L-O zones for Contra! Vallev BaJ;ltist Church by Central Valley Baptist Church - east of North Ten Mile Road and soulh of West Pine Avenue: 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: 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 an 39.05 acres in a proposed R-8 zone for proposed Castlobrook Subdivision No.2 by Crestline Development, LLC- 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Motid;...Cityeaw.cilA8""d.a-M'Yi,~003 F~J of3 All nwa;oJ~prrllaltod 111 l"'bliom.l'li:oe:...b..u _ proporty oftl,c City ofMoridilll. Any.... ~ ."""llIDodalioo. rord;ui!ititst<l.u.l 10 ~ ""&'<ro..,;,,,g pI.... ooala<lll1. City C1otk'. Offic. al88~-4<I331111caot411 ho~prior loth< public ...Ofio~ i ;.- ** TX CONi'- '0 ,AT I ON REPORT ** AS OF MAY e6 '03 2~ 00 PAGE.01 CITY OF MERIDIPN DATE TIME TOI'FRCtl MODE MIWSEC PGS CMDIl STATUS 10 05/06 23:16 3810160 EC--S 01'46" 1303 071 OK 11 135/0623:18 PUBLIC WORKS UF--5 00'51" e03 071 OK 12 05/0623:19 12084664405 EC--S 01'04" 003 071 OK 13 05/06 23:21 8841159 EC--S 01'03" 003 071 OK 14 e51'e6 23:24 2088467366 EC--S 01'134" 003 0n OK 15 051'13623:25 89855131 EC--5 01'132" 0133 0n OK 16 051'06 23' 27 LIBRARY EC--s 01'22" 003 071 OK 17 051'06 23:28 92083776449 EC--S 01'132" 003 071 OK 18 051'06 23:313 208 388 6924 EC--S 01'22" 003 e71 OK 19 1351'136 23: 32 2088886854 EC--S el'e2" 003 1371 OK 20 051'06 23:33 8950390 EC--S 01'03" 003 1371 OK 21 05/05 23: 35 208 387 6393 EC--S 01'03" 1303 071 OK 22 e5/06 23:36 ADA CTY DEVELMT G3--5 01'48" 003 el71 OK 23 05/136 23:39 CHERRY LANE EC--S 01'23" 003 071 OK 24 051'06 23:41 POST OFFICE EC--5 131'46" 003 e71 OK 25 e5/136 23:43 208 888 1983 G3--5 01'24" 003 071 OK 26 051'136 23:45 ID PRESS TRIBUNE EC--S 01'03" 0e3 en OK 27 1351'06 23'47 208 888 67e0 EC--5 01'132" 13133 1371 OK 32 051'06 23:52 208S840744 EC--S 01'03" 1303 071 OK --------------------------------------------~----------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 6, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ~ Bill Nary -L Cherie McCandless ~ Keith Bird 1- Mayor Robert Corrie 2. Adoption oftha Agonda: ~w..-- 3. Coosnnt Agenda: A. Approve minutes of March 25, 2003 Pre-Council Meeting: ppJOYO ~ B. Approve minutes of April 1, 20[)3 Pre-Council Meeting: ~~tAe- C. Approve minutes of April 15, 2003 City Council Regular Meeting: ~~ D. Approve minutes of April 22, 2003 City Council Regular Meeting: ~r/o<-' E.. Findings of Fact and Conclusions of Law for Approval: P;z 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: cvp(ffuVX- F. Findings of Fact and Conclusions of Law for Approval: P;z 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: czpprov<- 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 - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: ~v<- M~Citl'CO..ciIA8""da-M.y6,200;l PlIilehf3 ,loll mol<ri.1l. pr=>1l<d "" pu~lic m..lu.~ ,hill be,""",. l'"'l='Y .rlhc CUy .rMcridWt. Anyone datirine ~odatic:rn fordisahHiti<< rd.ttod to docurmnu .o.ndf.or ht:irinS pll;;3liC:comact rhc City C!erk.'ot otftl;O aJ. 88!;..44JJ lilt [cil.3L4'S hwn:pnor [0 the: pub~ic.mttting. ..l: "\: . ** TX CONFIRMATION REPORT ** AS OF MAY 02 '03 J7 PAGE. 01 CITY OF MERIDIAN DATE TIME TOI'FROM 27 05/02 14:58 3810160 28 05/02 15:00 PUBLIC WORKS 30 05/02 15:02 12084664405 31 05/02 15:04 8841159 32 05/02 15:06 2088840744 MODE MIWSEC PGS CMD*I STATUS EC--S 01'42" 003 043 OK UF--S 00'47" 101213 1043 OK EC--S 1211'1210" 1003 043 OK EC--S 00'58" 10103 043 OK EC--S 00'59" 003 043 OK ---~--------------------------------------------------~------------------------------------- ~llflv~ po~t tn( P\Jbliu ~O~Q;-1h4~- CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, May 6, 2003 at 7:00 p.m. City Council ChambeJ$ 1. RolI~call Attendance: _ TammydeWeerd _ Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of March 25. 2003 Pre-Council Meeting: B. Approve minutes of April 1, 2003 Pre-Council Meeting: C. Approve minutes of April 15, 2003 City Council Regular Meeting: D. Approve minutes of April 22, 2003 City Council Regular Meeting: 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 Contral Vallev Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: 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 Crastline Development, LLC - 4000 west Pine Avenue, east of North Black Cat Road and south of West Cherry Lane; 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 _ 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Morid.i...CltyCowldlAsmcla-May6, ~003 hgo I "rJ All mt.lctial! Pl"OCI:ltcd 81 publi~ m~ctic(::l aha1I b~COIIIO ~er!l' aflhc City "fMeridian. Anyone d.siriDg =ammodo.tioo r... clioobilitiu l'elalcd to OOClllJlllDl8 3D"'"," bearing 1'1_0 """"'cl tho Cify C1.,x'. Offito II/. i82M3J B1 kU. 48 bouts priar 10 the pw.lic moDliDg. Meridian City Council Meeting May 6, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:10 P.M., on Tuesday, May 6, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, Cherie McCandless, and Keith Bird. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Anna Powell, Dean Willis, and Will Berg Item 1. Roll call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: At this time, I will open the regular City Council meeting for Tuesday, May 6, 2003, at 7:10 and I would like to apologize for being 10 minutes late. We were in Executive Session and held over a little bit longer and so I do apologize for that. Also, I'd like to welcome -- I think it is Troop 164 is that correct? Thank you, fellows. I appreciate your coming and maybe we can give you some information about a civics class here. At this time, I would like to have roll call attendance by our City Clerk, please. Item 2. Adoption of the Agenda: Corrie: All right. Item Number 2 is adoption of the agenda. Council, have any additions or corrections of the agenda at this time? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as published. Nary: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as published. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: Meridian City Council May 6, 2003 Page 2 of 66 A. Approve minutes of March 25, 2003 Pre-Council Meeting: B. Approve minutes of April 1 , 2003 Pre-Council Meeting: C. Approve minutes of April 15, 2003 City Council Regular Meeting: D. Approve minutes of April 22, 2003 City Council Regular Meeting: 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: 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: 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 - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: 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 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: 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: J. Approve Beer and Wine License Transfers for Idaho Pizza Company from 120 E. Fairview to 405 East Fairview Avenue: K. Addendum to Lease for Meridian Chamber of Commerce: L. Approve Liquor License Application for EI Tenampa by Susan Goodwin - 906 North Main Street: Meridian City Council May 6. 2003 Page 3 of 66 M. Approve Agreement for Hookup to City Sewer and Annexation - Anthony Mahatv: N. Approve Change Order No.1 for the White Drain Sewer Trunk Project - Thueson Construction, Inc.: O. Award Bid I Contract for 2003 Locust Grove Sewer and Water Line - Bitterroot Construction: P. Approve Bills: Corrie: The third item is the Consent Agenda. Council, are there any additions or corrections of the Consent Agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing none, I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda any further discussion? Hearing none roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: Department Reports. Any Department Reports? Item 5. (Items Moved from Consent Agenda): Corrie: Okay. Thank you. No items were removed from the Consent Agenda. Item 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. / Doug Campbell - North Linder Road and West McMillan Road: Meridian City Council May 6, 2003 Page 4 of 66 Corrie: So, we are on Item 6. This is a 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., Doug Campbell, north of Linder Road and West of McMillan Road. Staff comments first. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. This Final Plat is for the entire Cobblefield Crossing Subdivision. It came through as a Preliminary Plat a couple of months ago. The plat was a single phase at this point in time, so they are -- the Final Plat does encompass the boundaries of the entire project at this time. The reason for the two sheets there, they did submit a Final Plat on two different sheets, so it looks a little bit cockeyed there, but the scales are the same. For your recollection, Linder Road is the main point of ingress-egress to the subdivision. They have a split entry with common landscape irrigation lots here in the main entry road. Then, they come back to an attached dwelling unit component of their plat here on the eastern side. They are providing a stub street out to the east. Their common lot where there is -- you may have read in the Final Plat staff report, they are proposing a swimming pool and a changing room as one of their amenities. That is a new change since you reviewed the Preliminary Plat. Staff is classifying the pool addition as an accessory use. We would -- there is no occupiable structure on that, so we are requiring a Certificate of Zoning Compliance be submitted to our department prior to the construction of that and we would deal with the parking for that swimming pool at that point in time. The plat does substantially conform to the Preliminary Plat that you approved. We have recommended conditions in our staff report from Bruce Freckleton and David McKinnon that is before you. There are a number of recommended corrections to the face of the plat regarding bearings and other technical items, but I don't think I need to go into any of those. I will just leave staff comments at that point. Corrie: Thank you, Brad. Council, any questions of Brad? Bird: I have none. Corrie: Is the representative of the plat here, Cobblefield here this evening? Evidently, I would assume that the represent -- Hawkins-Clark: The representative was here, Mayor, earlier this evening. Corrie: Are they in the back? Ralphs: I apologize, Members of the Council. I looked at all those preliminary items and I thought it was going to take you a bit of time to work through those, so I apologize. Corrie: Give us your name and address, just for the record. Ralphs: Certainly. My name is Rod Ralphs. I'm here on behalf CMD, Inc., the developer of Cobblefield Subdivision in Meridian, Idaho. Meridian City Council May 6, 2003 Page 5 of 66 ( Corrie: You have had a chance to see all the requirements and everything. Is there anything that you don't agree with or -- Ralphs: No. Corrie: You agree with everything that staff has done? Ralphs: Yes, we do, your Honor. Or Mayor. Corrie: Council, questions? Bird: I have none. He agrees with all the staff conditions. I have no problem with that. Corrie: Okay. Thank you. Ralphs: Thank you. Corrie: Okay. Council, you have before you the request for Final Plat approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 72 building lots and 16 other lots on 15.3 acres in an R-8 zone for Cobblefield Crossing Subdivision. To include all staff comments per their memo on -- for hearing date May 6th, as date stamped May 1 st, and ask that the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Final Plat of the Cobblefield Crossing Subdivision. Any further discussion? Hearing none roll call vote, Mr. Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Final Plat approval is approved. MOTION CARRIED: ALL AYES Item 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 (PO) zone for Cobre Basin Subdivision No.1 by Havasu Creek, LLC - west of North Locust Grove Road and south of East McMillan Road: ( Meridian City Council May 6, 2003 Page 6 of 66 Corrie: Item Number 7. This is a request for -- oh, excuse me. For the people here, I would like to introduce the new Director of our Planning and Zoning, Anna Powell. Anna, if you would like to stand and people -- she will be the new director of the Planning and Zoning and I want to thank Brad Hawkins-Clark for the great job he has done in stepping in until we got Anna. Anna is a great help to us and I know she will be in the future as well. Thank you, Anna. Welcome aboard. Corrie: Item Number 7, then, is -- we will go here is a 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. I will invite staff's comments first. Hawkins-Clark: Mayor, Members of the Council. This Final Plat is on the south side of McMillan Road, approximately a half mile west of Locust Grove Road. You have already approved a couple of Final Plat phases for Havasu Creek Subdivision, which was the name of the Preliminary Plat that this acreage that you see outlined on the screen was originally approved under. The first couple of plats have been here off of Locust Grove Road, This phase of Cobre Basin, the primary access is off of McMillan. Here is a detailed look at the Final Plat that was submitted with the application. They are proposing to construct with this phase the full frontage of the landscape lot on McMillan Road, along with their main entry spine road. The future elementary school lot that was approved at the Preliminary Plat shows here on the right-hand side of the screen, but this plat is -- on the south end, they have one large common open space lot here on the west boundary. They are proposing 37 building lots and 11 other landscaping lots. This particular phase has 2.23 dwelling units per acre. Minimum house size in here is 1,201 square feet plus. I think the only change that I would point out is in Item number one on page one of our staff report that does still reference a Development Agreement and a Development Agreement was not required as a part of this, so that was an error on staff's part in the staff report. That could be stricken. Other than that, the plat does comply with the Preliminary Plat. We have our standard conditions there. Corrie: Okay. Any questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, why are we not requiring a Development Agreement on this? Hawkins-Clark: Mr. Bird, when the annexation requests come through, if the development that they are proposing with the annexation complies with the underlying zone that they are requesting and there are no public amenities that we want to insure, you know, that we are going to get as a result of the project. If it's a fairly pro forma plat and the city agrees with the annexation and bringing the land into the city, we have been not recommending to the Planning and Zoning Commission that we add a Meridian City Council May 6, 2003 Page 7 of 66 Development Agreement layer, because we feel that the assurance is with the plat and with the planned development. Bird: That's no problem. Thank you. Answered my question. Corrie: Is the representative of the subdivision here this evening? Becky, would you like to -- do you have any -- no comments? Okay. Does the Council have any questions of Becky? Okay. Okay. With that, I will entertain a motion on the request for Final Plat approval. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Final Plat request for approval of FP 03-023, for 37 building lots and 11 other lots on 16.56 acres in an R-4 PO zone for Cobre Basin Subdivision NO.1 by Havasu Creek, LLC. West of North Locust Grove Road and south of East McMillan Road and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and to include staff comments and with the site-specific condition of approval on number one, to delete the recorded Development Agreement. I think that will do it. McCandless: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 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: Corrie: Item Number 8 is a Continued Public Hearing from April 15, 2003, request for annexation and zoning of 1.37 acres from an R-1 to an L-O zone for Montvue Medical Clinic by Pinnacle Engineers, Inc., 360 East Montvue Drive. I will continue and open the Public Hearing and invite staff comments. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. Since your last meeting, the reason for the continuance was largely to review the private agreements that were executed between St. Luke's Meridian Medical Center and the homeowners association Meridian City Council May 6, 2003 Page 8 of 66 of Montvue Subdivision. The project here -- I won't go into much details, since it is a continued hearing and much of this was put into the public record a couple of weeks ago. It is -- the parcel that they are proposing to annex is here in the very southeast corner of the subdivision across from St. Luke's private road, which does run across the south boundary of the subject parcel. The elevations of the proposed building that they are looking to construct that were submitted with the application are here, a two story medical office, medical clinic type use building, with similar architecture to those buildings on the west side of Eagle Road and near the interchange of Eagle and 1-84. You should have received two memos since the last hearing. One was from myself dated May 2nd and the other one was from Joann Butler with Spink, Butler, Clapp law firm, dated May 1 st, and staff did review the issue of the connection between the private road of St. Luke's here on the south and Montvue, which is a public street. The Site Plan that was submitted with their annexation request did show a 29-foot wide private road here, which would have city utilities within it. I recommended a modification to the Planning and Zoning Commission recommendation regarding that street. The recommendation from two of you from the Commission said not to include -- or refer to the street connection in the Development Agreement. What staff heard at the last hearing was that the Council was concerned about that connection. The proposed change that I have there at the bottom of that memo basically states that a minimum 29- foot wide permanent open connection should be maintained. It does not state whether it should be private or public. As you know, the Ada County Highway District has already had a hearing and they have said it should not be public. Your city staff is not taking a position on the public or private, mainly that it just remain open and provide the 29-foot wide travel street section there. We are also proposing that it be constructed prior to any Certificates of Occupancy being issued on the site. Thank you. Corrie: Thank you, Brad. Any questions from Council to staff? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, the recommendation is prior to the Certificate of Occupancy and rather than a Building Permit, that that also would have the construction vehicles and that sort of thing coming through the subdivision. Am I not correct in that assumption? Hawkins-Clark: Mr. Mayor, Councilwoman de Weerd, that's correct. Technically, they - - as it's worded that's true. Our understanding is that there may be an agreement that construction traffic -- ] believe that was in Ms. Butler's letter -- could utilize the Touchmark Franklin intersection there, which, of course, would -- De Weerd: So, we would want a little bit more clarity on -- Hawkins-Clark: Yes. De Weerd: -- with that. Meridian City Council May 6, 2003 Page 9 of 66 Corrie: Any other questions? Bird: I have none. Corrie: Okay. Now, as mentioned, this Continued Public Hearing is for applicant and staff the opportunity to get some questions answered. Is the representative here this evening for Montvue? Butler: Thank you. Joann Butler, 251 -- Corrie: I asked for the applicant at this point. Butler: That would be us. Corrie: That would be you? Butler: Yes. Corrie: Raise your right hand, please. Is the testimony you are about to give this Council the truth, the whole truth, and nothing but the truth, so help you God? Butler: I do. Yes. Corrie: Name and address. Butler: Thank you. Joann Butler, 251 East Front Street, representing the applicant in this annexation. Thank you for taking the opportunity of tabling this hearing two weeks ago to give the Council and staff the opportunity to read the private agreements that have been adopted or enacted or signed by St. Luke's, the neighbors and Montvue. We have -- as you can see from the letter that I provided from about a week ago, the neighbors are continuing to meet. We have had several meetings to work out just the practicalities of getting the road done. Councilwoman de Weerd mentioned the construction traffic. That is a concern of the neighbors of Montvue. We are continuing to work with Touchmark on working out an agreement with them, a License Agreement, probably, in order to come through the Touchmark property and out to Franklin with construction vehicles and I have had a couple of conversations with Joe Swenson and we will continue working with him on the form of that agreement. From the private side, the private parties are continuing to work on the practicalities of getting that done. From the public's perspective, at the last hearing the Council Members voiced concerned about getting that access in prior to occupancy. We appreciate the memo that we received from staff today indicating this condition of approval for part of the Development Agreement. We are more than happy to accept that to give the Council the comfort that we are continuing to work on this and see great hope for success. Are there any questions? Clint Boyle is here with me tonight, if you have any questions on the Site Plan or anything like that. Meridian City Council May 6, 2003 Page 1 0 of 66 Corrie: Council do you have any questions? Bird: I have none. Corrie: Okay. Thank you. Butler: Thank you. Corrie: Is there any representative from Montvue here this evening? I'm asking on the Montvue Medical Clinic, not the Public Hearing for the people to -- Bird: That was -- Corrie: Are you representing both them and the people? Bird: No. No. Corrie: Oh. Okay. Well, that's where I was getting confused. Okay. All right. Okay. Any other questions? Do you have enough information, Council, to make a decision? Bird: Mr. Mayor? Corrie: Yes. Bird: If we got some Montvue people here -- I mean I know we heard from quite a few of them last time, but if they have got something different to testify, I would not mind hearing, but if it's the same testimony that we had on record already, I -- so, if there is any new -- Corrie: If you have got any new testimony that you didn't give before. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Willis: Yes. Corrie: Name and address, please. Willis: I'm Thora Willis. I live at 3555 Northeast Montvue Drive, which is just west of the development. My biggest concern -- I know that the Council only requires -- or Planning and -- the city only requires one space for every 200 feet of occupied space. Generally, in medical buildings there is some type of cross-access agreement that when your parking lot fills up, the patients and their staff can use another parking lot. I would just ask that -- I don't feel like there is enough parking space for this project and I would just ask the Council to have some sort of stipulation that there would be no on-street parking during business hours. Our road, I don't believe, is wide enough for parking on both Meridian City Council May 6, 2003 Page 11 of 66 sides of the street and bus traffic that also would be coming down the street during business hours. Corrie: Okay. Brad, on your parking there, how is that -- how does that fit into this? Are there enough spaces there? I think there should be, shouldn't there? Can they use that overflow parking at St. Luke's. I'm sure that they could. Hawkins-Clark: Mr. Mayor, the ordinance, she's correct, does state, you know, one parking space for every 200 gross square feet of floor area in the building. It's been a long time since we have analyzed our code in detail to see if, you know, is that really a good ratio or not and, as well, since this is only an annexation request, we haven't taken the time to really analyze the Site Plan, to be honest with you. This was provided as a part of the application and if the City Council wants to include it in a Development Agreement. I think that's there, but we haven't spent the time to really analyze -- we would certainly -- before they would get a Building Permit, we would make sure that they provide the parking that the ordinance requires, which is one for 200, and we have seen numerous instances where cross-parking agreements have been entered into. Corrie: I think it's well said a legitimate concern there, and we need to make sure to take care of that. Is there anyone else - Nichols: Mr. Mayor? Corrie: Yes, Mr. Nichols. Nichols: Mr. Mayor, I don't think, though, that we would have jurisdiction to restrict parking within Montvue Subdivision, because it's a county sub, it's not within the city limits, and we haven't the ability to require or restrict any parking. That would be an issue for ACHD and the county. Corrie: Thank you. Any further says testimony? Thank you, Mrs. Willis. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would like to hear -- I know Ms. Butler had mentioned that there were further talks about the access and that sort of thing. Is there anything that the residents would like to add in concern of what is not being said or even what's being said? How close are we to getting something, some kind of agreement and maybe Mrs. Butler would be best suited to ask that, unless the residents had anything to add to accessibility. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council May 6, 2003 Page 12 of 66 Nary: Before Ms. Butler brings that up, Brad, on the Cross-Parking Agreements, though, isn't it -- those are only used if they don't have the one space for 200. If there is even discussion about that it may be inadequate because of staffing, that isn't normally a requirement to do a Cross-Parking Agreement, as long as they meet the minimum requirement in the ordinance right? Hawkins-Clark: That's correct. Unless it was a hearing, we, at staff level, wouldn't have the -- you know, the ability to require them to go get that agreement if they met the code. Nary: And I -- and Mr. Nichols is right about the street parking being ACHD, but the neighbors can certainly request ACHD to sign it or do something to limit that street parking for the business. They'd have to go through ACHD; is that right? Hawkins-Clark: That's my understanding. Yes. Nary: Okay. Corrie: And I must say this is just for annexation and zoning. We are not getting into a lot of unnecessary discussion here at this point. Joann -- Ms. Butler, do you have anything to comment on? Butler: Thank you. Joann Butler again just to answer Councilwoman de Weerd's question about when will we have an agreement. In fact, an agreement is in place, an easement has been set in place by the Montvue residents and, of course, the agreement between St. Luke's and the Montvue residents has taken place. Now what we have to do is just the practical -- and that's not the location, the location is set, but it is just working out where construction traffic goes and just getting the contracts done by the -- with the contractors bids and whatnot and, then, working with the neighbors to just make it happen and with St. Luke's as well. We are just on our way. We were just talking out in the hall. We will probably schedule a meeting -- a meeting every few weeks at this time just to get the ball rolling. De Weerd: So -- Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: To add something in the Development Agreement that a second access, whether it's out onto the S1. Luke's Road or into Touchmark -- and that's some of the conversation or discussion that we had at the last meeting, that -- do you have an issue with that? Butler: If I could ask you to rephrase. I'm not sure I -- an issue with what exactly? De Weerd: To have a condition in the Development Agreement before this can get its CO that you would have -- Meridian City Council May 6, 2003 Page 13 of 66 Butler: No. We appreciate the memorandum that we received from staff. We understand that that -- that being placed in the Development Agreement will give the city the comfort it needs that the road will be done before occupancy, so we are fine with that. De Weerd: Okay. Corrie: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Joann, we are not going to let you sit down for a minute. How -- you know, we show -- we were shown the buildings of -- as the example of what could be up there that's across the street and being very successfully used over there, with plenty of parking. There is two of them in line, so they could joint -- use their joint parking lots. I'm sure that we are okay for parking here. No off-street parking. You would have no problem with that or anything else. Butler: No. Bird: And just like the attorney said, we can't restrict that anyway, because it is an Ada county subdivision, it isn't even a city subdivision. Butler: Although we have said that we will -- on the -- Bird: On your side that you annex, yes, we will have parking at -- are we pretty assured that it's going to be a building like basically some of -- the same size building and -- not maybe the same design? Butler: As the footprint, yes. Bird: Yes. Butler: And we have also been in a couple of the meetings that we have had with Touchmark in the last -- or with some of the representatives, we became aware of the fact that Touchmark has put together an elaborate set of architectural guidelines. We have said to them that we would love to review them and, if possible, incorporate those in our own design, so that it looks -- you have got a common feel throughout the area. We will work with them on that as well. Bird: Thank you. Butler: Okay. Merldian City Council May 6, 2003 Page 14 of 66 Corrie: And I apologize, Ms. Butler. You're an excellent attorney, you get a lot of clientele, and I got mixed up here just a second on whom you were representing, because I know you had represented others there, too, so -- thank you. My apologies. Any further discussion? Okay. All right. Then, I will entertain a motion to close the Public Hearing, if you have enough information at this point. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would feel comfortable making a motion that we close the Public Hearing. Bird: I would second it. Corrie: Okay. If you feel comfortable, make your motion. De Weerd: I did. Corrie: All right. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion on the request? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I do appreciate that the applicant and the residents got together and further discussed this and it gives us a better comfort level with the new language that staff has presented, that access will not cause undue burden on the neighborhood by creating more traffic. This gives the element of other traffic options and so I appreciate the work that was done. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no more discussion, I would move that we approve request AZ 03-004, the request for annexation and zoning of 1 .37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, 360 East Montvue Drive. To incorporate staff comments, applicant's replies, and the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and Development Agreement. Meridian City Council May 6, 2003 Page 15 of 66 De Weerd: Second. Corrie: Motion has been made and seconded to approve the request. Any further discussion? Okay. Rolf call vote, please, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Request for annexation is approved. MOTION CARRIED: ALL AYES Item 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: Item 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 Academv by Sharon O'Toole and Debbie and James Sheridan - 230 West Pine Avenue: Corrie: Item Number 9 is a Public Hearing. This is a request for a rezone of 0.35 acres from R-4 to 0- T, Old Town zone, for Merlyn Schmeckpeper by Merlyn, excuse me, Schmeckpeper, 230 West Pine Avenue. I hope I got that name correct. If I didn't, I apologize. At this time, I will open the Public Hearing and invite staffs comments. Hawkins-Clark: Mr. Mayor, before I offer comments, would it be possible to request the Council and Mayor to consider opening the next item with this one. They are -- Corrie: Okay. The Sunshine Academy is the same one. I noticed here that it was 230 West. Pine. Okay. I will open the Public Hearing on Item Number 10, which is the request for a Conditional Use Permit for a childcare 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. Thank you. Hawkins-Clark: Thank you, Mayor, Members of the Council. The application before you is for a rezone on Item Number 9 and Item Number 10 is for a Conditional Use Permit for the childcare facility. On Item Number 9 regarding the rezone request, the property is located here on the north side of West Pine Avenue at the corner of West 3rd and Pine. There is an existing alley that is on the east side of the property Meridian Elementary School is two lots to the north. Both West 3rd and West 2nd Street currently terminates at that school boundary. The property has requested to be rezoned to the Old Town designation. During the Comprehensive Plan process, as you may recall, the city did approve an extension of Old Town to the west to 4th, so the Comprehensive Plan would support a rezone to Old Town. The Planning and Zoning Commission recommended denial of the rezone request. Here is an aerial photograph just showing Meridian City Council May 6, 2003 Page 16 of 66 you, generally, the existing conditions in the area. Largely single-family detached housing, some attached in the area, and, then, of course, the Meridian Elementary School area here to the north. The proposed Site Plan for Item Number 10, the Sunshine Academy, which does have a different applicant than the rezone request. The applicants on this, again, are Sharon O'Toole and Debbie and James Sheridan, and the Site Plan, as you can see, has Pine -- north on this particular plan, by the way, is to the bottom, so we are actually looking south as we look at the top of this. West Pine Avenue is here. The alley is shown on the left part of the screen. There is an existing house and an existing detached garage on the property. The proposal is to utilize the alleyway as the main entryway into the project off of Pine. Parking is all located here to the backside of the building and the garage. They are providing -- showing on their plan a couple of parallel parking stalls along the north boundary, then, they are showing parking closer to the main building along with the handicapped is shown here off of the alley. The exit from the property would take place onto West 3rd, which, of course, they would be forced to turn south to get back out to Pine. The application requested a day care center for approximately 30 children. The Planning and Zoning Commission hearing, if you read the minutes, did have a number of public testimonies at that. We also received written testimony and the record does have a sheet that has a number of signatures on it and that's there for you to look at as well. The Highway District did review this application. They were in agreement with restricting the access to this for one way in off the alley and the main egress out of West 3rd. They did approve the Site Plan with that configuration. They are showing about a nine-foot wide landscape buffer here on the south boundary. There is an existing house between the proposed site and the Meridian school -- elementary school. There is a house that is currently there and occupied. In terms of the number of children, the fire -- the Fire Department does ultimately have the jurisdiction there in terms of setting the occupancy load. That's my understanding is that our Fire Marshal has not visited the house and done an inspection and said this house is specifically capable of handling X amount of children. I don't believe that analysis is done. There is a standard of course, that they use based on square footage and that 30 children number, I believe, is probably close, given the 1 ,460 square foot facility. The staff report did have a number of other conditions related to the actual design and layout of the property, as well as some alternative compliance on landscaping, but at this point I think I'll just suffice to say that the Planning and Zoning Commission did recommend denial of this application as well. The reason that was included in their recommendation you have there is primarily the opposition from the public and the noise and additional traffic that they see generated by this project. Unless you have any other questions, that's all staff has right now. Corrie: Thank you, Brad. Council, any questions of Brad? Okay. Since we do have a Public Hearing, is the representative -- this is Schmeckpeper. Lousy on names. Garrity: Kelly Garrity, on behalf of the applicant. Corrie: Is the testimony you are about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council May 6, 2003 Page 17 of 66 Garrity: Yes. Corrie: Thank you. Name, please. Garrity: Thank you, Mr. Mayor, Members of the Council. Kelly Garrity on behalf of both applicants, I guess, since we are combining both the rezone and the Conditional Use. My address is 251 East Front Street in Boise and I am joined here this evening by the landowners, Merlyn and Brandon Schmeckpeper, and the representatives from the Sunshine Academy, both Sharon and Debbie O'Toole. As staff has already indicated, we are here this evening on the application for both the rezone and the Conditional Use Permit. The rezone being from Old -- or from R-4 to Old Town and the Conditional Use for this child care facility. Your Planning staff has supported this -- both applications in the March 20, 2003, report, as well as the April 3, 2003, report, and I will outline a little bit later why there was a change and why there is two different reports. After two hearings in front of the Planning and Zoning Commission, the recommendation, as you are now aware, has been made to deny. Now, these applications are before you, the Council, to either approve, approve with conditions, or to deny. Of course, we certainly hope that you, after hearing the testimony this evening, approve these applications and we believe that the proposed use and the proposed zone warrant this approval. I am going to address the standings of the rezone, the CUP, and the City Code and Meridian Comprehensive and I'm going to try and keep my comments as brief as possible. I know that there is quite a few people here to testify and I would like to give Sharon O'Toole and Debbie O'Toole a chance to really get to into the details about the proposed use and Merlyn Schmeckpeper would like to address the Council with regard to the specifics of the property and the rezone issue. Just as a brief overview, so the Council sort of gets a picture of what the current building looks like, if you wouldn't mind, I would like to hand this, so we can put this on the overhead. Well, as we are waiting, just briefly, just an overview. This center -- and Sharon and Debbie will go into more details, but it's a learning center for kids, ages up through nine, offering reading, math skills, art classes, various types of programs for children, all during the day. Half-day programs, full day programs. The way they have it set up is not all the drop-offs -- and I notice there has been a lot of discussion about traffic and some issues related to that, but as they will tell you, it's staggered drop offs, sometimes in the morning, sometimes mid day, so not everyone is coming in the morning, coming mid day, or coming in the evening. Now, the applicants have worked a great deal with staff to insure that the requirements are met for your standards for both rezone and CUP. Again, as I have mentioned, staff supports this. Now, during the first hearing in March, March 20th, 2003, interestingly, the Commissioners really talked with the opposition and asked very specific questions about their concerns, asked about traffic, the buffer area, the landscape area, the noise, and really brought to the forefront a lot of these concerns and a lot of these concerns were addressed. Now, what the Commission did in that hearing was ask the applicant to go back to staff, talk to staff about redoing the parking and redo landscaping. Well, the applicant did that. They held over the Public Hearing, asked them to return April 3rd, and the applicants worked with staff to make those changes requested by the Commission. Now, the applicants, in fact, returned to the Commission on April 3rd and, again, now, we have a second staff report dated April 3, Meridian City Council May 6, 2003 Page 18 of 66 2003, with generally many of the same conditions of approval. It does reference some of the landscaping changes that were made and the changes that were made in terms of the parking. The flow -- as staff indicated, there is a nice flow now with traffic going in one direction, so there is a nice circular flow, as though -- you know, typically, many schools do this, where they will have buses coming in one way and going out one way, so it, actually, moves the traffic nicely and avoids congestion. Again, staff is supporting the applications. Unfortunately, it was soon apparent at the Commission hearing on April 3, 2003, that this application would be denied due to opposition and pretty much solely opposition. If you will notice, the recommendation of denial by the Commission, many standard findings by the Commission about the property owner, you know, various standard -- the current zoning. The proposed use, they all, actually, made a finding with regard to the O-T zone and that this request for rezone is consistent with the Comprehensive Plan, designating this property as Old Town. Despite making all these findings, ultimately, makes their recommendation for denial, which is why we are here. Rather than go through all the required standards under your City Code 11-15-11 with regard to the rezone, I will just point out that staff's reports on both March 20, 2003, and April 3, 2003, do a very nice job of outlining all of those standards and how they are met. With regard to the rezone standards, I just wanted to point out just a few for this Council's consideration. One of the standards mentioned is will the new zone be harmonious with the Comp Plan. Well, as staff pointed out and as this Council is well aware, the text of the Comp Plan supports conversion of the existing family houses in the O-T zone for use of other than residential now and the Comp Plan, which this -- actually, a lot of the standards overlap between the rezone standards and the Conditional Use standards. Really, this applies to both the Comp Plan, the future land use map, as this Council is aware, which designates this area as Old Town. I really don't think that that became a big issue. Another standard that I'd like to bring to Council's attention is whether the proposed zoning amendment will be in the best interest of the city. Again, there is a great deal of work put into the Comprehensive Plan by the Council and, again, this has already been designated in the future land use map as Old Town. With regard to some of the -- and I know I'm mixing back and forth between the rezone and Conditional Use, but, again, a lot of these standards apply to both and overlap. One of the -- again, another standard for the Conditional Use is whether, again, it's harmonious with the Meridian Comprehensive Plan. Something very important to keep in mind with this proposed use is this educational facility and the location next to Meridian elementary. Some interesting statistics from the Comp Plan with regard to the ages and the composition of Meridian's population, in 2000 the statistics in the Meridian Comp Plan referenced roughly 10 percent of Meridian's total population was the under age of five. It also referenced that roughly 3,500 citizens in Meridian were between the ages of five and nine. These are the ages that will be served by this childcare facility. That amounts to roughly 21 percent of Meridian's total population, which is quite a bit. Some additional statistics in your Camp Plan are showing up. By 2020 there will be about 25 percent of Meridian's citizenship or population will be under the age of 15 years. Again, this serves up to about age nine, so you're really serving a crucial part of the population of Meridian. Of course, as the Council is aware, the Joint School District No.2, fastest student enrollment, and I believe it just surpassed Boise recently. I think that -- you know, for lack of a better Meridian City Council May 6, 2003 Page 19 of 66 word, ifs a big deal, and this kind of facility really helps serve that goal of the Joint School District. Really, the objective of the Joint School District, which is this -- and this is a quote from the Comp Plan as a mission statement -- that they really see a community of well-informed citizens, who support educational excellence and work in partnership with the school community to achieve educational results for all students. And really, again, the location and what Debbie and Sharon are going to share with you this evening will really help outline the need for this type of facility and the appropriateness of this type of facility in this area. Corrie: Mrs. de Weerd. De Weerd: I don't want to say you don't have important things to say, but we usually limit testimony and -- Corrie: Mrs. de Weerd, let me do this. Go ahead. If you can kind of shorten it up, I'd appreciate it. We are going to limit the others to three minutes. Garrity: Absolutely. Corrie: Thank you. Garrity: Absolutely. Corrie: You got the major part of it representing them both. Garrity: Thank you, Mr. Mayor, Councilwoman de Weerd. I appreciate it. Just cut me off. Sometimes I'll tend to talk just a little bit too much. Actually, most of the general issues have been addressed. I know that traffic is always a concern. Noise is always a concern. Affect on the neighbors is always a concern. I believe that, you know, the approval of ACHD and the flow of the traffic moving throughout the site have really addressed all those concerns. The landscaping has addressed those concerns. I really just believe when you hear from Sharon and Debbie and from Merlyn, that you -- the Council will come to the conclusion that this is a terrific facility and really worth it to have it in the neighborhood. At that point I will stand for questions or allow Sharon O'Toole to come up and address the Council. Corrie: Council do you have any questions? Bird: I have none. Corrie: Okay. Thank you. Garrity: Thank you. Corrie: Now, as I mentioned earlier, we did give the applicant's representative here a little more time to do it, but, now, I'm going to limit to -- each testimony here to three Meridian City Council May 6, 2003 Page 20 of 66 minutes, because I think we have quite a few people who would like to. I'm going to open it up for testimony thaes for the CUP and rezone, so -- is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? O'Toole: Is it. Corrie: Name and address, please. O'Toole: My name is Sharon O'Toole and I'm one of the applicants for the CUP and my role in this project would be as education and program advisor and business advisor. I want to emphasize that this is -- that we are not really beginners at this we didn't just decide to rent a house and start babysitting. That's not what the program is about. I have a degree in elementary education, I have a Head Start background, I have opened centers in Florida, I have opened centers in Ohio, and we'd like to open this center here and the standards that Ohio has set are pretty consistent with other states that we have been in. I hold a COA, which is the federally mandated certificate. I also hold two master's degrees in training and development. We are looking at a program that is, in fact, an educational program, although it will be open to children age nine, it is primarily a pre-school program and it is -- the focus is on literacy. It's a balanced program with a lot of activities, but our primary goal will be to prepare children for kindergarten, so that they come in to kindergarten ready to learn. I have looked at the package that we have and I have looked at all the signatures and I have listened to the objections and there are just some specific ones that I would like to address briefly. One has to do with noise. My -- this is a program for small children. There is a play yard that is used from time to time during the day, mostly in the late morning times and in the late afternoon before children are being picked up by their parents. It is -- there are not children running around all of the time. I really think that that -- the impact that I have heard described would never come to be in terms of the amount of noise that the center will produce. There are no mechanical noises, there is no loud music, there are no crowds, and we are talking about preschool children playing on the playground and not even all day at that. I have also heard some comments about endangering children and I want to emphasize that safety of -- the safety of the children in our center would be the number one consideration that we have and we have many things in place to insure that safety. We have designed the traffic flow through the parking lot to minimize any kind of risk. Children are never, never in the parking lot unsupervised. We have written policies for parents in terms of how they drop children off and how they pick them up. We are in constant contact with parents, so we are in a position to constantly remind them about caution and we are also talking about the parents of small children who have a vested interest in caution, their children are there. We have heard some discussion about children walking over from Meridian Elementary School and it's close and it's an easy walk, but that doesn't mean children would ever come from Meridian Elementary to the Sunshine Academy unsupervised. If there is any transfer of children, it's done at the school where they are turned over to a teacher and escorted back to the center. I have also heard a lot of comments about the amount of traffic that this will generate and, as Kelly mentioned, that's kind of spread out over the day a little bit. We are looking at probably -- I know it's between 30 and 38 children, exactly how that will Meridian City Council May 6, 2003 Page 21 of 66 falls out depends on exactly how the space gets measured. There are two things that we need to take into consideration. One is that the reason people select a center -- the primary thing is convenience, it's the primary thing that gets people in the door. Not necessarily keeps them there. That's why they come and look at the center. Our primary advertising is a sign on site. A good portion of the number of people who are going to -- will be our primary target audience are the people in the area. I can't say -- I mean, certainly, I can't predict what percentage, but I suspect that a good number of those people are already driving up and down Pine Street everyday, so we are not generating a lot of new traffic, we are flowing it in a somewhat different direction -- in somewhat different direction. As I stated, the standards that we are meeting are 35 square feet per child. That's very standard. We have never proposed anything that's outside of standard guidelines and my experience tells me, when I hear the objections, and I have seen schools start and I have managed them and my experience tells me that most of the things that people are really concerned about are things that aren't really going to come to be. I mean loud noises, lots of traffic, safety of children, those are issues that we address as a center and do it consistently on a day-by-day basis. Thank you. Corrie: Thank you very much. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Schmeckpeper. De Weerd: Mrs. O'Toole. Corrie: Mrs. O'Toole? Nary: O'Toole. I'm sorry. Mrs. O'Toole heard you say 38 children. O'Toole: Well, we have -- in talking to -- Nary: You talk about 30 here, so -- O'Toole: Okay. In talking to the Fire Department, what they told us is having the 35 square feet is standard and when we measured it we did not count a large eat-in kitchen and they are telling us that that space does, in fact, count. They will make -- they will make the final measurement and they will make the final determination. I'm saying the minimum that the center will be licensed for is 30, probably somewhat in excess of that. I don't know if it will make 38 or not. They indicated to us that -- we just measured wall to wall the rooms and they are saying, no, you don't have to do that, what you do is you take the square foot of the building and you subtract those areas that don't count. They are measuring a little bit differently than we are. I'm going to leave it to them to make that determination. Meridian City Council May 6, 2003 Page 22 of 66 Centers: Any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You mentioned that they would have some outside play. O'Toole: Yes. De Weerd: Where are they going to be doing that play and you will fence it? O'Toole: Oh, yes. Yes. There is planned six foot chain link fence around what is the play area and it is to the -- that side of the building in front of the garage there. If you look at the building, it's elevated a little bit. There is a retaining wall there and behind that will be a fence and it will fence in that play area that's between the -- yes. That's where it is right there. De Weerd: Okay. I just have one last question. Is your location -- you had mentioned that the neighbors had mentioned children noise. Are you not real close to the playground of Meridian Elementary? O'Toole: Yes. De Weerd: Okay. I thought you were somewhere in that vicinity. Okay. O'Toole: Right. We are probably looking at 10 to 12 children out there at one time. De Weerd: Thank you. Corrie: Thank you. Testimony for Merlyn Schmeckpeper? Give you five minutes. Sheridan: My name is Debbie -- my name is Debbie Sheridan and I will be the on-site director of the preschool and I will refrain from repeating anything that Sharon has already said. Corrie: I'm sorry. I need to swear you in. Sheridan: Oh. I'm sorry. Corrie: Attorney told me that. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Sheridan: Yes. Meridian City Council May 6, 2003 Page 23 of 66 Corrie: Thank you. Sheridan: Debbie Sheridan, 728 Rotan. I will be the on-site director of the program, the facility. I'll refrain from repeating anything Sharon had to say, except to answer any questions and point out that one of the concerns that was raised had to do with safety of the neighborhood children walking to school. I'd like to point that there is a sidewalk in front of the facility for them to walk and we will not be affecting that in any way. Corrie: Anything else? Sheridan: No. I just if anybody had any questions. Corrie: Any questions? Bird: I have none, Mayor. Corrie: Thank you. Jim in the back there, we have already gone through St. Luke's. Is that what you were here for? Just for the site -- okay. We have already approved that, so just in case that you had someplace else that -- we'd love to have you stay, but I didn't want you to have to stay here if you didn't want to. Corrie: Okay. Is Brandon here this evening Schmeckpeper? Oh, I got Merlyn. I don't know how I'm getting all these names -- I have got Brandon Schmeckpeper and Merlyn Schmeckpeper and you're Merlyn? Schmeckpeper: I'm Merlyn. Corrie: Okay. Schmeckpeper: You're doing fine. Corrie: All right. Thank you. I'm sorry. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Schmeckpeper: It is. Corrie: Thank you name and address, please. Schmeckpeper: I'm going to keep this as brief as I can, because a lot of it's been covered. I'd like, Brad, if you would, to bring this sheet up quickly. Corrie: Could you give me your name for the record? Schmeckpeper: Merlyn Schmeckpeper. I'm sorry and I reside at 157 East Ada, Meridian, Idaho. Meridian City Council May 6, 2003 Page 24 of 66 Corrie: Thank you. Schmeckpeper: As soon as it focuses, I could sit here and tell you a lot of things about the survey and the petitions that we have signed, as well as the opposition have signed. Rather than go through all of that, we have tried to compile that all and have compiled it on this particular chart, as soon as it comes into focus. Maybe I will just hand these out to you. Do this the old fashioned way. Corrie: I think we have already got that. Schmeckpeper: The green on there pretty speak for themselves. We found that in our surveys and the opposition totaled 54, not seven percent, approve of the childcare facility located specifically at 230 West Pine. The red, obviously, shows that 41.5 percent, orange stars, disapprove of a childcare facility at the location 230 West Pine and the blue, 3.8 percent, are neutral. [n fairness to the survey, the survey outside of the 300-foot district that we conducted actually took into account yes or no in favor or against the center. We, actually, collected several no's and the opposition, which were signatures off the petition, were all no's. They did not list the people that said they would be for it. There is room for some discrepancy there. We feel that this is very generous. With that said, are there any questions on that particular phase? I'll get onto the more urgent portions. As you can see, there are a lot of people out there that are in favor of this project and this is a good project. If I could have the photo brought up. The pictures. As property owners -- and my son and I actually own the property. We pride ourselves on the appearance and condition of our properties. I'm sure many of you remember what 230 Pine looked like a few years ago before we purchased it. We are very proud of it today and I hope the community is. I am a long time resident of Meridian. I went to school here, raised a family here, and am generally interested in the future of our city. ['m also interested in helping to meet our community needs and in providing employment opportunities for our local people. We have a lot invested and a lot of time and money to date and in my conclusion, we have honestly presented a good project in line with the City's Comprehensive Future Plan. This is a great location for a day care center. It's only three blocks from Meridian Road. It's close to the grade school and has access to and from the school, without crossing any busy street. As a matter of fact, the school district totally supports this project. It's located on a major thoroughfare. Pine Avenue fits into the area with absolutely minimum disruption. Many users of the academy already travel and use West Pine Street. It's needed. With unpre~edented and continued residential growth in our town, an in-town day center is good for your community, our community, and the city. The site is a spacious site, is a spacious lot, the layout works well for the center for the neighborhood. We have worked with Dave at P&Z staff all the way through this. In fact, you have already heard that the P&Z staff supports this project and has always supported it and we have addressed every demand and complaint, we have done everything asked of us. By the way, you will undoubtedly hear testimony about a boundary dispute tonight with our neighbors to the north, the Rokovitz. I'm sure you do not want to be involved with that and I can tell you that we have been trying to settle it, but what you do need to know is that this project before you is not and never has been predicated on the use of the Meridian City Council May 6, 2003 Page 25 of 66 disputed land. Thereafter, that is not an issue. Could I have that large plat brought up, please? Down in the lower right-hand corner you will see that we have a large lot. Can't even read that. That lot size is 14,640 square feet. The building size, as already mentioned, is 1,450 square feet. The parking area is 7,000 square feet. Play areas combined are 2,540 square feet. Traffic flow is designed one way flow for egress -- excuse me -- ingress from the alley -- I think this shows it well -- egress to 3rd as suggested by P&Z staff and approved by Ada County Highway Department. This provides for safety, not only for automobiles, but also for pedestrians. Reduces traffic by one half at the ingress and egresses. Provides orderly flow through parking lot, further enhancing safety. The project has been approved by Ada County Highway District and their concerns are traffic safety. We have asked for no off-street parking. All parking is on site with controlled flow. Two employees will park in the garage and we have provided additional user parking spaces, not even required by the code or ordinances, the operation and neighborhood considerations. The playgrounds are located as far away from neighbors as possible. The larger children's play area is located 65 feet from -- with garage, a buffer, and a six-foot fence between our north neighbors. The alley or roadways are between all other sites. As you already know, day care centers are considered good neighbors and are considered so, because they are closed on weekends and evenings. May I conclude in that if this project is further delayed the O'Tooles will miss the current window of opportunity that will not be afforded them again for a full year, if ever. Therefore, we respectfully ask for your consideration and for your approval of this project. If you have any questions, I would be happy to answer them. Thank you. Corrie: Okay. Any questions, Council? Okay. Schmeckpeper: Thank you very much. Corrie: Okay. Is Brandon here? You're the last one down here for that I have on the list here. Is the testimony you are about to give the truth, the whole truth, and nothing butthe truth, so help you God? B. Schmeckpeper: It is. Corrie: Name and address, please. B. Schmeckpeper: Brandon SChmeckpeper. 8810 Churchill, Boise. If I could have you just bring up the star map. You guys have it. I'll try to be brief. I think you've heard pretty much everything. I guess the only point I'd like to make -- and I will make it quick -- is that the map includes all the signatures that have been submitted to the city and to this Council, including those submitted by the Rokovitz or in opposition. It is worth noting that all signatures inside the 300-foot area are petition signatures, both for and against, people either signed the petition or abstained from signing the petition. All of the orange stars outside the 300 feet area are all from the opposing petition, with the exception of only one. In the attempt to find the true feelings of those in the area outside the 300-foot boundary, we commissioned a simple survey conducted by a high Meridian City Council May 6, 2003 Page 26 of 66 school marketing student from outside the area. When the question was posed and answered, all responses were recorded, both those in support and those who oppose this project. Of all the responses gathered through this survey, all were in favor, except one, and that has been indicated on the map as an orange star. I just think that's probably the only thing I got to add. Corrie: Okay. Any questions? All right. Thank you very much. Is there anyone else who wants to issue testimony for at this point? Okay. Now, that testimony against we have got two, four, six, seven -- eight here. We will limit that to three minutes on this one. Bill McConnell is he here this evening? That's okay. Come on up. I just want to say if Bill McConnell can be ready next time. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Crispelle: Yes. Corrie: Name and address, please. Crispelle: My name is Bob Crispelle. I live at 306 West Pine Street. I'm 40 feet west of 230 Pine. I'd like to read a prepared statement. I will be very, very brief. I would like to point out -- this is -- some of this will go real quick. The last two meetings at Meridian Planning and Zoning, on March 20th and April 3rd, this application was rejected by a three to one vote, because of the amount of people against this facility. There were 12 original signatures against the proposal. We now have 55 signatures. I might add that these 12 originals of those -- those are all the homes north, south, east and west of this facility -- this proposed facility. Of these 12, 10 are homeowners. There have been some confusing and misleading statements throughout this process. At the first meeting, 28 to 30 children facility at first meeting, 38 to 40 children at the second meeting. Also, an indication that was determined by the Fire Department then, the buffer zone to the north of 230 West Pine. What is required, I think, is a 20-foot buffer zone, and then, it's gone down to 15 feet, then, nine feet. I believe 20 feet by code or city ordinance is required, unless granted another change called a Variance. The applicant is asking for a Rezone, Conditional Use Permit, and a Variance. This is asking a lot, especially, under the controversial circumstances. It is my understanding the applicant also inferred to one close neighbor, my neighbor to the north on 3rd Street, that wanted to support his application for this project. That an opening on 3rd Street through the parking lot on 230 West Pine could relieve some of the misdirected turnarounds on this dead end street, 3rd Street, which is considerable at times. Well, folks, this is not the case. There will only be a one-way exit coming out to 3rd Street through a private parking lot, which is not public access. Now, J believe in finding this out, this neighbor supports our side. He was supposed to be here tonight, but I don't see him. Not to have this facility. This also means we have every homeowner north, east, south, and west against the proposal. This is directly surrounding this facility in the center. There are two that -- on 2nd Street that are rentals and the rest are -- and they are owned by owners who -- one of them that supports this facility. There is also going to be legal litigation, which is already -- over the northern property lines at 230 West Pine and at 918 West 3rd. In closing, J'm asking tonight on behalf of these Meridian City Council May 6, 2003 Page 27 of 66 neighbors, residential, tax paying homeowners, who have been told throughout this process by the applicant, this is going to be good neighbor friendly, and conducive to this area. Well, this is not the case. Instead, this has aroused the neighborhood to petition Planning and Zoning and now you folks at the Meridian City Council. We ask you to reject this application tonight, if possible, so that we might all get on with our business. Any questions? Corrie: Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: You said there were 55 neighbors that now were opposed to it and we have a map that says -- B. Schmeckpeper: We have 55 signatures. I know some of them are out of the 300 foot. Nary: Can you give me just an idea of approximately where -- Schmeckpeper: Certainly. Nary: You need to use the mike. Either that mike there or -- B. Schmeckpeper: Okay. Just mark it or -- we have -- we have signatures -- these are the original 12 that we have. Here. Here. Here. Here. Here. Here. Here. Here. Here and here. This is an apartment complex here. Here. This was the person that was opposed, who now supports it, because he thought it was going to be a different situation. We have -- let's see. 3rd Street. We have this one, this one, this one, and this one, on down -- we go all the way down to the 900lh block, and I know that's out of the area. We have signatures down 2nd Street, here, some down in this area here. Nary: Thank you. Corrie: Thank you. Is Bill McConnell here this evening? McConnell: I don't have any -- Corrie: Okay. Thank you, Bill. Patty CrispelJe? Crispelle: That was me. Corrie: I got you as Robert. Crispelle: Robert Crispelle the last name. Meridian City Council May 6, 2003 Page 28 of 66 Corrie: Okay. Toni Root? Root: I have nothing further to add. Corrie: Okay. That's here. Next. Darin Rokovitz. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Rokovitz: I do. Corrie: Name and address, please. Rokovitz: Darin Rokovitz. 918 West 3rd Street. I live in the house immediately north of the proposed site. I was kind of listening to some of this and I know most of what I said before in opposition, that's in the P&Z notes, too, but a few of the things that I kind of wanted to bring up that weren't really mentioned. I understand they believe that that's going to be in the best interest of the neighborhood. However, I live there. I'm a single dad with two children. My kids access that street all the time. One of them walks the route along Pine Street and does go to school on a daily basis. Even took a count there and on any given time -- and this was, actually, a low count, based upon when I talked to the crossing guard, but there was one day at quitting time for school, there was over 75 plus kids that walk along that route that do come -- that, actually, walk home, they don't ride bus or anything else. What they are basically doing is they are saying there is no increase in noise, no increase of traffic this is just harmonious for the neighborhood. Even in the ACHD report it said -- it bases it upon trips and the way I understand it is a trip is considered two, going, dropping off is one, then, leaving is a trip. Two for every time, they drop off a child. They put in their notations, I believe, that it went on 3rd Street from ten trips to 160. This is a dead end street and it's a very short dead end street. Right off the bat that's a little contradictory, saying it's not increasing the traffic here. Ten to 160 to me is a considerable increase noise and pollution along with that. They are addressing the issue of just the children. Now, we understand children can be noisy, they will claim that. Yes, I live next to the school grounds. Even with that in consideration, the playground -- all the play areas like swings and that are considerably farther away from all of the residentials, roughly right in that area. Also, additionally, the school does a very good job of not allowing the kids to come near those fences where the residents live. They do not allow them to sit there and play by the fences. They keep them out in the middle of the playgrounds. Additionally, we are talking about additional noises here. It's not just children making noise. I work an evening shift I get home very late, sometimes 10:00, 11 :00, sometimes 2:00 in the morning. My main sleeping time is morning time, anywhere from about 2:00 in the morning upward to about 11 :00. That's where I get my eight hours sleep, so I can function and go to work. They are talking about this facility operating from 6:00 a.m. 6:00 or 6:30 P.M., I believe, somewhere in the neighborhood. That means they are going to start having cars coming in -- we understand that people try to be courteous, but you got doors banging and things like that. You know, that many cars coming add pollution. You know, exhaust. Summertime is coming. That accelerates it. There are six main daycares Meridian City Council May 6, 2003 Page 29 of 66 within a one-foot radius -- a one-mile radius of our area and none of them are in -- right in a residential area. I'll wrap this up very quick safety of the children. They addressed it for the facility only. Seventy-five children walk there, you know, increasing traffic from ten trips to 160 coming out on the road. That was their -- that's the one that - Corrie: Your three minutes are up. B. Schmeckpeper: Thank you. Corrie: Thank you. Any questions. Is Ronald Rokovitz here? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Rokovitz: Yes. Corrie: Name and address, please. R. Rokovitz: My name is Ronald Rokovitz. I live at 19487 Apricot Lane. I'm the owner of the property to the north. I have a statement here I'd like to read. I'll try to keep it as brief as I can. I appreciate the opportunity to address you this evening. My wife, our neighbors, and myself are responsible for the petition that you should have in front of you that had the 58 signatures of the people who oppose this project. I turned those into the Planning and Zoning Department last week. I obtained these signatures in response to Dave McKinnon's statement that the Planning and Zoning Department did not have the time or personnel to contact any of the residents beyond the 300-foot requirements, although they are affected by the proposed development and have signed a petition against this development. The Planning and Zoning staff report indicates that they do not believe the rezone would be disturbing to the neighborhood, but did not conduct any kind of a survey to see what the surrounding residents really -- how they really felt about this new development. As you know, the Meridian Planning and Zoning Commission denied this, based upon the signatures of the residents. In the proposed Old Town designated by your own Comprehensive Plan, the signatures are from those folks in the designated Old Town. Dave has indicated that both the Mayor and the City Council and interested in knowing what those people in this proposed Old Town area -- how they feel about the proposed rezone and about new commercial development in there. Many did not attend the meeting at the first Planning and Zoning or the second Planning and Zoning Meeting, because they were unaware of the proposal. They were not notified by anybody at Meridian Planning and Zoning Department. I believe you can see from the signatures that this day care center is not wanted in this area. This area is predominately residential and wants to stay that way. The Planning and Zoning Commission indicated in their notes that the request was denied, because they did not feel the commercial should be forced upon residents that didn't want it in their neighborhood. The proposal will cause traffic problems on Pine Street, which is a street that is a major collector, has very little in the way of stop signs, even fewer traffic signals. Traffic exceeds the speed limit, especially during morning and evening rush hours and your policemen are the first to admit they do not have the time, facilities, or manpower to do what they would like to do throughout the town of Meridian City Council May 6, 2003 Page 30 of 66 Meridian. All cities are facing that problem. I believe the developer has indicated he has made many improvements to his property and that's true. He has but he hasn't made any improvements to the neighborhood, he hasn't made any improvements to the neighbor's property, he -- the day care center is not needed in this area. There are six commercial day care centers within one mile of this proposed location. [think the day care center would be better located elsewhere where there is less traffic. There was no consideration regarding ingress and egress right next to my property. I requested a 20- foot buffer zone and that was denied. [have told the petitioners that signed the petition that the Mayor and City Council would consider their wishes regarding this rezone and regarding commercial development in their neighborhood. Thank you for your time. Corrie: Thank you. Questions? Okay. Thank you. [hate to say this, but I probably can't pronounce the last name, but is there a Randy or Robin here. Okay. Is there anyone else in the public that would like to testify against at this time? Yes, ma 'am. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? C. Rokovitz: It is. Corrie: Name and address, please. C. Rokovitz: Charlene Rokovitz. 19487 Apricot Lane, Caldwell, Idaho. I grew up in Meridian. My mother owned the house on the north since 1974. I'm sure that you have read the minutes from the Planning and Zoning Meetings and are aware that the neighbors do not want the Rezone, Conditional Use Permit, granted. The proposed site is not enough for the intended use without considerable modification, Variances, and even waivers of every waiver they can come up with. It was stated in the last Planning and Zoning meeting that -- and I quote the only reason they are going over 0- T is because it is not approved in an R-4 zone, which it's presently zoned at. It's not predominate in the neighborhood and the neighborhood is predominately residential. Mr. Zaremba stated Old Town is a transition zone, changing from residential to compatible business and commercial and that's the law that we must follow and Mr. Centers stated let me add, too, the Comprehensive Plan is not a law, it's a guide for us, it's totally not a law. Excessive modifications have been made without consideration of the detrimental effects of the neighbors. All Variances, revisions, waivers that were authorized were for the sole benefit of the developer. ACHD okayed the alley and the street, even though they knew that their own requirements were not being met. They were shown where their road was being cracked, where the gutters were cracked, they intentionally ignored the wishes of the surrounding residents for the benefit of this one developer. We have asked Planning and Zoning only for the legal rights and asked Planning and Zoning to follow their own requirements with no exceptions, no Variances, no waivers, to the 20-foot buffer zone, and that it have a parking -- no parking spaces or garbage receptacles included in it. From the map that they just showed up there, it looked like they have a new plan with less buffering than what they even turned into the Planning and Zoning. ['m just going by what they had shown that it looked like. The bushes along there were all filled in. We pointed out to them at that particular time that Meridian City Council May 6, 2003 Page 31 of 66 the type of bushes they wanted to put in, not only would be bare in the winter, but they grew -- according to a greenhouse, it would be five feet before they even had any kind of foliage on them. We asked that the public alley was not used for the purpose of an ingress and that the benefit -- for the benefit of one business, that there was no egress to 3rd Street to add additional traffic to the dead end street. It was stated at the Planning and Zoning Meeting by Mr. Centers when they ask for a five-foot buffer instead a 20- foot buffer, that Mr. Schmeckpeper, and I quote, you apply for a permit and you want a lot of exceptions that don't fly too well. A 20-foot buffer, you want five. You can't ask for a lot of concessions when you're asking for a Conditional Permit. That's my view. The city has certain ordinances and they like them followed and, then, to ask for the exceptions sometimes just doesn't cut it. End quote. This is a big property dispute going on with Mr. Schmeckpeper and even though he stated this isn't an issue, it is, because he doesn't even know where he can put his fence up now, because of this property dispute. Corrie: Your time is -- kind of wrap it up. Your time is -- C. Rokovitz: Okay. One little paragraph here. Even though there is a law that is boundary by agreement that back us, we didn't want to go to court, as our lawyer said, it would take two to three years to get this property dispute solved. At this time it looks like the property line on the north will be tied up in court for the next couple of years. Because of all these reasons given by myself and the other neighbors and the petition -- and you should have a copy of the petition, because it was handed in last week. Because of all these reasons, we believe that -- that you should deny this project and -- on the Conditional Use Permit and on the rezone. Any questions? Corrie: Council, any questions? Thank you. C. Rokovitz: Thank you. Corrie: Anyone else like to testify at this time against the project? Okay. The representative, you can have five minutes to rebut anything that's been said against it and, then, we will -- Garrity: Thank you. I'll try to go below five minutes Kelly Garrity, again, on behalf of the applicant. Thank you, Mr. Mayor. Just very briefly, three points that seem to keep coming up are the numbers, opposition, location, and traffic, and those are the three points I'd like to address very briefly in rebuttal. As far as the numbers, again, the map that we pointed out and the supporting documentation point out both in favor and in opposition and, as this Council is well aware, and as many folks are well aware, people who tend to support things don't tend to show up at night and testify. We do have quite a few signatures that support the stars who are in favor of this. I would also like to point out that two of the most vocal opposition, the folks here in the audience tonight, actually, live in Caldwell and don't live in this neighborhood. Another point, the traffic. Again, that's been discussed. ACHD is taking a look at this. The nice flow that goes through, the one way traffic pattern, that alleviates any congestion -- and, again, this is off of Pine Meridian City Council May 6, 2003 Page 32 of 66 Street in an ideal location where most of the folks who will likely use this facility are already using Pine as it stands. Given the testimony by Sharon, who says, you know, mostly the folks coming from Meridian Elementary will likely be using this area, which I believe is probably a safe assumption, given their pattern -- traffic pattern on Pine -- getting from Pine over to Meridian. Likely, the same parents who are dropping their kids off at Meridian Elementary will be using Sunshine Academy. There was some discussion, again, about the location -- ideal location. There may be other day-care facilities in other areas of Meridian, but given the location by the school and you have seen the improvements made by landowners to this area, this is, really, just a -- it's a terrific facility, they put a lot of time and effort to this, they have got great folks with wonderful experience who are going to be involved in this. Safety and education are their two top priorities for these children. Just, finally, one more point, there is an indication -- or a point made about this buffer zone. Just to clarify, it -- the bushes were reduced only upon adding a fence. There is, actually, a fence and, then, there are the bushes, It's 10 foot buffer with a fence, just to clarify for the Council. At th is point I will stand for any additional questions Council may have. Corrie: Council, any questions? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess because of its proximity to the school, what is the anticipated -- where the staff would walk the kids to school and leave them at various stages at the school to walk them back then, hours of operation. Garrity: If you don't mind if Sharon can answer that question for you. Corrie: Just to remind you you have been sworn in. O'Toole: Yes, I was. Let me just briefly show you this. The map that I gave you just shows the Meridian Elementary School property area and the line drawn just shows the walking path from the school to the center. As you can see, there are no -- they don't have to cross Pine Street, they just come straight up 1st Street and, of course, they cross -- there is one intersection across there at 2nd Street, which is very low traffic and it's on the same side of the street of Pine. The way that would work, it's primarily kindergartners that we are talking about who either are in morning or afternoon kindergarten and either need to be taken to school for their afternoon session or picked up after the morning session and brought back. What we would do is send a teacher to the school, they would pick them up at the front door of the school, there would be written permission from the parents to the school, so they know that we are taking responsibility for the child. They would know when that responsibility passes from the Meridian City Council May 6, 2003 Page 33 of 66 school to Sunshine Academy and, then, we would escort them to the building where they are picked by their parents. Bird: Mr. Mayor? Corrie: Mr. Bird Bird: Since when have these gates come off of Meridian straight through to that-- O'Toole: I don't know. I didn't try to match the -- Bird: I have never known it to -- is there a gate across there that is -- that is not a -- that's not a through street. That would be right between the administration building and the doctor's office there and it does not go through, so you don't have a -- Corrie: You have to be on the record. Bird: That's okay. No. That's okay. I just wanted to clarify the map, that that is not a through street. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Tonight I think I heard you state and Ms. Garrity state that the -- that is doesn't appear that children would be coming at one particular time it would kind of be spread out. O'Toole: That's correct. Nary: Okay. Now, on April 3rd in front of the Planning and Zoning Commission that's not what you said. You said it would be predominately in the morning, predominately in the afternoon and very little during the mid day. O'Toole: There is not a lot in the middle of the day, but they are spread out over those morning hours. The center is scheduled to be open from 6:30 A.M. to 6:00 P.M. and, typically, children arrive at the center between 7:00 and 8:30, as the elementary school starts at 9:00, so most parents bring their children to school and take the elementary child if they have one. That's just -- that's just typically how it goes. In the afternoon parents tend to pick their children up anywhere between 4:00 and 6:00. We are spread over those couple of hours there. There is very little traffic in the middle of the day, although there might be a few people bringing their kindergartner to the afternoon session. Nary: Right and that's what I guess was confusing, because you previously stated more like a day care, there was kids come in the morning and all the kids get picked up in the Meridian City Councll May 6, 2003 Page 34 of 66 late afternoon, but tonight you made it sound like it was like a school, that there is classes all day long -- O'Toole: No. No. Well, there -- Nary: -- with people coming and going all day and that spreads the traffic out. It doesn't appear to me from what you're saying that it really spreads the traffic out. O'Toole: It doesn't spread it out across the day. I guess my point is that it spreads it out over a couple of our period and a couple of hours. If you're looking at, you know, 25 or 30 cars, probably, in that -- someplace in that area, maybe a few more, spread over two hours, that's not a lot at one time. It's not like school starts at 8:00 and everybody has to be there at 10 minutes to 8:00. Does that make sense? Nary: Well, it's more than a couple of hours now, but the other thing I -- you're talking a lot about Meridian Elementary and the safety to and from the school, so is this Sunshine Academy only going to accept children that go to Meridian Elementary? O'Toole: No. Nary: So, how are those other kids going to get to school? O'Toole: They will be brought to the school by their parents and picked up by their parents. Nary: Okay so, you won't be -- O'Toole: It won't -- Nary: -- transporting kids to school or back? O'Toole: No. We will not be transporting children to school and back. Our primary target are preschoolers and most -- we will have a toddler room -- a separate toddler room that serves children 18 months to two and a half and that room will hold eight children only and the rest will be mostly three to fives, even though we can take an after school child up to nine, but, then, you're talking like 3:30 to -- mom gets off work. Nary: So, again, if you -- so, if the parent wants -- a parent has a kid at a different elementary school, you're not going to go get them, they are going to have to transport them there after school to your place or find someone else to transport them? O'Toole: That's our big -- our program is not really an after school program. Okay? Although we can accept a few children after school if we have slots, as parents provide the transportation. That is not our focus. Our focus is preschool. Meridian City Council May 6, 2003 Page 35 of 66 Nary: So, again, a majority of your parents are going to come -- if they are not school children that you're focusing on, then, a majority of your parents are going to come between 6:00 and 8:00, because they don't have kids in school and they are just going to work. Isn't that what -- O'Toole: They are going to -- well, typically, there may be one or two children at 6:00 o'clock, but I have been in a lot of centers that open at 6:00 and it's 7:00 before anybody gets there. You're talking about one or two children that early. Nary: So, we could change it to 7:00 for operating hours and that would be all right? O'Toole: Well, I don't want to eliminate that service for the people who need it, but what I'm saying is, typically, there are only a few people who need those early hours. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We are talking about 6:00, but I thought she just stated it was 6:30 A.M. O'Toole: It's 6:30 A.M. to 6:00 P.M. Bird: And I agree with you that I think there is very few people that leave at 6:30, because if you want to go to Boise, you leave about that time you can whiz right in. Now, if you wait until 7:00 or 7:30, then, you're -- got traffic. O'Toole: I mean my experience with centers is most of them are open that early and they may have one or two children and they want to accommodate those parents, but there are not a lot of children at that hour. Corrie: Any other questions? Okay. Thank you, Mrs. O'Toole. Counsel, do you have any other questions to ask during the Public Hearing are you through? Garrity: Just in summation, in the event the Council chooses not to approve the applications, we would ask that the Counsel provide what standards haven't been met and what the applicant could do to actually meet the standards. We respectfully request and hope and that the Council, after hearing the testimony, would approve these applications. Thank you very much for your time. Corrie: Council do you have any questions for the Public Hearing at this point? Bird: I have none, Mayor. Corrie: Okay. Hearing none, then, I will entertain a motion that we close the Public Hearing on Item 9 and 10, request for rezone and also request for a Conditional Use Permit. Meridian City Council May 6, 2003 Page 36 of 66 Hawkins-Clark: Excuse me, Mr. Mayor? Corrie: Yes. Brad. Hawkins-Clark: Would it be possible to get one from staff in before the hearing is closed? Corrie: Yes. Go ahead. Hawkins-Clark: During the testimony time we -- and we have not spoken with the applicant about this, but we were just doing, with a scale, a little bit of work on the Site Plan and the ordinance for off-street parking does allow for angled parking. In this case, as you can see, they have 90 degree parking that they are showing there. If you angle the parking, since you have one way traffic, so that's really the only time angled parking works, so you would have, potentially, your parking come in, back out, and move out. If you did that, our quick estimates are that they could, potentially, get these two parallel stalls that they are showing down here, you know, up here along the garage and the building. Now, it may impact this play area, but if a redesign is possible, our point is that this buffer on the south side could potentially increase to approximately 17 or 18 feet. It is supposed to be 20, according to the ordinance, because it is single-family adjacent to a day care, which does require 20. We just wanted to throw that -- that quick analysis here at the staff table does show that that may be possible with a little reconfiguration. Corrie: So, 18 rather than 20 that's required? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: That's the north side. Is that the south end? Hawkins-Clark: Correct. Bird: Yes. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I did have one more question. Brad, one of the things that confused me a little bit about this application -- I don't recall other businesses in the city that have their main ingress from an alley. Is that uncommon? I mean don't -- I can't think of another business that has the main entrance into their business from an alleyway. Are there other ones? Meridian City Council May 6, 2003 Page 37 of 66 Hawkins-Clark: Councilman Nary, I can't say for certain, but, you're right, [ mean certainly the vast majority of projects have -- [ mean the alleyways are public rights of way -- Nary: sure. Hawkins-Clark: -- that Ada County Highway District has jurisdiction on and they have had a hearing and they have said that that would be a legitimate use of that alley but, you're right, no, in terms of the primary access that it's -- Nary: Is the alley currently a one way? Hawkins-Clark: Most alleys in the city are. I don't know that for a fact on this case. Nary: Most alleys are a one way? Hawkins-Clark: Yes. Nary: But 3rd Street isn't one way, I assume. It's a two way street so, it's just that alley. Bird: The alley isn't a one way. That's the only access. Nary: Yes. I don't think it's -- Bird: And neither one of those are -- all along there -- you know, [ have drove that since 1965, so I -- all those alleys are two ways in and out of there. Corrie: Any other questions? Okay staff, anything else? Hawkins-Clark: No. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: If no one has anything else, I guess I'd move to close the Public Hearing. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? Okay. All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion, Council? Meridian City Council May 6,2003 Page 38 of 66 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think the Meridian Planning -- entire downtown corporation has taken Old Town in that urban renewal area from 41t'l to 4th, so it's just when that will be enacted I have no idea but -- so, the changing of the zoning isn't -- is going to happen sooner or later, I suppose, on the deal. I just thought I'd throw that out. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess for the sake of discussion and in looking at the Zoning Amendment first, without doing that, really, there is no point in the CU P, but in looking at 11-11-15 -- or, excuse me, 11-15-11. I'm sorry, in looking at the findings that we need to find to allow for this -- and Ms. Garrity is correct, sort of as an amalgam of the CUP requirements, as well as a few additional requirements to allow for the rezoning. In looking at each one of them, under Subsection A it talks about the zoning is harmonious with the Comprehensive Plan. Clearly it is. I mean we did include this area in the Old Town area. What's different, though, in a rezone, rather than just a CUP, is that we have to look at the uses at the time of the rezone that's being requested. It says is the area included in the zoning amendment intended to be rezoned in future. Again, obviously, it is. I think A and B we can certainly find. C says is the area included intended to be developed in a fashion that would be allowed under the new zoning. For example, a residential area turning into a commercial area by means of Conditional Use Permits. Again, I think that's what this is. The difference in this is this particular area, at least at this time, it has, -- I guess the problem is that there is not a tremendous amount of businesses on the north side of Pine. There is some I believe right here on the entranceway into Meridian Elementary, there is some businesses right there, but there aren't any businesses along Pine Street on that side and I'm sure, Council, you folks remember about a year and a half ago they asked to put a school about six blocks down Pine Street on the north side, right on the corner from there, and Planning and Zoning Commission denied it and said the school -- that school was incompatible with the surrounding neighborhood. On 0 it says has the change in the area -- has there been a change in the area to dictate that the area should be rezoned and there hasn't. Again, I think that's unfortunate from the applicant's standpoint, I think someone has to be first and that's kind of where they are at. There has not been change of any significance in that north side of the roadway at this particular time. Under E it says will the proposed uses be harmonious and appropriate in appears with the existing intended character of the general vicinity and that such use will not change the essential character of the same area and I don't know that I can make that finding. This is a wonderful facility. I think this sounds like a very nice day care facility and I think it is something that could be an asset to our community. I don't know that it can be an asset there. I don't know that that location is very good for this business with this intense use in that one block street that's a dead end, butted against all these other homes -- I mean I think the Meridian City Council May 6, 2003 Page 39 of 66 Schmeckpeper's have done a wonderful job in revitalizing that house from what it was and putting it into a much more usable condition than it used to be. I'm not sure that I can make a finding that this will be harmonious and in character with the general vicinity, based upon both the testimony provided by the residents, as well as the fact there is no other businesses of this particular type in the area that are immediately adjacent to that, they are all residential homes and multi-family residences. F says it will not be hazardous and disturbing to existing or future neighboring uses. Again, I'm not sure that I can make that finding either way. I don't see that there was a lot of evidence presented on that, but I think the evidence that was presented is that it is disturbing to the existing neighborhood uses, that that level of traffic and noise that's generated by it and potential pollution, that that alleyway -- I am usually a very, very big supporter of the Ada County Highway District, but this sounds like a shoehorn to me. I mean we really shoehorned this roadway ingress into this property in an alley and I don't know of any other place in Meridian that has that kind of ingress into a business right by people's homes like that. It says -- H says will not create additional, excessive public cost for facilities and services or detrimental to the economic welfare of the community. I don't believe that this would be any of those things and I think we could certainly make that finding. I says the proposed uses will not involve activities, processes, materials, or such that would be detrimental to the persons, property, or the general welfare by excessive production, traffic, noise, smoke, fumes, glares, or odors. That street currently has I think four homes on it and to go from 10 vehicle trips a day to 160 is a significant change in character for that street. That is a tremendous difference from what exists currently. J says will the area have a vehicular approach to the property, which will be designed not to create interference with traffic or surrounding public streets. What I fear is what's going to happen is no one is -- very few people are going to use that alleyway through there and the drop off is going to be out here on Pine Street causing more traffic congestion than what currently exists and I think that's a problem to me. K says will result in the destruction or loss or damage of natural or scenic features of major importance. I don't see that as a particular problem and certainly that finding I think you could make. Is the proposed Zoning Amendment in the best interest of the city? I think that's kind of the catch-all on the bottom line and we have to find the other findings of all of them to rezone, not just one of them, and not most, we have to find them all, and I can't find them all. I think this is a great facility. I think the people that want to run this facility will do an excellent job. I think what they offer to the community for day care is great. There are facilities like that on Linder, that large, that are for a large number of children that provide varieties of opportunities for people in the community for their children, I just think this location is not the one for it. I think this is a place that is not really geared for a facility for this sort of use of this intensity and this size in the neighborhood. If we were in -- you can ask for this Conditional Use Permit for a center in any subdivision in this town and if you do ask for this in any subdivision, the likelihood, in my opinion, that we would approve that is about zero. I don't know why this is any different. This is not geared towards this type of use in that area. These -- I think these facilities are wonderful, I just don't think they need to be smack in the middle of a neighborhood. The level of traffic that comes and goes through those facilities is gigantic. That's why on Linder we required they put in a turnaround, why they had to have a larger facility for having cars coming in and out of it, Meridian City Council May 6, 2003 Page 40 of 66 and this one doesn't have it. This is no big -- this is about the size of what they are talking about as those facilities on Linder that we required more space. I can't make this finding for rezoning this, therefore, the CUP isn't necessary, but I just don't see how, with the evidence that we have before us, we make any of those findings or every one of those findings to allow this rezone. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: When the one clearance -- clarification I want to make is on the difference in schools. Yes, we have turned down a school down on 11th, block number 11, but it was an alternative high school for kids that could not make it in the standard high school and was brought down to the little school so, you're talking about a big difference. Nary: We did not make any findings based on the kids in the school. It was having the school in that neighborhood. Bird: We didn't have the -- Nary: But I did on the Planning and Zoning Commission and that's where it was made, not because of the kids that were in the school, no. Bird: Yes. Well, there is a difference there, but-- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think this is a good use, but the intensity also concerns me. It's too many kids and I understand the configuration to the square footage in the home or in the structure determines the amount of kids, but I think as we look at our zoning laws and we put the number of kids in different residential zones, there was a reason we had the numbers where we did. This is a high, intense number, which changes the complexion of the ingress into that alleyway, so the residential that would be on there would also have to follow the contour of the loop and have to come out on 3rd. There are some issues. I personally -- I think that -- and I'm not a traffic engineer, but I know several in- home centers that do preschool and they will be capturing trips from that elementary school and walking them back and forth and so I don't see that they are going to have this typical traffic that you see in the centers on Linder. I guess my concern was the number of kids, it's more than 30, it has been changing, and it will -- it will alter the area, even though I think because the church is there, the businesses by the school, and there are starting to be some businesses considered across the street, Pine Street is a collector, it's built for traffic, it is the integrity of that area that would be of concern and I still think it's an acceptable use, but the numbers concern me as well. Meridian City Council May 6, 2003 Page 41 of 66 Corrie: Okay. Thank you. Anyone else? Hearing none, I'll entertain a motion, then, if you're ready to, on the request for rezone, RZ 03-003. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Nichols, based on the part I just put into the record, do you think, from a finding perspective, that you need more than that? Nichols: Mr. Nary, Mayor, Members of the Council, we have the luxury of Mr. Willis's transcript to go from in preparing those transcripts, which -- or those findings in relatively short order. If I recall correctly, there were two specific findings that you felt were not supportable by the evidence. Nary: Yes. Nichols: And you did detail those out in your discussion. Nary: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Although, Councilman Nary, I think, just so the applicant and the neighbors have a better understanding, it would be good to communicate those in your motion. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm going to move to deny RZ 03-003, the request for a rezone of .35 acres from R-4 to an O-T zone for Merlyn Schmeckpeper by Merlyn Schmeckpeper at 230 West Pine Avenue, pursuant to the record as presented tonight, as well as specifics under Meridian City Code 11-15-11. That there is inadequate evidence in the record to indicate -- in fact, the evidence is contrary that under 11-15-11, Sub D, that the adjacent area has not been changed to any significant degree, since the Comprehensive Plan was implemented. That under Subsection E, the design and use of this property, from the evidence that has been presented by the neighbors, would not be harmonious with the character of the general vicinity of the neighborhood and will change the character of the neighborhood significantly by the intensity of uses of traffic and the like. That under Subsection F, it will be disturbing to the exiting neighboring uses which are all residential either single or multiple family dwellings and very few, if any, commercial businesses in the immediate adjacent area. That under Subsection I, that it also will significantly impact and be detrimental to the general welfare of the surrounding area by Meridian City Council May 6, 2003 Page 42 of 66 reason of excessive production of traffic, noise, from the increase of traffic from this particular business and the configuration of traffic flow around the businesses. That under Subsection J, the vehicular approaches to the property will be significantly impacted and interfering with traffic on surrounding public streets by the significant increase from the current level of service to an increase that's about eight -- well, about 20 times the current level of service on that particular street. Include all comments of the Planning and Zoning Commission as well and for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order for denial. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Further discussion? Hearing none roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, naye. Corrie: Vote is three ayes, one nay. The request for rezone is denied. MOTION CARRIED: THREE AYES, ONE NAYE Corrie: Mr. Nichols, what do we do on Number 10? Is it necessary to do anything now on the Conditional Use Permit? Nichols: Mr. Mayor, if I can ask a question of staff. Brad, I'm correct that the CUP could not be applied for in an R-4 with regard to this particular use? Hawkins-Clark: That's correct. Nichols: Mr. Mayor, Members of the Council, it would probably be a sufficient finding to find that the zoning was not -- was not changed. If there are additional items that you wish to include in your motion that you feel that state statutory requirement of explaining to the applicant what they might be able to do to obtain approval, you could certainly do those, but I think you have probably done that with regard to the rezone findings or you can incorporate the rezone -- denial of the rezone in your motion. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Then, I would move to deny CUP 03-006, the request for the Conditional Use Permit for a child care facility for approximately 30 children in a proposed 0- T zone for the Sunshine Academy by Sharon OToole and Debbie and James Sheridan at 203 West Pine. To include comments of the Planning and Zoning Commission, as well as comments presented tonight, to incorporate the findings of RZ 03-003, as well as indicated in the findings for this, that the rezone was not granted. Therefore, this Conditional Use Permit would be incompatible for the current zone of this particular Meridian City Council May 6, 2003 Page 43 of 66 property and for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Roll call vote, please. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: At this time I'd like to take about a five-minute break, if I may, and we will be back to do the other Public Hearing on the Comfort Suites. Let's come back here in about 10 minutes. (Recess. ) Item 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: Corrie: Okay. If everybody will take their seat, we will continue the Public Hearings, Number 11. This is a request for annexation and zoning of 2.223 acres from an RUT to a C-G zone for Comfort Suites by Kanti Patel, west of South Eagle Road, south of East Magic View Drive on South Wells Street. I will open the Public Hearing at this time on Item Number AZ 03-007, and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This item is requesting annexation and zoning into the City of Meridian. The property is located within the Magic View Subdivision on the west side of Eagle Road, north of the 1-84 on ramp. The Idaho Transportation Department right of way is just showing up here as one large block of right of way, but the on ramp is more or less here along this boundary. There is a road, I believe, that's not shown on this vicinity map, called Freeway Drive, that runs here from Allen, which is the north-south street, and, then, curves around this property and, then, hooks up with Wells. The Holiday Inn Express is already zoned commercial general, as are these other six or seven parcels within Magic View Subdivision. The request tonight is for the same zoning as these other parcels shown here. The corner piece here on Freeway and Allen was recently approved for a hotel as well, Hampton Inn Suites. The request here tonight is just an annexation and zoning request. If it is approved, the C-G zone would allow a hotel use outright without any Conditional Use Permits. As you can see, there are predominately large undeveloped tracts out there, two and a half to five acres in size. The Ada county subdivision here over to the west is one acre subs, single-family housing. I guess those are the only two slides we had on Meridian City Council May 6, 2003 Page 44 of 66 this project. There was a staff report that was prepared, dated April 3rd. The [egal description has been checked for accuracy and other standard annexation staff reviews. We did perform those and the findings are there for your consideration. Planning and Zoning Commission did recommend approval of the annexation request. The Site Plan that was submitted is not specifically approved. Of course, they would have to come in with the standard Building Permit process and we would review the Site Plan at that point in time. The contiguity does take place, even though it's not shown here on the map, of 1-84, along with a strip of land adjacent to 1-84 and ITO's property, was annexed to a light industrial and that's where they are contiguous to the city limits. The tax parcels -- buildable parcels around them, as you can see, all remain Ada county jurisdiction, so this would be -- this would be the first annexation in this particular block, but they are contiguous on the 1-84 there. That's alii have at this point. Corrie: Thank you, Brad. Any questions of Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, on that Hampton Inn Suites, I know we had a discussion with the developer about signage adjacent on the freeway, but I don't recall, was there a Development Agreement or anything like that limiting signage and is there anything like that on this property or any discussion about it? Hawkins-Clark: Mr. Nary, Members of the Council, there was a Development Agreement on that five-acre parcel for Hampton Inn. I don't have that with me. I don't believe that signage was specifically addressed as a part of the OA. Our sign ordinance has an 1-84 overlay zone, so that if your property lies within 300 feet of the 1-84 right of way, you can go up to a maximum of 40 foot tall sign. I don't -- I don't believe signage was addressed as a part of the Hampton Inn, but I would have to verify that. The project here does not -- that we are talking about tonight does not have a sign condition placed and I don't believe the Planning and Zoning Commission even recommended a Development Agreement. It would just be a straight annexation. Nary: I think on the Hampton Inn, I think the discussion was with the developer and they, you know, understood that we were not going to have a hundred foot sign on that property and they committed that that's -- they were just fine with whatever signage was allowed them. No other Variance or exception. I just didn't know if that was discussed with this developer. We can discuss that when they are up here. Thanks. Corrie: Any other questions? Okay. This is a Public Hearing. Is the representative of the Comfort Suites here? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Toll: Yes. Meridian City Council May 6, 2003 Page 45 of 66 Corrie: Name and address, please. Toll: My name is Rocky Toll. I'm with Design Resources. My address is 1014 La Pointe in Boise. Basically, I'm fine with the facts and conclusions that the Planning and Zoning has and I would be glad to answer any of the questions that you have got in the capacity that I have, so -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: As you can tell, my concern is signs. We have a lot of very tall freeway signs that I'm not very found of that are over there and I'm always concerned that when you have visibility from the freeway and the access roads are not real direct, that the next thing you're going to be back here or someone else is going to be -- a developer is going to be back here and wanting a hundred foot sign that's lighted that you can see from Caldwell. Has that issue been discussed and are they understanding that that may not likely happen? Or it might not happen. Toll: I have not discussed it with them. Typically, we don't get involved in the signage as far as what they have got. If you have got an ordinance and that's what it is, that's what they are going to have to go by. I have not discussed anything by them. Typically, we let somebody else work the signage as far as what they are doing and we just do the building on the site and try to -- try to find out what the Planning and Zoning and the building department wants us to do. Nary: All right. Thank you. Toll: Any other questions? Corrie: Okay. Thank you. Toll: Thank you. Corrie: Is there anyone else here that would like to testify for this project? Is there anybody to testify against this project? Okay. Council, any questions, then, on the Public Hearing of staff? Any questions? Okay. Hearing none, I will entertain a motion, then, if we are ready, to close the Public Hearing on AZ 03-007, Comfort Suites. Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. Meridian City Council May 6, 2003 Page 46 of 66 MOTION CARRIED: ALL AYES Corrie: Any further discussion? Hearing none, then, I will entertain a motion on the request for annexation and zoning. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move we approve 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, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and include all staff and Planning and Zoning conditions. Corrie: Okay. Do I hear a second? Nary: Second. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion on the motion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: All ayes. Motion for request for annexation and zoning for Comfort Suites is approved. MOTION CARRIED: ALL AYES Item 12. Public Hearing: CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake Villa~e by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: Corrie: Item Number 12 is a Public Hearing, CUP 03-005, request for a Conditional Use Permit for a planned unit development for Meadow Lake Village by Hummel Architects, PA, east of South Eagle Road and East Franklin Road -- on East Franklin Road. At this time I will open the Public Hearing on the request for Conditional Use Permit and ask Council -- or, excuse me, staff first. Hawkins-Clark: Mayor, Members of the Council, this item is requesting a Conditional Use Permit to revise their existing conceptual planned development. As you're well aware, the project is well under construction. The plat -- they have had a plat to construct a private -- I'm sorry, a public street into the property off of Franklin Road. The plat is at this point in time just two large lots, but they did submit that as an application. Meridian City Council May 6, 2003 Page 47 of 66 They have also, as you can see, annexed and zoned a parcel in the center that was not a part of their original application in '98 or '99. That is where they currently have their sales office, I believe. There remains one remnant parcel that is here on the south side of Franklin Road, which the Touchmark development does surround. Again, Montvue Subdivision is contiguous to the project here on the west. The Ridenbaugh Canal is wrapping around it to the east and, then, 1-84 on the south side. This is a Site Plan that was submitted that shows the proposed modifications to their concept. We do have copies of the original here that we could put on this other projector if the Council would prefer. We did not put those into our slide slow, but if you want those, we could set it up. Generally, they were showing previously on the Franklin Road frontage -- this is the dominant change is the Franklin Road frontage and, then, some use changes that kind of wrap here around to the south and west. The frontage is shown to be a mixed-use retail and office. The street that would access off of Franklin is another general change. This was a cul-de-sac before they are now having a through street that would parallel Franklin Road to provide access through the project. The Planning and Zoning Commission staff did look at that as to whether private or public and we are recommending that that go public. The shifting of the commercial and office buildings around in the project is not prohibited, but the revisions would require the dedication of a new public street to act as a frontage road parallel to Franklin and I just talked about that. The one change in terms of use that came up at the Planning and Zoning Commission was related to the condition -- where Conditional Use Permits would be required for the Touchmark project in the future. As the current concept stands, all phases have to come in through -- with Conditional Use Permits. The modification that's before you tonight is to not require the residential components more or less in the center of the project to have a separate CU, but any other nonresidential detailed Site Plan or building pad site would have to come through again. Because we have not seen parking layouts and other details related to landscaping and trash enclosures, et cetera. So, that would be coming in the future. In terms of the phasing of the project, they were asked to submit a revised phasing plan at the Planning and Zoning Commission and they did do that a couple of weeks ago. The only thing I would point out -- the applicant can certainly address this further, but they are showing the second access off of Franklin -- or from Franklin into the project to be moved from Phase 2 to Phase 3. That is a change from the approved phasing plan. The numbers are a little bit difficult there to see, but Phase 5 is here, Phase 3 is more of the frontage area, then, Phase 2 is really all of this residential down here around the Ridenbaugh and, then, down to the 1-84 frontage area. I think the Planning and Zoning Commission recommendations just added to staff's recommendations the two changes and those are the phasing plan, as well as revising of the Development Agreement to allow completing Street H -- the Franklin Road intersection and H and just dealing with some of the phasing there. That Development Agreement would need to be changed if this concept modification is approved. Thank you. Corrie: Thank you, Brad. Any questions? De Weerd: Mr. Mayor? Meridian City Council May 6, 2003 Page 48 of 66 Corrie: Mrs. de Weerd. De Weerd: I guess just a point of clarity is the road that's supposed to connect to the west, to Montvue, is that not in phase one or isn't it? I can't see it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe to clear this up. This appears to be all one, this roadway, and this is two. All of these roadways and the structure is one but the numbers are pretty small. Bird: That's not one. It's looks like one to me, but-- Nary: Well, I guess -- Bird: It is a one? Hawkins-Clark: It is a one. De Weerd: For our eyes, color is probably-- Bird: It is a one. De Weerd: Is better. Corrie: And we will give it back. We won't steal it. De Weerd: Well, Will may not, but we would. Corrie: We'll use it to answer a question. Any other questions? Bird: I have none, Mayor. Corrie: Okay. Is the applicant or representative here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Miller: Yes, sir. Corrie: Name and address, please. Miller: My name is Jason Miller. I'm with Hummel Architects and I represent Meadow Lake Village by Touchmark, which is east of the intersection of Eagle Road, off of Franklin frontage. Mr. Hawkins-Clark, I think it would be helpful to put up the original plan submittal, the concept plan submittal on the overhead. What we are here asking is primarily that shift of the commercial to the Franklin frontage and once they get that Meridian City Council May 6, 2003 Page 49 of 66 original up -- we have, actually, got some boards that we got of the -- the Franklin frontage, with the shift of that commercial to that frontage, is what we are before you requesting. I apologize. I thought we were going to have it on the overhead. This is the original concept development plan that was before you three or four years ago. You notice that the Franklin Frontage was residential at that time. After reconsidering placement of that residential, we elected to re-present the concept development plan, pulling commercial to the Franklin frontage, thus, creating a viable development along that Franklin frontage, a better gateway into the City of Meridian from Boise to the east and also buffering the nature of this retirement community back from Franklin Road. At this time we take no exception to the findings of the Planning and Zoning, with the one exception on Page 6 of their findings, item number F -- under Item F-1, it's concerning the Nampa-Meridian Irrigation District. There was a confusion with that application initially where it came through as Touchmark a couple years ago on the land use site change, site application, and that's been clarified and I can provide that letter to staff tomorrow morning, that this application is now -- the project is now titled Meadow Lake Village. We ask that that last item on the findings be stricken and any questions if you have got them? Corrie: Any questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to make one comment. That waterfall you guys did out on the project on 1- 84 is one of the most beautiful attractions I have seen and it is absolutely beautiful and I appreciate the development doing that. I really do. It's a real attraction, gateway into our city on the freeway. Bird: Mr. Mayor? Corrie: I'm going to recommend you to the Council to do something about the entrance to Meridian. De Weerd: Please. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just a comment, because I like what you're doing, you provided, in essence, somewhat of a frontage road that will allow connectivity between the two entrances and it just seems to have a better flow to it. I think this is definitely improving your project and making it, indeed, even more of a community asset so, I thank you. Corrie: Thank you. Is there anyone else here that would like to issue testimony tonight? Okay. Thank you. Council, any questions for the Public Hearing? Council and also staff? Okay. Hearing none, I'll ask for a -- to close the Public Hearing, if you so desire. Meridian City Council May 6, 2003 Page 50 of 66 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move we close the Public Hearing CUP 03-005, request for Conditional Use Permit for a planned unit development for Meadow Lake Village by Hummel Architects. De Weerd: Second Corrie: Motion has been made and seconded to close the Public Hearing. Is there any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion on the request for Conditional Use Permit? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just one additional comment is this change also gives a choice to the person within this development on how to get out of it. I know sometimes the traffic there can be backed up way passed their first entrance and so it just is a real welcome change. Corrie: Any other discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like -- as Councilwoman de Weerd had stated earlier, I like the concept of going to some office retail. This will make it -- be able to make it a more complete village for the elderly and stuff, if they don't have to travel far. It's very nice and I really like the concept of the new footprint. Corrie: All right. Anyone else? Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve CUP 03-005, request for a Conditional Use Permit for a planned unit development for Meadow Lake Village by Hummel Architects, PA. Meridian City Council May 6, 2003 Page 51 of 66 East of South Eagle Road and East Franklin Road, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and incorporate the staff and Planning and Zoning comments, with the exception of F-1 has already been taken care of, which the applicant will get to the staff tomorrow. And with that I'm done. McCandless: Second. Corrie: Okay. Motion has been seconded. Is there any further discussion? Okay. Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Request for a Conditional Use Permit is approved. MOTION CARRIED: ALL AYES Item 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: Corrie: Item Number 13 is a Public Hearing, request for a Conditional Use Permit for the development of a retail/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. At this time, I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. As you know, this property has existing uses on it. The zone is community commercial. The property is generally developed on the west -- on the eastern half right now, the Linder Road frontage. The Site Plan that they are proposing at this point in time is to, essentially, add three buildings to the site that would add approximately 10,250 square feet of commercial and restaurant uses on the west side of the property. I'll just quickly go to the portion of the property that is developed now, so you can get a feel. They have the existing Arctic Circle Shell C store, along with their fuel bays, parking, and RV parking off of Linder Road. The car wash facility down here in the southern side and, then, there is an existing coffee kiosk here closer up to Franklin and, then, it's this western area that was shown as future retail when they came through a couple of years ago and this application is to, basically, put multiple -- continue to place multiple buildings on a single parcel without platting it. The frontage, as I was informed by Mr. Van Hees this evening, has, actually, been landscaped the full length of their parcel, so it does go from the corner all the way down to their western property line. They would utilize the curb cuts that were constructed to enter into this half of the project. You can see general traffic circulation patterns in here. The Baja Taco restaurant is proposed close up to the Franklin Road frontage and, then, the two multi-tenant retail buildings are shown here a little further to the south. Their trash enclosure is shown along the back. They -- as you may know, they have an eight foot tall concrete panel wall along their south boundary Meridian City Council May 6,2003 Page 52 of 66 and the Planning and Zoning Commission recommendation as it comes to you tonight does recommend that to be continued. Here are a couple of elevations to the -- for the buildings that they are proposing. This is the restaurant elevation. The portion facing to the north is shown here on the bottom and, then, here are the retail store elevations, single-story stucco, eMU architecture material use. Water and sewer is currently there. Our standard requirement about water and sewer assessments being paid with the issuance of Building Permits is part of our recommended conditions. I think the main clarification that we would ask is to go back here to the issue of the landscaping on the south side. We were given a revised Landscape Plan, but I think there is some confusion, at least in my mind, as to whether or not that wall along the south would extend all the way to the west boundary behind the retail uses. This plan makes that a little unclear, so just request that clarification tonight otherwise I'll stand for any questions. Corrie: Thank you, Brad. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Those other two buildings on there, Brad, there is not -- there is no application in here about those having any drive-thru, they are all just single-story buildings with just a walk-up front of retail? The only drive-thrus on that -- Hawkins-Clark: Yes. That's correct. Nary: Okay. De Weerd: And the Subway. Bird: Subway has got-- Nary: Oh, right there. Okay. I'm sorry. I guess didn't see that. So, there is going to be three drive-thrus on this one piece of property? Hawkins-Clark: The Arctic Circle being the third one? Is that what you're referring to? Nary: Correct. Hawkins-Clark: Right. Bird: And you have got the espresso -- it would make four of them, Bill. Nary: Okay. Just thought that-- Meridian City Council May 6, 2003 Page 53 of 66 Corrie: Okay. Any other questions? Is the applicant here or the representative here tonight? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Van Hees: It is. Corrie: Thank you. Name and address, please. Van Hees: Okay. I really don't have a lot to add. I think everything is -- Corrie: Name. I need your name. Van Hees: Oh, I'm sorry. My name is Larry Van Hees. My address is 8870 North Gadwall, Boise. 83714. Corrie: Thank you. Van Hees: Sorry. I get a little frustrated when I get up here. Corrie: That's all right. Van Hees: One thing I would -- the first thing I want to do is I want to make part of the record and I want to give it Brad, a site drawing that does state that that eight foot concrete wall has been extended. I have asked the architect to put in on the plans a couple of times and the plan that he has does not have that on it and I do have a set of plans here and I will bring this to you, that states that that eight foot concrete wall does extend it on down. That's been the main thing. I'm surprised that Tom Roam is not here. He has been at every meeting so far from the vary beginning and that's the one thing he asked me to do is put in an eight foot concrete fence and we put one in and at the last meeting with the Planning and Zoning he was here, he told the Planning and Zoning Commissioners, how well done it was and how nice it functions and no noise and he doesn't care about a buffer, he wants that wall. So, we like that. If you have any questions, I will be glad to answer the question. And one -- there is three buildings there and the last drawing -- and I think Jeffrey took this down, he's our manager of the convenience store and the Shell Stop. We, actually, are talking with four different parties now. Victor Clark is with us tonight the gentleman right here with the patriotic flag on his T-shirt. He is a specialist in making the Baja-type food taste very good and he's the one that's going to be operating the restaurant there. In the other building, we are talking to Subway and they want to be at that intersection, they have been looking at all the corners and they decided ours is the best. They told us we would have a letter today. I don't know if it came in or not, but they are interested. We are also talking to Curves for Women in the L-shaped one that's there, that part of that would be the exercise machines for the ladies and, then, the back part would be some tanning machines there, whatever -- the booths that they have. And, then, the little corner is a cleaner, a drycleaner pickup and drop off. No equipment at all. Just strictly a place where they drop in and leave them and, then, they take them to a cleaners and, then, have them Meridian City Council May 6, 2003 Page 54 of 66 ready to pick up. So, those are the four that we are talking to. We have not really started on the last five there. We just -- we were debating what we wanted to do before we started construction, we wanted some of them tied up and we will be starting on that last building here very shortly. You know, if we get -- after I walk out of here and you agree with me with everything that we are going to do, then, I will get started on that one, too. Corrie: Okay. Van Hees: And I'm not going to trade my Harley for that. Corrie: Okay. Thank you, Larry. Any questions? De Weerd: Oh, darn. Corrie: Any questions of Mr. Van Hees? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Van Hees, is this particular drive-thru here, this Subway one, this dotted line is just for travel, there is not barrier or anything right here? Van Hees: What we did, we put a curb there, just so there is one way and, then, there is still a drive-thru there. Right now we have an access there so people coming out of the car wash can go around through there. This really isn't a busy spot where you have people lining up to come through. Mostly with the Subway they want it placed -- a way to put them out, he said it's not like our Arctic Circle where we have eight cars lined up at one time, but he does want a window to be able to hand the sandwiches out. Nary: So, this is the curbing right here? Van Hees: That's the curb that holds it straight. And that's just a suggestion. The architect drew it in and we may make some changes from that, but, yes, that's -- we aren't coming in with a request for that building to be built that way right now. Nary: Oh. Okay. This is just a concept? Van Hees: That's just a concept right now. Once we get it nailed down and we get agreements that they are going to do it, then, we will come in with a request on the individual buildings, but -- Nary: So, the drive-thru might be in a different location? Meridian City Council May 6. 2003 Page 55 of 66 Van Hees: No, J don't think so. That's the only place it really could fit on that building is there. But it may not be in that configuration. We are not sure. Nary: Yes. My ultimate concern is having drive traffic block this way and limited travel, then, through this -- Van Hees: They, actually -- and J don't know -- we made up a drawing that has the flow with the whole project on both sites, but there is -- you really don't need that one for access through, because you can go around there in the backside and in and out and, then, there is two other spots you can come through on the other side there. There is very good flow around with out even that site. Nary: This is the car wash; correct? Van Hees: That's the car wash. Yes. Uh-huh. And right now there is two-way traffic through here and down here -- Nary: Can you use that microphone? Van Hees: There are traffic patterns through here in between the car wash and the convenience store. There is traffic here. And, then, right now we just have room for one vehicle to get around the end. It will be wider even with the lane to go through the Subway. There, actually, will be room for two-way traffic through there. But we have got so many spots it's not really used as a traffic pattern. I mean it does give people access to get in and out. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: That dotted line was just what was finished? Yes. Van Hees: Yes. That's, actually, the curb cut right now. The edge of the curb right now. De Weerd: But that will be just -- Van Hees: That will be all smoothed out, paved all the way through. De Weerd: Smoothed out asphalt. Okay. Corrie: Any other questions? Bird: J have none. Corrie: Thank you, Larry. Is there anyone else that would like to issue testimony? Okay. Council, any further questions on the Public Hearing area? Meridian City Council May 6, 2003 Page 56 of 66 Bird: I have none. Corrie: Okay. I will entertain a motion, then, to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close CUP 03-009, the request for a Conditional Use Permit for development of rental-restaurant complex in a C-C zone for Hark's Corner by Van Hees Properties, LLC. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor of the motion say aye. Opposed no? Motion is approved. MOTION CARRIED: ALL AYES. Corrie: Any further discussion on the request? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve 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, to include all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: And include the Planning and Zoning recommendations. Nary: Second. Corrie: Motion has been made and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just want to say I think this is a great addition and even the number of different drive-thrus, because there is adequate size and planning ahead and I think it's done very well. Once we got the trees worked out with Mr. Van Hees, I think that's a very nice Meridian City Council May 6, 2003 Page 57 of 66 corner and this addition is excellent and I appreciate you extending the wall. On the Site Plan, what was the date of the Site Plan, so we can make sure that one with the wall is included. Van Hees: It is dated, actually, I think today. It was dated 5/2003. This is part of the record. Do you want me to leave it here or -- oh, you have it? I did, I give it to you. Nary: So, just to be sure that that's the one that's part of the record, so that everyone is happy that that's exactly what -- Van Hees: Thank you for your comments. Corrie: Thank you. Okay. Any other discussion? Okay. Roll call vote, Mr. Berg. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Request for Conditional Use Permit is approved. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: This young man in front of us, I think, if the Mayor would feel so inclined, to give him a little Meridian pen for sitting here the whole meeting. I'm so impressed with you. Corrie: Thank you. Thank you, Larry. Item 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: Corrie: Okay. The next is a Public Hearing on request for a Variance for a Time Extension of Final Plat for Staten Park Subdivision by Doug Campbell, east of North Black Cat Road and west of Ustick Road. I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. You have seen this parcel a couple of different times over the last few years. The original plat came in, the applicant was the D'Alessio brothers, and since that, time Doug Campbell and associates have acquired the interest in the project. The application that was submitted for the Variance touches on this a little bit, I think, but, essentially, because of the change of hands, there was confusion about the timing on the recording of the plat. The Variance is to request a Time Extension for recording. At this point in time our city Meridian City Council May 6, 2003 Page 58 of 66 engineer Brad Watson was mentioning earlier today on his desk at this point in time for signature he cannot process it, it is technically null and void. The development, as is shown on this slide, is the Final Plat that the Council approved. The improvements have been constructed on the site. The streets, curb, gutter, water, other underground utilities have been installed. The staff report -- we cannot find that there has been any hardship or special circumstance that really prevented the applicant from applying for the one year. Obviously, a denial of this request would require a Preliminary Plat to be submitted and start from the beginning. At this point we don't feel like there is another option available under our zoning ordinance that would really allow a null and void plat to be revived without going through this process, so this is what we have recommended that they do and they have submitted a Variance request. I guess staff doesn't have anything else to add. Corrie: Okay. Thank you. Any questions of staff? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, what's the difference between this -- and maybe I missed what you had commented on, but the difference between this and the standard Variances that come before us for Time Extensions on the Final Plat? Is there something too far along or not -- wasn't done right to start with or what? Hawkins-Clark: Mr. Bird, are you referring to Final Plats -- we have a requirement that they submit a Final Plat to us one year from the Preliminary Plat approval. Bird: Yes. We have also given -- it's been a pretty routine situation and has been -- most of the routine ones have been approved by staff to go ahead and give these extensions. That's what I'm asking. Is there something with this extension that's different from the ones that have come before? Is it way out of line or what's the deal? Hawkins-Clark: Well, I think the main difference is in terms of on the ground, I mean certainly we have -- I don't believe we had any others where improvements have been installed. Bird: Okay. That's -- Hawkins-Clark: They are -- right. The Time Extension without a Variance, the deadline was missed. They had one year from the Final Plat approval of City Council and they missed that. Bird: How far off are they? Hawkins-Clark: We are thinking maybe February. Meridian City Council May 6, 2003 Page 59 of 66 Bird: Two months. Two and a half. Thank you, Brad, very much. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, my recollection was we had that property on Franklin -- and I don't remember the name of it. We had a request for a Variance, since they had missed the Time Extension deadline as well and had some issues about ownership and transferring form one property owner to another and all of that and Commissioner Centers was very confused by our process, I guess. Is this similar to that? I think there was -- you kind of alluded to that and I guess Mr. Campbell can tell us, too, but that there was some change in ownership and that's why -- but this one, at least, the infrastructure is completed and I think the other one the infrastructure was not completed. Hawkins-Clark: That's correct. Baltic Place Subdivision was the name of that project and that, actually, was a request to -- a Variance to give them more than one year to even submit a Final Plat application. This one is to extend the recordation time. Nary: Thank you. Corrie: Any other questions? Is the applicant here or representative? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Ralphs: Yes. Corrie: Name and address, please. Ralphs: My name is Rod Ralphs, again, representing CMD for the Staten Park, also known as Wilkins Ranch. Just a couple of points, Your Honorable Mayor and Members of the Council. The change in ownership did put a wrinkle in things, but there was also something else that happened to this property that added to some delay. Staff has pointed out the improvements are in, we are ready to go, the for sale signs are up, options are needing to be exercised on this project. We also had some additional delays. As you know, there is a high tension line facility that runs there along -- east- west along Ustick and there were two power poles that were, actually, in our common area and substantial negotiations and a little bit of contention, if you will, between the project and Idaho Power where that easement was to be. There were numerous meetings and as of last week Idaho Power did come in and they moved those poles over. So, that was one of the criteria that ACHD had required before they were going to go ahead and sign off on this deal, is that there be some type of an agreement, a coming together of the minds, if you will, on what was going to happen with those to two power poles before they would ever autograph off on this. And you will note from your records, I believe March 12th was the day that ACHD finally signed off on it. As you go down through the outline provided by staff, you look at the different criteria you need to Meridian City Council May 6, 2003 Page 60 of 66 determine the Variance, we would point out that the power lines, we would argue, would also be one of those special circumstances that contributed to the delay on this project. Again, the improvements are in. Going down to B where we start talking about extraordinary hardship, we have several families, probably about a handful, that have options on these lots and they have been anxiously awaiting to start construction. The remainder of the lots are optioned and are ready to go and these are all business owners, construction builders, the like, who are, again, waiting to go forward on this project. And looking to the intent as referred to on page three of the report, where we look at the issuing of a Variance would violate the interest and purpose of the Meridian city subdivision ordinance, which is intended to insure orderly development occurs within an established time frame. Denial of our Variance tonight would only extend that time frame and further frustrate the purposes of getting this project off and running. Having said that, I would just leave it up to any questions or comments you might have. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Ralphs, I guess I do take a little exception. I mean having the power pole there, they were already there, so requesting an extension really didn't -- wasn't inhibited by the power poles. You could have come in January and asked for an extension. Ralphs: That's correct. For the one requirement for the ordinance you're absolutely right. That extension could have been asked for at anytime. But I guess there is the kind of a squeezing of time of thinking, well, are we going to be able to get this thing approved and into the city before this other stuff within that year's period of time. So, I guess the issue that I would point out there was just when did we recognize that we were going to exceed that year. February, obviously, came and went, there was oversight, you know, we all know that, but that was one of the contributing factors to that, is thinking that maybe we were going to be able to get it in by the deadline. Nary: Okay. Mr. Mayor. Mr. Ralphs, Mr. Hawkins-Clark, was there a change in ownership that may have contributed to this delay as well? And I guess I didn't hear if you said the staff concurred with that or if -- Ralphs: No, that's absolutely -- that's absolutely the case. Nary: All right. Ralphs: No. We just confirm what they have indicated on the report. Nary: Thank you. Corrie: Any other questions? Meridian City Council May 6, 2003 Page 61 of 66 McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: When did that change of ownership take place? Ralphs: I believe it was -- was it January? I believe it was January, then. McCandless: January of this year? Ralphs: January of 2003. McCandless: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess this is a little bit off the topic in front of us, but this was also the subdivision that we had a pathway that we just deleted that requirement or did away with the pathway in Wilkins Ranch and so it would affect this, too. I don't know if you guys knew that. Ralphs: Yes, we did. I can even address that if the Council Member would like. As you know, there is -- that's right there where there is a considerable size irrigation ditch that comes through there and what happens is that it trails along the back part of Wilkins Ranch and, then, it comes across into this one. It's totally unWed and as the Meridian police department can tell you, as well as adjacent property owners, kids are in there all the time and I think by putting in that path would create an invitation for people to traverse that, my son included, was not a welcome deal. So, we are very grateful to have that chain link fence up and to not have that pathway. De Weerd: Okay. Corrie: Any other questions? Ralphs: Thank you. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony? Okay. All right. Council, any questions on the Public Hearing side? Hearing none, I will entertain a motion, then, to close the Public Hearing on the request for Variance on the Time Extension. De Weerd: So moved. Bird: Second. Meridian City Council May 6, 2003 Page 62 of 66 Corrie: Okay. Motion has been made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? Okay. Hearing none, I will entertain a motion for the request. Nary: Mr, Mayor? Corrie: Mr. Nary. Nary: I would move the approval of VAR 03-014, the request for a Variance for a Time Extension of the Final Plat for Staten Park Subdivision by Doug Campbell. East of North Black Cat Road on West Ustick Road, to include all staff comments. As most people know, J'm a pretty good stickler on these Variances, but -- unless it's for a block length and, then, we just give them away. On these findings, I think we have adequate record to make these findings that under 11-18-3, the findings necessary for a Variance that there are special circumstances or conditions affecting the property, that strict application of this title would be impracticaJ or unreasonable. I think the fact that this is - - there was a change in ownership, there were some other unsettled questions -- there certainly may have been an opportunity to request a Variance, but J think some of the circumstances surrounding this property, the change in ownership, certainly impacted that ability to request that. The Time Extension is not a significant time, although, again, I am a stickler about those things. Under Subsection B, it says strict compliance with the title of -- with this title would cause an extraordinary hardship. In addition to the extraordinary hardship, because all the infrastructure is completed, I think that is a significant thing on behalf of the applicant here to approve it and that also the Subsection B --- or the second paragraph B said: Or that the conditions and requirements of this title will result in inhibiting the achievements or objectives of this title. I mean we are not supposed to have a rule for the sake of a rule, it's supposed to make some sense. I think in this case, there are some facts leading up to these findings that make it adequate to grant a Variance. Under Subsection C, the granting of this Variance will not be detrimental to public welfare. Certainly, the fact that it is almost completed and, really, it's just awaiting a signature is really the final touch to what is compelling in this particular case and that in Sub D it says that each Variance will not have an affect of altering the interest and purpose of this title. And, again, I don't find that to be a problem. I think all the findings have been met by the applicant to this request for Variance and would ask that to be included in Findings of Facts and Conclusions of Law and Decision and Order. De Weerd: Second. That was the longest motion I have ever heard. Corrie: Your slowly getting a reputation about doing that by Mrs. de Weerd. All right. Any further discussion? Roll call vote, please, Mr. Berg. Meridian City Council May 6, 2003 Page 63 of 66 Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion for the Variance of Time Extension is approved. MOTION CARRIED: ALL AYES. Powell: Mr. Mayor, Members of the Council? While we are on this topic, I just wanted to perhaps get your opinion on a matter. One thing that staff could do is send out kind of a reminder notice to the applicant that the plat is coming up for expiration and to remind them that now is the time to get a Time Extension. Hopefully, it will reduce the number of Variance cases you might see or it may reduce your willingness to approve Variance requests, given that they have been reminded of the expiration date. So, I think that that is something that we could institute fairly easily and without much expense, other than remembering to send out a letter. De Weerd: Excellent. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think it's a great idea from a process and approval standpoint. I guess my one concern would be I don't want to hear a whole bunch of developers come in and say I didn't get the card from Planning and Zoning, so, therefore, I missed asking for an extension. I face that a lot with people who have expired plates and expired registration and expired licenses and say nobody told me. So, I guess that would be my only thing is to make it clear that we are not creating some special duty or responsibility on the city and it hasn't changed the fact that it's still their responsibility to do that. So, I think it's a great process to -- Powell: You're correct that perception will be there as soon as we start doing it, though -- I mean that's -- and that's kind of why I wanted to bring it up with you and -- is that -- you know, is that an obligation we want to take on or -- I mean we will, obviously, strive not to have that -- to actually send out those notices, but there is a possibility that one would get missed and, then, someone would use exactly that argument. Nary: I guess for me I would say I think it's a great customer service. I don't think it's an obligation that we are taking on. I think it's a customer service thing that is great, but as long as it's clear to people, whether it's in the application process or something else, that we are not creating some extension of time, we are not creating a special relationship that the city has. So that that becomes a defense that I didn't get my card from the city, therefore, I didn't come ask for it. De Weerd: Mr. Mayor? Meridian City Council May 6, 2003 Page 64 of 66 Corrie: Mrs. de Weerd. De Weerd: Maybe it could be listed one as of the things that you could not be granted a Variance on that excuse. Nary: Mr. Campbell would never come and ask for that reason. Item 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: Corrie: All right. Item No. 13 is a Public Hearing, request for use of a Lot 1, Block 2, in Sundance Subdivision for a model sales office for Corey Barton Homes for the Corey Barton Homes, 3590 North Ettay Way. Okay. We may be in trouble for the Public Hearing, but I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Mayor, Members of the Council, this last item deals with a schedule of use control issue. The sales office -- model sales office within a subdivision is another item that maybe our new planner director can institute another change to, but at this point our policy has been to -- if it's a planned development, we typically ask for where a house is going to be used as a sales office, that they tell us that during a planned development up front, so we know that there is going to be additional traffic there, they are going to convert the garage to an office kind of use for an extended period of time, they are probably going to have signage, so we feel it -- you know, it does warrant sending at least some notices out to offer the public a chance to comment, since, obviously, the trick on these is you send comments -- or send the 300 foot radius mailing out and 99 percent of the time you're getting the developer, because most of the lots don't have occupants yet. That being said, we feel under our schedule of use control in the zoning ordinance, that the sales offices -- they are not prohibited outright, they are not a Conditional Use outright, and so we have recommended that this miscellaneous application be used. It is in the Sundance Subdivision in their first phase, Ashby Drive comes here on the east side of Meridian Road. The lot would propose to construct this house, if it's not already constructed -- I didn't see that in the application, but the third bay of the garage would be the one converted to a sales office and we had recommended that a maximum of 24 month time frame be placed as a condition in order for them to utilize this as a sales and information use. It was also recommended that a few other items related to signage and sanitary service -- sanitary sewer, I'm so rry. Corrie: Okay. Thank you, Brad. Is the applicant's representative here tonight? I guess what you can do, Council, is -- if you want to continue this Public Hearing or want to approve it or deny it? Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council May 6,2003 Page 65 of 66 Bird: I think it's pretty clean cut, but the last couple Public Hearings when an applicant has not been here, we have sent it on, -- we have continued it on. It should be a short continuance, I would hope, from the looks of things now. I would be one to recommend we continue it to the 20th of May, 2003, and staff get a hold of Mr. Barton and find out if he wants to be here or if he just wants us to pass yea or naye without him here without his comments. We are definitely going to -- I would definitely have the staff comments on there and he might not be in agreement with all staff comments. McCandless: Is that a motion? Bird: Yes, that's a motion. McCandless: Second. Bird: That's not as long as Mr. Nary's. Nary: It's pretty close. Corrie: So, the motion is to continue the Public Hearing. Bird: May 20th. Corrie: May the 20th. For the applicant to come here and answer any questions. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: I think we ought to have a pen for the ACHD representative. Bird: Yes. Corrie: He's stayed through all this, too. Every time. Bird: Every time. Corrie: Thank you. Okay. That includes our evening of work tonight. I have one question for Council. There was a request that the Planning and Zoning Commissioners would like a shirt, a Meridian shirt. Anybody want to step up and -- Nary: I thought they just got them. Bird: I thought they had got theirs. Nary: They said they got them. Meridian City Council May 6, 2003 Page 66 of 66 De Weerd: Yes. Corrie: Oh, they got one? Bird: They got nice ones. Nary: They wanted a new one each year instead of turkeys. Corrie: They got one? Okay. Never mind. De Weerd: He had it on. Bird: They have to go talk to Anna on that. Corrie: Well, I want to make sure it comes out of whose budget. De Weerd: It is a line item on their budget, so -- Corrie: Okay. Okay. Nary: Let's adjourn before we waste more of Mr. Willis's paper. Corrie: You got it. I'll entertain a motion to adjourn. De Weerd: So moved. Nary: Second. Corrie: Motion has been made and seconded to adjourn. All those in favor say aye. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Is that 1 0:30? Yes. 10 :30. MEETING ADJOURNED AT 10:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~ 5/Lb/o3 R . , DATE lCvvy\x~cleLlJQYcl ATTESTED: ~~CX_,f\"Y\ SY"f\i~ "" tc....+u U)\;urLci..l ty(-t'1lclt,vQ::, WILLIAM G. BERG, JR., CITY CLF "?' EAL : - ~ -0 1. <tJ a"J ~ ~"'b V,so ....0 ;: '? -.., ,.. 1$1' ' 0 ~ ;;;.. a ~-<- " /'>/1, Oriy"y \\) ",..., " d , \\' . "-'" ., II \ \\\ ~ BEFORE THE MERIDIAN CITY COUNCIL C/C 4/01/03 C/C 4/15/03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 10.006 ACRES ) FOR CENTRAL VALLEY BAPTIST ) CHURCH, LOCATED ON THE ) NORTH-EAST CORNER OF N. TEN ) MILE ROAD AND THE RAILROAD ) TRACKS, SOUTH OF W. PINE ) A VENUE, MERIDIAN, IDAHO ) ) CENTRAL VALLEY BAPTIST ) CHURCH, ) APPLICANT Case No. AZ-03-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on April 1, 2003, and continued until April 15, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson City Engineer, and Doug ,Houston, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTRAL VALLEY BAPTIST CHURCH (AZ-03-00 1) PAGE I OF 14 ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for mmexation and zoning is described in the application, is approximately 10.006 acres in size and is located on the north-east corner ofN. Ten Mile Road and the railroad tracks, south ofW. Pine Avenue, 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 Central Valley Baptist Church, 2150 W. Cheny Lane, Meridian, Idaho, and the applicant is the owner ofrecord of the subject property. 5. The property is presently zoned RUT (Ada County), and consists of vacant land. 6. The Applicant requests the property be zoned as L-Q - Limited Office. 7. The subj ect property is bordered on all sides by rural residential/agricultural properties. 8. The Applicant proposed to develop the subject property as a church facility. 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 Mixed Use - Community. 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 APPLICA nON FOR ANNEXA nON AND ZONING CENTRAL V ALLEY BAPTIST CHURCH (AZ-03-00]) PAGE 2 OF 14 ] 1. 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 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 development on the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. lfthe 48-foot right-of-way on N. Ten Mile Road is not dedicated to the Ada County Highway District, all future right-of-way (the portion to be dedicated) shall be designated on the Certificate of Zoning Compliance Site Plan. 4. Applicant shall either construct a temporary lift station or participate with the developers of adjacent lands to provide service to the area. The lift station shall be constructed at W. Pine Ave. and N. Ten Mile Road. 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. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that apply upon District review of future development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTRAL V ALLEY BAPTIST CHURCH (AZ-03-001) PAGE 3 OF 14 2. 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 propelty 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. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING CENTRAL V ALLEY BAPTIST CHURCH (AZ-03-001) PAGE 4 OF 14 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted tluu the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. A 20' wide fire lane shall be provided around the proposed building. 7. The project will subject to a building plan review and will have to meet the requirements of the Fire Code in effect at the time of the plan submittal. 12. It is found that the Comprehensive Plan shows the subject property as "Mixed Use - Community" which complies with the requested zoning ofL-O (Limited Office), allowing a church FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTRAL VALLEY BAPTIST CHURCH (AZ-03-00I) PAGE 5 OF 14 in that location. The Mixed Use Community policy on page 8 of the Meridian Comprehensive Plan includes churches as sample uses in this district. It is found that the requested zone ofL-O will be harmonious with and in accordance with the 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 church will be allowed within the requested L-O zone. 15. It is found that the City Council approved the annexation for Moshers Farm Subdivision on January 21,2003 to an R-8 zone with 32 residential lots. Moshers Farm is located approximately a 1;4 mile north of the subject property on Ten Mile Road. In addition, the City annexed and zoned approximately 2.8 acres for office use, and approximately 11 acres for apartment use on the north-east corner ofTen Mile Road and W. Pine Avenue to L-Q zone. 16. It is found that the proposed use (church) will be designed appropriately to match with the intended character of the general vicinity. Any change in the existing character ofthe area is in harmony with the intended future land use envisioned by the Comprehensive Plan. 17. It is not anticipated that the proposed church use will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. 18. It is found that the property to be annexed may be served adequately by all essential public facilities and services. Applicant shall either construct a temporary lift station or participate with the developers of adjacent lands to provide service to the area. The lift station will be constructed at W. Pine Avenue and N. Ten Mile Road. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLlCA nON FOR ANNEXATION AND ZONING CENTRAL VALLEY BAPTIST CHURCH (AZ-03-001) PAGE 6 OF 14 to the adjacent properties. Review of ACHD, Sanitary Service, Police and Fire Department's comments concerning the annexation will provide further information regarding 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 church use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. It is recognized that traffic will increase with the approval of a church use; however 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 church's vehicular approaches off ofN. Ten Mile Road will create new traffic on surrounding roads. However, it is not believed that the church's entrances will cause significant interference on the surrounding public streets. Review ACHD conunents concerning 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. The Ten Mile Sub Drain courses along the eastern boundary of the subject property. The proposed development includes a drainage pond adjacent to the Ten Mile Sub Drain. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXATION AND ZONING CENTRAL V ALLEY BAPTIST CHURCH (AZ-03-001) PAGE 7 OF 14 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 mmexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTRAL VALLEY BAPTIST CHURCH (AZ-03-001) PAGE 8 OF 14 Resolution No. 02-382. 4. The foHowing 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 Limited Office (L-O) is defined in the Zoning Ordinance at S 11-7-2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establislunent of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense 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 ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING CENTRAL V ALLEY BAPTIST CHURCH (AZ-03-001) PAGE 9 OF 14 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 10.006 acres to Limited Office (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.006 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING CONDITIONS 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 development on the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. If the 48-foot right-of-way on N. Ten Mile Road is not dedicated to the Ada County Highway District, all future right-of-way (the p011ion to be dedicated) shall be designated on FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTRAL VALLEY BAPTIST CHURCH (AZ-03-001) PAGE 10 OF 14 the Ce11ificate of Zoning Compliance Site Plan. 4. Applicant shall either construct a temporary lift station or participate with the developers of adjacent lands to provide service to the area. The lift station shall be constructed at W. Pine Ave. and N. Ten Mile Road. 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. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that apply upon District review of future development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. 2. 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 APPLICA nON FOR ANNEXA nON AND ZONING CENTRAL V ALLEY BAPTIST CHURCH (AZ-03-00I) PAGE 11 OF 14 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 oflliis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application; shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix TII-A ofllie Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix TII - A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTRAL V ALLEY BAPTIST CHURCH (AZ-03-00]) PAGE 12 OF 14 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. A 20' wide fire lane shall be provided around the proposed building. 7. The project will subject to a building plan review and will have to meet the requirements ofthe Fire Code in effect at the time of the plan submittal. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the armexation 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. Subsequem 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 armexation 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTRAL V ALLEY BAPTIST CHURCH (AZ-03-001) PAGE 13 OF 14 By action of the City Council at its regular meeting held on the b~ day of /hart , 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED ----$!.<- COUNCIL WOMAt~ TAMMY de WEERD VOTED-$C COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED-$-~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: S - fi - t} 3- MOTION: V APPROVED:~ DISAPPROVED: VOTED ---- Attest: .::: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTRAL VALLEY BAPTIST CHURCH (AZ-OJ-OOl) PAGE 14 OF 14 r BEFORE THE MERIDIAN CITY COUNCIL C/C 04-15-03 CRESTLINE DEVELOPMENT, LLC, IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 39.05 ACRES ) FOR PROPOSED CASTLEBROOK ) SUBDIVISION NO.2, LOCATED AT ) 4000 W. PINE AVENUE, EAST OF ) BLACK CAT ROAD AND SOUTH ) OF WEST CHERRY LANE, ) MERIDIAN, IDAHO ) ) ) ) ) Case No. AZ-02-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING APPLICANT The above entitled annexation and zoning application having come on for public hearing on April 15, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Kevin Amar, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO. 2 (AZ-02-031) PAGE 1 OF 16 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 hnpact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 39.05 acres in size and is located at 4000 W. Pine Avenue, East of Black Cat Road and South of West Cherry Lane, Meridian, all within the Area ofhnpact 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 Great Oaks Water Company, Inc., 4000 West Pine Avenue, Meridian, Idaho 83642. Applicant is Crestline Development, LLC, 416 East 1 st Street, Meridian, Idaho 83642. 5. The property is presently zoned RUT (Ada County), and consists of agricultural land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential District). 7. The subject property is bordered to the north by Ten Mile Creek, a park and Rod's Parkside Creek Subdivision, zoned R-4, to the south, east and west by rural residential/agricultural properties zoned RUT (Ada County). 8. The Applicant proposes to develop the subject property in the following manner: Residential subdivision consisting of 150 building lots and 9 other lots. 9. The Applicant requests zoning of the subject real property as R-8, which is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 2 OF 16 consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 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: ANEXATION AND ZONING COMMENTS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Extend El Gato Street at the southwest property line (at the mid mile), as proposed. Construct El Gato Street as one half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk, plus 12-feet of additional pavement within 40- feet of right-of-way. Direct access to El Gato Street is restricted. This restriction shall be noted on the final plat. 2. Construct the remaining roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 3. Extend Dover Street from the west property line approximately 540-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 3 OF 16 4. Construct Dover Street as a stub street to the east property line approximately 485-feet north ofthe south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct five knuckles (without center islands) throughout the subdivision, as proposed. 6. Construct two turnarounds (without center islands) in the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 7. Construct two islands within Carisbrooke A venue, as proposed. Provide a minimum of21-feet from the back of the islands curb to the back of the roadway 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. 8. Unless otherwise approved by the District, direct lot access to El Gato Street shall be prohibited. This shall be noted on the final plat. 9. 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 CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 4 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 #195, also known 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 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: L One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 5 OF 16 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval ofthe fIre hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 8. A temporary second point of access may be required as a result ofthe phasing ofthe proj ect. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Bridges are dangerous and hard to maintain, however, the District would accept a large culvert installed in the proposed crossing as it would be a better solution with the proper agreement in place. E. Adopt the action of the City Council taken at their April 15, 2003 meeting as follows: 1. For clarification, either an open vision fence or a maximum four foot solid fence shall be constructed along all the lots on the north boundary which are adj acent to the pathway. 2. The homeowner's association shall own and maintain the pathway that runs along the Ten Mile Creek, and which crossing from Castlebrook Subdivision to Fuller Park shall be a culvert. 3. The pathway shall be constructed prior to the issuance of the fIrst Certificate of Occupancy Permit of any lots adjacent to the pathway. Additionally, both accesses shall be built at the same time for safety issues and for better visual access. 4. The applicant shall obtain a License Agreement with the Nampa & Meridian Irrigation District for the pathway and culvert prior to the City signature ofthe Final Plat for the first phase of the development. 12. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 6 OF 16 designates the land to be "Medium Density Residential". 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed subdivision will be allowed within the requested R-8 zone. 15. It is found that the surrounding properties include rural residential properties and residential subdivisions. It is also found that the requested zoning designation ofR -8 is harmonious with the existing and planned adjacent developments. 16. It is found that the proposed uses (detached single family residential) will not change the existing or intended character ofthe area. 17. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 18. It is found that the staffhas been working with the applicant and his engineer on the determination of serviceability of the proposed application. Even though there are still technical details to be worked out, staff is confident that the City of Meridian's sanitary sewer and water facilities can adequately serve the project. 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 Fire Department's comments concerning this subdivision will provide further information regarding 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 7 OF 16 20. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare ofthe surrounding area. 21. It is found that the subdivision's vehicular approach off ofEl Gato Road will create new interference with the existing traffic on Black Cat Road and Pine Road. However it is not believed that the subdivision entrance will cause significant interference on the surrounding public streets. Review ACHD comments concerning 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 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 8 OF 16 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 Plmming Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Medium Density Residential (R -8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose ofthe R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan ofthe City and is also designed to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISIONNO. 2 (AZ-02-031) PAGE 9 OF 16 permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 39.05 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 of39.05 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 10 OF 16 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: ANEXA TION AND ZONING COMMENTS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Extend El Gato Street at the southwest property line (at the mid mile), as proposed. Construct El Gato Street as one half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk, plus 12-feet of additional pavement within 40-feet of right- of-way. Direct access to El Gato Street is restricted. This restriction shall be noted on the final plat. 2. Construct the remaining roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 3. Extend Dover Street from the west property line approximately 540-feet north ofthe south property line, as proposed. 4. Construct Dover Street as a stub street to the east property line approximately 485- feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct five knuckles (without center islands) throughout the subdivision, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO. 2 (AZ-02-031) PAGE 11 OF 16 6. Construct two turnarounds (without center islands) in the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 7. Construct two islands within Carisbrooke Avenue, as proposed. Provide a minimum of2l-feet from the back ofthe islands curb to the back of the roadway 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. 8. Unless otherwise approved by the District, direct lot access to EI Gato Street shall be prohibited. This shall be noted on the final plat. 9. 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 ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 12 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 #195, also known 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 of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO. 2 (AZ-02-031) PAGE 13 OF 16 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 8. A temporary second point of access may be required as a result ofthe phasing of the project. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Bridges are dangerous and hard to maintain, however, the District would accept a large culvert installed in the proposed crossing as it would be a better solution with the proper agreement in place. E. Adopt the action of the City Council taken at their April 15, 2003 meeting as follows: 1. For clarification, either an open vision fence or a maximum four foot solid fence shall be constructed along all the lots on the north boundary which are adjacent to the pathway. 2. The homeowner's association shall own and maintain the pathway that runs along the Ten Mile Creek, and which crossing from Castlebrook Subdivision to Fuller Park shall be a culvert. 3. The pathway shall be constructed prior to the issuance of the first Certificate of Occupancy Permit of any lots adjacent to the pathway. Additionally, both accesses shall be built at the same time for safety issues and for better visual access. 4. The applicant shall obtain a License Agreement with the Nampa & Meridian Irrigation District for the pathway and culvert prior to the City signature of the Final Plat for the first phase of the development. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 14 OF 16 engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body ofthe City of Meridian. Pursuant to Idaho Code 967-6521 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 6~ day of 171l?~ ROLL CALL ,2003. COUNCILMAN KEITH BIRD VOTED~L- COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~ VOTED ~ COUNCILWOMAN TA1v1MY deWEERD COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: fJ-6 -03 VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISION NO.2 (AZ-02-031) PAGE 15 OF 16 MOTION: y APPROVED:---,Ll- DISAPPROVED: Attest: -; ~ OJ ~ '$ .-41/..... ,~O ~ ~ 1b ~~..,. ltrt . ..~ $ ~.., ~" ~ ~ tp ......' Copy served upon Applicant, the Plannitf~~~~~pe'P'artment, Public Works Department and th C't Att JO'UlfHtH \\\\\1111111111/1// e 1 y orney. \\\\ Of Ut:,...; 111/ ...,...... ..co{ .~OL //.,-... .:r' ~'1 ' '4... 'l $' (j "";'Q?i'Ol1.1 h ..VV ...~ Jk 2~~ ~o~ t;'-7-IJ3ff ~ By: ~4--~9 Dated: City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 16 OF 16 ~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/15/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR CASTLEBROOK ) SUBDIVISION NO.2 FOR 150 ) BUILDING LOTS AND 9 OTHER ) LOTS ON 39.05 ACRES LOCATED ) AT 4000 WEST PINE AVENUE, ) EAST OF BLACK CAT ROAD AND ) SOUTH OF WEST CHERRY LANE, ) MERIDIAN, IDAHO ) ) BY: CRESTLINE DEVELOPMENT, ) LLC, APPLICANT ) ) Case No. PP-02-032 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on April 15, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Kevin Amar, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner II for Planning and Zoning) and Bruce Freckleton, Engineering Teclmician ill, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT NOVEMBER 2002, A PARCEL OF LAND LOCATED IN THE SEY4 OF THE NWl/4 AND THE SWl/4 OF THE NEl/4 OF SECTION 10, T.3N., R.l W., RM., ADA COUNTY, IDAHO, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO. 2/ (pP-02-032) PAGE 1 of 12 CASTLEBROOK SUBDNISION NO.2, JOB NO. 02-060-01, SHEET NO.1, J:\HEARTLAND _ GREATOAKS_0206001 \DRA WINGS\CASTLEBROOK2_PRE.dwg 11/15/2002, HANDWRITTEN DATE: 11/15/2002, CRESTLINE DEVELOPMENT, LLC- DEVELOPER, GREAT OAKS WATER CO. INC. - OWNER, SHAWN NICKEL- PLANNER/CONTACT, ENGINEERING NORTHWEST, LLC", Crestline Development, LLC Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason ofthe fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO.2! (PP-02-032) PAGE 2 of 12 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and ifthe conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT NOVEMBER 2002, A PARCEL OF LAND LOCATED IN THE SEY4 OF THE NWl/4 AND THE SWl/4 OF THE NE1/4 OF SECTION 10, T .3N., R.l W., B.M., ADA COUNTY, IDAHO, CASTLEBROOK SUBDIVISION NO. 2, JOB NO. 02-060-01, SHEET NO.1, J:\HEARTLAND _ GREATOAKS_0206001 \DRA WINGS\CASTLEBROOK2 _PRE.dwg 11/15/2002, HANDWRITTEN DATE: 11/15/2002, CRESTLINE DEVELOPMENT, LLC- DEVELOPER, GREAT OAKS WATER CO. INC. - OWNER, SHAWN NICKEL- PLANNER/CONTACT, ENGINEERING NORTHWEST, LLC". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO.2 / (pP-02-032) PAGE 3 of 12 8. Although still under investigation, it is found that sanitary sewer service should be available to the lots within the proposed subdivision. Sanitary sewer service to this site will be via a temporary lift station within the Blackstone Subdivision. This station pumps to any existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developer's expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development including and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of$I,500.00 per dwelling unit shall also be assessed against this development. Payment ofthe trunk development fees and latecomer fees are required prior to signature on the final plat map by the City Engineer. Water service shall be from mains installed adjacent to the project site. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT NOVEMBER 2002, A PARCEL OF LAND LOCATED IN THE SE~ OF THE NWl/4 AND THE SW1/4 OF THE NEl/4 OF SECTION 10, T.3N., R.l W., B.M., ADA COUNTY, IDAHO, CASTLEBROOK SUBDNISION NO.2, JOB NO. 02-060-01, SHEET NO.1, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO.2 / (PP-02-032) PAGE 4 of 12 J:\HEARTLAND _ GREA TOAKS_0206001 \DRA WINGS\CASTLEBROOK2_PRE.dwg 11/1512002, HANDWRITTEN DATE: 11/15/2002, CRESTLINE DEVELOPMENT, LLC- DEVELOPER, GREAT OAKS WATER CO. INC. - OWNER, SHAWN NICKEL- PLANNER/CONTACT, ENGINEERING NORTHWEST, LLC ", CresWne Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. A five-foot wide asphalt pathway shall be constructed on the NMID property north ofthe proposed subdivision, connecting to the two proposed micro- paths within the proposed subdivision to the new culvert and footbridge to be built by the developer over Ten Mile Creek. A signed license agreement with NMID shall be provided by the applicant allowing the construction of the pathway and the culvert/footbridge prior to the signature ofthe final Plat for the first phase of the development. The pathway and culvert shall be constructed prior to the issuance ofthe first Certificate of Occupancy Permit of any lots adjacent to the pathway. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows (as modified by the Planning and Zoning Commission): SITE SPECIFIC COMMENTS / PRELIMINARY PLAT 1. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (including stub streets and EI Gato Road.) 2. Although still under investigation, staff finds that sanitary sewer service should be available to the lots within the proposed subdivision. Sanitary sewer service to this site will be via a temporary lift station within the Blackstone Subdivision. This station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developer's expense, to the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO.2 / (pP-02-032) PAGE 5 of 12 Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development including and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed against this development. Payment of the trunk development fees and latecomer fees are required prior to signature on the final plat map by the City Engineer. 3. Underground year-round pressurized irrigation must be provided to all lots within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy ofthe pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4. A detailed fencing plan shall be submitted upon application ofthe final plat. Fencing adjacent to the micro-path shall be constructed by the developer, in accordance with the Landscape Ordinance (MCC 12-13-15-9). A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. 5. Any tree over 4" in caliper that is r emoved from the property shall b e replaced by installing additional trees, being the equivalent number of caliper inches oftrees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 6. Add or revise the following preliminary plat notes: (5.) All interior water mains shall be 8"0, and exterior mains shall be 12"0 unless otherwise shown. (6.) Pressurized irrigation system to be provided owned and operated by? (11.) Direct lot access to El Gato shall be prohibited unless specifically permitted by ACHD and the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELI1vIINARY PLAT CASTLEBROOK SUBDIVISION NO.2 / (pP-02-032) PAGE 6 of12 (12.) Any re-subdivision ofthis plat shall be in compliance with the most recently approved subdivision standards ofthe City of Meridian. (13.) A note shall be added to the plat stating that this subdivision is subject to the terms of the Right to Farm Act pertaining to adjacent agricultural parcels. 7. Any drainage areas (detensionlretension basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 8. A detailed landscape, in compliance with the landscape ordinance shall be submitted for the subdivision at least ten days prior to the next public hearing for this proj ect. 9. Graphically depict the FEMA flood plain boundary adj acent to the Ten Mile Creek. Note restrictions associated with the flood zone on the face of the preliminary plat. GENERAL COMMENTS L Submit a copy ofthe Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-hundred, and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO.2 I (pP-02-032) PAGE 7 of 12 on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Extend El Gato Street at the southwest property line (at the mid mile), as proposed. Construct El Gato Street as one half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk, plus 12-feet of additional pavement within 40-feet of right-of-way. Direct access to El Gato Street is restricted. This restriction shall be noted on the final plat. 2. Construct the remaining roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 3. Extend Dover Street from the west property line approximately 540-feet north of the south property line, as proposed. 4. Construct Dover Street as a stub street to the east property line approximately 485-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, lITHIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct five knuckles (without center islands) throughout the subdivision, as proposed. 6. Construct two turnarounds (without center islands) in the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 7. Construct two islands within Carisbrooke Avenue, as proposed. Provide a minimum of21-feet from the back of the islands curb to the back of the roadway 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 ofthis shall be required on the final plat. 8. Unless otherwise approved by the District, direct lot access to El Gato Street shall be prohibited. This shall be noted on the final plat. 9. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO.2 / (pP-02-032) PAGE 8 of 12 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #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 ACHD right-of-way. The applicant shall contact ACHD Traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO.2 I (pP-02-032) PAGE 9 of 12 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 ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. A minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. UFC 902.2.1 8. At emporary second point 0 f access may be required as a result of the phasing ofthe project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDIVISION NO.2 I (pP-02-032) PAGE 10 of12 E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. File a Land Use Change/Site Application with the Nampa & Meridian Irrigation District. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 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 stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their April 15, 2003 meeting as follows: 1. For clarification, either an open vision fence or a maximum four foot solid fence shall be constructed along all the lots on the north boundary which are adjacent to the pathway. 2. The homeowner's association shall own and maintain the pathway that runs along the Ten Mile Creek, and which crossing from Castlebrook Subdivision to Fuller Park shall be a culvert. 3. The pathway shall be constructed prior to the issuance ofthe first Certificate of Occupancy Permit of any lots adjacent to the pathway. Additionally, both accesses shall be built at the same time for safety issues and for better visual access. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDNISION NO.2 I (PP-02~032) PAGE 11 of 12 4. The applicant shall obtain a License Agreement with the Nampa & Meridian Irrigation District for the pathway and culvert prior to the City signature ofthe Final Plat for the first phase of the development. By action ofthe City Council at its regular meeting held on the day of fYL6tf ' 2003. ROLLCALL 6i!J.- COUNCILWOMAN deWEERD VOTED ~ VOTED r COUNCILMAN BIRD COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED . Attest: SEAL C'J .::: ~ 2 William G. Berg, Jr., City Ie '%""0 ~r 1S"t ." ~ i ~ '4 a ~'.,~V \\\\\1111111111//111 v......1. OlJtU"{, ,..." ~v~,,\ Of MER!, I1111 Copy served upon Applicant, The Plannrftg'~"~~fl~ Department, Public$''1>~S V4,,,/'/'l/ Department and City Attorney. ! ~~OR4 f(-o f/ % '" "l ~ By:c:I!~P~,9- Dated: S-7_03'(" fJ) City Clerk % 1b u,sr 1si.....OJ .f? J ~. '4 f:> ~", z:\ Work\M\MeridianWeridian 15360M\Castlebrook Sub No.2 AZ 02 031 PP 02 032 V AR 03 005\FfClsOrdPP.d'~ 001 .. .-rV ~ ,'....' /1111 V~'i l\ . ""... 11I1mH nrl\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CASTLEBROOK SUBDNISION NO.2 / (pP-02-032) PAGE 12 of 12 BEFORE THE MERIDIAN CITY COUNCIL -\:.1 IN THE MATTER OF THE ) APPLICATION OF CRESTLINE ) DEVELOPMENT, LLC, FOR A ) VARIANCE TO ALLOW CERTAIN ) BLOCKS TO EXCEED THE 1,000 ) FOOT MAXIMUM LENGTH AND ) CERTAIN BLOCK LENGTHS TO BE ) LESS THAN THE 500 FOOT ) MINIMUM FORTHE PROPOSED ) CASTLEBROOK SUBDIVISION NO. ) 2, LOCATED AT 4000 WEST PINE, ) EAST OF NORTH BLACK CAT ) ROAD AND SOUTH OF WEST ) CHERRY LANE, MERIDIAN, IDAHO ) C/C 04/15/03 V AR-03-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on April 15, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Kevin Amar, 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 V ARlANCE I V AR-03-005 CRESTLINE DEVELOPMENT, LLC I CASTLEBROOK SUBDIVISION NO.2 PAGE 1 OF 9 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 SS 67-6509, 6516 and Meridian City Code SS 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Crestline Development, LLC, whose address is 114 E. Idaho Avenue, Suite 230, Meridian, Idaho 83642. 4. The owner of the property is Great Oaks Water Company, Inc., 6854 W. Wright Street, Boise, Idaho 83709. 5. The location of the subject property is presently located at 4000 W. Pine, east of North Black Cat Road and south of West Cherry Lane, Meridian, Idaho within a present RUT zone, Rural Urban Transition, with an R-8 requested. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds 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 RUT (Rural Urban Transition), and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: 150 single-family residential subdivision and 9 other lots. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION NO.2 PAGE 2 OF 9 district and such other items as required has been furnished. 10. The Applicant seeks a variance of the following provision ofthe Meridian City Code, S 12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 11. All property owners within three hundred feet (300') ofthe external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the previously approved development design of Parkside Creek does not provide any stub streets, and with the Ten Mile Creek adjacent to the project, creation of vehicular access would be restricted on Block 4 to the north. Block 4 is located along the Ten Mile Creek, and backs up to the existing Fuller Park. With the design ofthe future park area located within Castlebrook #2, and the existing off-site features to the north as described, the breaking up ofthis block with a street is not possible with the design. This constraint, subsequently has an effect on the design of Blocks 3 and 8 as currently designed. Although it is possible to redesign the south frontage onto El Gato with two entrances rather than one, it is the developers intention to have one, main entrance that ends at the south end ofthe park, for aesthetical purposes. Blocks 6, 7 and the revised Block 10 do not meet the current minimum 500 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-005 CRESTLINE DEVELOPMENT, LLC I CASTLEBROOK SUBDIVISION NO.2 PAGE 3 OF9 foot requirement and are a direct result of the previous constraints on the other blocks. With the described constraints, the configuration of the parcel in association with the existing park and canal and the proposed location of the new park, along with proposed stub streets to provide access to surrounding unplatted properties, only with a major redesign would the subdivision be able to meet the requirement of Section 12-4-5. An additional point of access is to be developed when Castlebrook Phase Two is built. 13. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, is that the surrounding property to the north has already been approved without stub streets, and the Ten Mile Drain is adjacent to the property, and between the two restrictions vehicular access to this property cannot be obtained. 15. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because an applicant has a right to expect that any and all required improvements associated with a development request will benefit the public health, safety, or welfare. That right will be compromised by a literal interpretation of the ordinance, which will cause the property owner difficulty ifno flexibility on block lengths are allowed. 16. The existence of special circumstances or conditions affecting the property is that the conditions that exist adjacent to and in the area of the property are not all necessarily conditions that exist as a result of the applicant's own actions. 17. The variance from the maximum block length of 1,000 feet and the minimum block length of 500 feet due to the unique circumstances on site will not confer any special privileges FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE IV AR-03-005 CRESTLINE DEVELOPMENT, LLC I CASTLEBROOK SUBDIVISION NO.2 PAGE 4 OF 9 denied other lands in this district. Granting the variance would simply allow the applicant to develop in the same manner as the surrounding properties and maintain rights which would be afforded to others in the same situation. 18. The applicant will benefit by not being required to provide the maximum 1,000 foot block lengths for Blocks 3, 4 and 8, nor the minimum 500 foot block lengths for Blocks 6, 7 and 10, for proposed proj ect. 19. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions ofthe Comprehensive Plan. 20. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements ofthe Subdivision Ordinance will prevent the conditions which are the source ofthe complaints raised in the public hearing of this matter. 21. The granting of this variance will not have an effect of altering the interest and purpose ofthe Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 22. The applicant paid the fee established by the City Council for application variance. 23. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter date April 4, 2003, wherein the applicant shall be required to comply with the conditions and requirements ofthe corresponding applications in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-00S CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION NO.2 PAGES OF9 matter, Cases AZ-02-031 and PP-02-032, for the Castlebrook Subdivision No.2. 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 of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing ofa variance request are set forth in Idaho Code S 67-6509,6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are setforth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application ofthe provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION NO.2 PAGE 6 OF 9 variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 12-4-5, BLOCKS, and in theR-8 zone, ifgranted there-zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: That the Applicant is hereby granted a variance from the 1,000 foot minimum block length requirement for Blocks 3, 4 and 8 to exceed the 1,000 foot maximum block lengths, and from the 500 foot minimum block length requirement for Blocks 6, 7 and 10 to be less than the 500 foot minimum block lengths, within Castlebrook Subdivision No.2 in the R-8 zone. Additionally, the applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter date April 4, 2003, wherein the applicant shall be required to comply with the conditions and requirements ofthe corresponding applications in this matter, Cases AZ-02-031 and PP-02-032, for the Castlebrook Subdivision No.2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDNISION NO.2 PAGE 7 OF 9 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 Block Requirements in the R-8 Zone as provided in the Section 12- 4-5 and may within twenty-eight (28) days after the date 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 61"- . - day of /J"LaJ- , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY de WEERD VOTED~L/ COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. 1. M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) - VOTED DATED: 5 ~6~tJ3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION NO.2 PAGE 8 OF 9 MOTION: APPROVED: X I DISAPPROVED: Attest: ~ .;:- ::: - SEAL ""0, 1;; ~ GiG< ....q) 0 .::- ~';o "oS, 1~ ' ~,f ~ ~ ~. ~ '"1; --, ^- ~ <.." :t,o'",t, .....ulJNT'<, \\\' III},.. . \\\\ If';I~HHH\\\ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By:JI~~~9- City Clerk Dated: ~-$-tJ3 - ~ - - z:\ Work\M\Merid ian\Meridian 15360M\CastJebrook Sub No.2 AZ 02 031 PP 02 032 V AR 03 005\FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR~03-005 CRESTLINE DEVELOPMENT, LLC I CASTLEBROOK SUBDIVISION NO.2 PAGE 9 OF 9 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN - .J. IN THE MATTER OF THE REQUEST FOR REZONE OF 6.95 ACRES FROM L-O TO L-O AND C- G ZONES FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION, LOCATED ON THE NORTH SIDE OF EAST FAIRVIEW A VENUE, APPROXIMATELY ~ MILE WEST OF NORTH EAGLE ROAD, MERIDIAN, IDAHO THE LAND GROUP, INC., APPLICANT C/C 04-15-03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: RZ-03-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 6.95 acres having come on for public hearing on April 15, 2003, at the hour of 7:00 o'clock p.m., and Council having received the report of Wendy Kirkpatrick Planner II of the Planning and Zoning Department, and Bruce Freckleton of the Public Works Department, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Depmiment, and Russ Hepworth, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION I (RZ-03-001) PAGE 1 OF 21 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 April 15, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 15, 2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and Meridian City Code 9S 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 ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 6.95 acres in size. The property is located on the n011h side of East Franklin Avenue, approximately Y2 mile west of North Eagle Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 2 OF 21 Meridian, Idaho, and a copy of the legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner of record of the subject property is M & L Limited Partnership, 620 West Idaho, Boise, Idaho 83701. 6. The Applicant is The Land Group, Inc., Russ Hepworth, 128 South Eagle Road, Eagle, Idaho 83616. 7. The property is presently zoned as L-O (Limited Office) and consists of vacant land. 8. The Applicant requests the property be rezoned as L-O (Limited Office) and C-G (General Retail and Service Commercial). 9. The proposed site is bordered to the north by Dove Meadows Subdivision, zoned R-8 & L-O, to the south by Fairview Avenue and Treasure Valley Business Center, zoned I-L, to the east by Capital Christian Center, zoned L-O, and to the west by vacant land, zoned RUT (Ada County). 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: commercial subdivision. 13. The Applicant requests rezoning ofthe subject real property as L-O and C- G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION I (RZ-03-00 1) PAGE 3 OF 2] designates the subject property as Commercial. 14. ThL~re are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code S 11-15-11for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subj ect to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION I (RZ-03-001) PAGE 4 OF 2] 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of maj or importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff and Agency recommendations and/or conditions provide as follows: A. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: SITE SPECIFIC REQUIREMENTS Staff recommends the following be made conditions of the Rezone: STANDARD CONDITIONS I. Remove any existing domestic wells and/or septic systems within this project ii-om their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. 5. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 6. Development of the property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of the ACHD as follows: Special Recommendation to the City of Meridian and the Applicant: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 5 OF 21 I. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. 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. 3. The existing driveway on Fairview Avenue, located approximately 500-feet west of Hickory Way is approved with this application. 4. Construct driveways on Hickory Way to align with existing driveways on the east side of Hickory Way. Pave the driveways their full width of24 to 30-feet and at least 30- feet into the site beyond the edge of pavement of Hickory Way with 15-foot curb radii. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION I (RZ-03-00 I) PAGE 6 OF 21 6. Provide a recorded cross access easement for all of the lots within the subdivision, and to the out parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat for Angel Park Subdivision, and should also be noted on the current plat. 7. Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. After the sidewalk has been constructed, the applicant may request reimbursement from the District, for an amount not to exceed the original Letter of Credit. The applicant has two weeks from the date of Commission action (November 29,2000) to request reconsideration of this requirement. 8. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire site. Locate the sidewalk 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 9. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview A venue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Other than the access points specifically approved with this application, direct lot or parcel access to Hickory Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: I. 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 repolt 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 7 OF 2] 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 Distnct 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 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. Constmction, 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 DIGLlNE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 allmles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant vrits successors in interest advises the Highway District of its intent to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROY AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION I (RZ-03-00 1) PAGE 8 OF 21 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 as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall corners with a minimum ofa28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The fire lanes shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.2.1 16. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "Commercial". The requested C-G zoning is harmonious with the "Commercial" designation and is in accordance with the overall goals and policies of the Comprehensive Plan. 17. It is found that the proposed zoning amendment complies with the intended zone(s) supported by the Future Land Use Map. It is not anticipated that the property will be rezoned in the future. 18. It is found that the Applicant has not submitted detailed development plans for the un-built parcels within the development; however, it is found that the land to be rezoned will be developed as a commercial subdivision. If the property is developed in accordance with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROY AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 9 OF 21 MCC, commercial development would be allowed under the new C-G zoning designation. 19. The recent adoption of the Comprehensive Plan changed the land use designation of the property. Furthermore, the re-zone would be in compliance with the Comprehensive Plan as commercial property. 20. It is found that all development within the subdivision will be required to comply with the MCC, and that the future development of the land will be in harmony of the existing and intended character of the area. All commercial development applications will have to be weighed on the merits of the specific application. All development will require a Certificate of Zoning Compliance or Conditional Use Permit application, as determined by the Schedule of Use Control in the City's Zoning Ordinance. 21. It is found that the re-zone to C-G should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the C- G zone may be disturbing to future or existing neighbors; however each development will be required to comply with the approval requirements of the MCC. Lot 4 will remain zoned L-O and will serve as a buffer between commercial development and the neighboring subdivision. 22. It is found that the proposed uses will be adequately served by all essential public services and facilities. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 24. It is found that the proposed C-G zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-00 1) PAGE]O OF 21 conditions that are detrimental to the general welfare of the community. 25. It is found that the proposed C-G zoning will not interfere with general traffic patterns on any public streets. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. 27. It is found that the zoning amendment would be in the best interest of the City by allowing a propelty owner to make improvements to the property that would otherwise not be allowed without the zoning amendment. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Limited Office (L-O) and General Retail and Service Commercial (C-G) as defined in the Zoning Ordinance at 11-7-2 G and K as follows: (L-O)Limited Office District: The purpose of the L-Q District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-Q District is designed to act as a buffer between other more intense nomesidential uses and high density residential uses, and is thus a transitional use. COlmection to the Municipal water and sewer system of the City is a requirement in this District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION I (RZ-03-00l) PAGEIIOF21 AND (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. 4. Idaho Code 9 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code 9 67-651lA provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parceL The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code 911-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. 9 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Vlhere FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 12 OF 21 uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district bowldaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. S 11-15-l10fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zonmg. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-00 1) PAGE 13 OF 21 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such serVIces; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA W WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 6.95 acres to construct a commercial subdivision under the proposed L-O and C-G zones, are granted, subject to the terms and conditions of this Order hereinafter stated; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE CO:MIv1ERCIAL COMPLEX SUBDIVISION I (RZ-03-001) PAGE 14 OF 21 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC REQUIREMENTS Staff recommends the following be made conditions of the Rezone: STANDARD CONDITIONS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of propeliy. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. 5. Any assessments or re-assessments for sewer and water service for any new uses will be determined durmg the Certificate of Occupancy process. 6. Development ofthe property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of the ACHD as follows: Special Recommendation to the City of Meridian and the Applicant: I. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 15 OF 21 Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiaL The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 2. 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. 3. The existing driveway on Fairview Avenue, located approximately 500-feet west of Hickory Way is approved with this application. 4. Construct driveways on Hickory Way to align with existing driveways on the east side of Hickory Way. Pave the driveways their full width of24 to 30-feet and at least 30- feet into the site beyond the edge of pavement of Hickory Way with 15-foot curb radii. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. 6. Provide a recorded cross access easement for all of the lots within the subdivision, and to the out parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat for Angel Park Subdivision, and should also be noted on the current plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MAL LANE COMMERCIAL COMPLEX SUBDIVISION I (RZ-03-001) PAGE 16 OF 21 7. Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site. Coordinate the location and elevation ofthe sidewalk with District staff. After the sidewalk has been constructed, the applicant may request reimbursement from the District, for an amount not to exceed the original Letter of Credit. The applicant has two weeks from the date of Commission action (November 29,2000) to request reconsideration of this requirement. 8. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire site. Locate the sidewalk 2-feet withi~ the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 9. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Other than the access points specifically approved with this application, direct lot or parcel access to Hickory Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: I. 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION I (RZ-03-001) PAGE170F21 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 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 conduit.:; (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. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 18 OF 21 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 entrances and internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. final approval offire hydrant locations shall by the Fire Department. 6. The fire lanes shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.2.1 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (L-O) Limited Office District and (C-G) General Retail and Service Commercial District (Meridian City Code 9 11-7-2 G and K) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 19 OF 21 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 regnl"r meeting held on In. cvt 6 ~ 2003. ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~ VOTED~ COUNCIL WOMAN McCANDLESS COUNCILMAN NARY VOTED~ MA YOR ROBERT CORRIE (TIE BREAKER) DATED: {) -6 -[):3 VOTED .- MOTION: APPROVED:L DISAPPROVED: ,,,,,,",,,,,,&Yf1 ~i ", ......t: M.:-- II Attest: \,\' _I V' '::.fljl'> 1.'/" ~.... ::<..' <...11..,.,"" ~ 6 . ~(}.!:). -11-- ~ ~ "C'"P -'''''l~ ~ ~ ~ 0 ~ ~ - - - g SEAL ~ f'J '" ~/k. ....~ 0 :: ~.,.o ~o::.'11si . ~ ~ 1.... ""1 r-.tr ,,' ~...... 00-".". \\..1 ....'" "/11 1,.1,'01 "{, \\\.... Copy served upon Applicant, the Planninlrand:Zol1Hig Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001) PAGE 20 OF 21 BY~~~(~ City Clerk . Dated: 5~g -03 \\\\\111 II II /fltlll \..\\\~ of MEFl,/.'/',; -..,...':,\ - <.~~ / 'l ~ c} "'PO~ A "1.4. 'l .::: (;or' '~)':, 'V ~ 2 ~~ <-6 s : ~ SEAL ~"7. f') ~ en t"'it.C:': ... -....u .....~.J .... .~ '<:) IS, n5\' .P .f -;.. ':"f ~. 0' ;.>...... a ~ " "///// OlNfr~. 11\\\' Ilf/JUH .!I11III\\ Z:\Work\M\Mcridian\lVleridian 15360MIMallane Commercial Complex RZ 03 OOJ\FfsClsOrderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV AL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G FOR MALLANE COMrv:lERCIAL COMPLEX SUBDIVISION! (RZ-03-001) PAGE 21 OF 21 May 2, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT May 6, 2003 ITEM NO. 3~J REQUEST Approve Beer & Wine License Transfers for Idaho Pizza Company from 120 East Fairview Avenue to 405 East Fairview Avenue: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: wrf~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 2, 2003 MERIDIAN CITY COUNCIL MEETING May 6, 2003 APPLICANT ITEM NO. REQUEST Addendum to Lease for Meridian Chamber of Commerce: 3-jc AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Lease ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED APR 2 4 2003 City of Meridian City Clerk Office WHITE PETERSON WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS JUUE KLEIN FISCHER WM. F. GIG RAY, III T. GIN HALLAM' D. SAMUELJOHNSON WilLiAM A. MOlUlOW WILLIAM F. NICHOLS' CHRISTOPHER S. NYE PHJUP A. PETERSON ERICA S.I'HJLLIPS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHIT"" NICI-lOLAS L. WOLLEN ATTORNEYS AT LAW NAMP A OFFICE 5700 E. FRANKLIN RD., SUJTE200 NAMPA, IDAHO 83687.8402 TEL. (208) 466-9272 FAX (208) 466-4405 · Also admined ill OR .. Also admiued in W A April 24, 2003 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: LEASE ADDENDUM BETWEEN THE CITY OF MERIDIAN AND THE MERIDIAN CHAMBER OF COMMffiRCE Dear Will: Please find attached the Lease Addendum that was prepared pursuant to the action of the Council at their April 22, 2003 meeting. Please obtain the Chamber of Commerce signatures and upon the Chambers appropriate signatures, the Lease Addendum will then need to be placed upon a Council agenda for approval. ('" oYt.f ~i::" tIt: ra Cc.... If"" - b--t? .3 If you have any questions arise, please advise. Z:\ Work\M\Meridian\Meridian ] 5360M'Chamber of Commerce Ground Lease\Clerk Lease Addendum to Lease Ltr 0424 03.dcc LEASE ADDENDUM This Addendum is made and entered into this 2 q I:! day of I1pUL 2003, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter referred to as "City", and the MERIDIAN CHAMBER OF COMMERCE, INC., an Idaho corporation, hereinafter referred to as "Lessee". REelT ALS: WHEREAS, on June 20, 2002, the parties entered into a Lease between the "City" and the "Lessee"; and WHEREAS, the "Lessee" is now ready to sign the parking spaces at their office located in Storey Park, and the number of parking spaces, along with parking signage, has been agreed upon between the two pmties; and WHEREAS, the <<Lessee" desires to place a sign on the east side of the Franklin Road entrance for RV parking for the Visitor Center in Storey Park, and said signage has been agreed upon between the two parties. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledge, the <<City" and the "Lessee" covenant and agree as follows: 1. "City" agrees that the <<Lessee" shall have six (6) parking spaces designated for sole use of the "Lessee" for staff and customers. These spaces will be signed by the <<Lessee" for its sole use from 8:00 a.m. to 5:00 p.m., Monday through Friday. In addition, these spaces will be signed such that persons parking in these spaces in violation of their reserved nature may be subject to towing at the violators' expense. LEASE ADDENDUM PAGEIOF4 ~ All signage will be provided by the "Lessee" and their towing company of choice, in accordance with City ordinance, and will be erected in cooperation with the "City", 2. The "City" agrees that the "Lessee" may sign the east side of the Franklin entrance road into the park for R V parking, to indicate the safest and easiest location for travelers who stop at the Visitors' Center driving RV's or pulling trailers. This area will not be signed as a "towable" area. LEASE ADDENDUM PAGE 2 OF 4 ACKNOWLEGEMENT IN WITNESS WHEREOF, the parties have subscribed their names and have set their seals on the day and year first above written. := Attest: "CITY" CITY OF MERIDIAN, IDAHO 33 E. Idaho Street Avet1.~ Meridian, Idaho 83642 ~ I~- ~ By: .'\/ t{). ~ - Ho hIe ~Jrt D. Corrie, Mayor \ \ ~ \ IIlllltll tit \\'\ ~ 1'I.1lI,.. 1111 ,\\\ ~I V'I wn:::.ffll" III,; ~ ,,( '\ VL,.., ';"- ~ 6' . -71,.- 'l Th' L dd d db I M:$' '!.l';,..~. . ~. I . IS. ease A en urn approve y t 1e er~lan ounl.,;N6' tmg~n regu ar seSSiOn on the r;; ..fi;: day of mati ' 2~3. ~ ~ - - ~~/h - ;lfiamG.Berg)r.,c~/~ Attest: B~/l~ "LESSEE" MERIDIAN CHAMBER OF COMMERCE 215 E. Franklin Road P.O. Box 7 Meridian, Idaho 83680 LEASE ADDENDUM PAGE 3 OF4 STATE OF IDAHO, ) ss: County of Ada, ) On the ;).q+11 day of Hor/I ,2003, before me, the undersigned, a Notary Public in and for said State~ personally appeared GERRY MATTISON and_ 7er€5C/. A" SCl.cKrna r) ,known to me to the President and fAt Execu..-h'v'.fJ. b?V'.{I..c+e-r of the Meridian Chamber of Commerce, Inc., the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. .,.,11111'", ........,. ~. NO.9 "'"'''' (SEAL) ~.. '!1:~ .......;)'/...(;' ..~.. ~ s .. -;. 1~~9.Y .~ :: ::r: !\. r · : i-o ~O ..tl'" 0 5 :: -< , ,..:~ l:l: :: 'i to> ~v :: .. p\l.o "I;' ~ \ -$$ c:... ... ...~ ...... """'" $1' A T'6 ,,,..,,.... ...'.11....... UblW-t1;'vV L -1~ Notary Public for Idaho Residing at: Ku/Yl-dt . .dd1Y/1'7/O Commission Expires:/ 10 /;;L. 7 /0 23 . , STATE OF IDAHO, ) : ss: County of Ada, ) -i0-. On the &' day ofVYlOv~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to the Mayor and the City Clerk of the City of Meridian, the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above writte.1. (SEAL) .IIlIllOUtI. <>.. N S-!'1; lrl1<>+ ,<~OT~;:,~. :f"'J/....., \ ~ II r \ ~ II : I II ~ , r m "" , J lit P \. /. III 1!l-.,. .s>.o.......!:.osL\C..~.. 'O'; ..f;,;':'.._--- ~.. o.'"-(.tfOF1P... .."....'1>. 2 hOJLUn~1L- Notary Public for Idaho , Residing at: A~~_J;[cJ'-LJ Commission Expires: - <i- 0<;; Z:\ Work\M\Meridian\Meridian I 5360M\Chamber of Commerce Ground Lease\LEASE ADDENDUM.doc LEASE ADDENDUM PAGE 4 OF 4 May 2, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT May 6, 2003 3-L ITEM NO. REQUEST Approve Liquor License Application for EI Tenampa by Susan Goodwin - 906 North Main Street: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~.~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 2, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT May 6,2003 3-~ ITEM NO. REQUEST Approve Change Order No. 1 for the White Drain Sewer Trunk Project - Thueson Construction, Inc.: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FI RE 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 ~~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo D To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 5/1/2003 Re: Proposed Agenda Items for May 6 City Council Meeting MAY - f 2003 C~ty OfMericlian Crty Clerk Office The Public Works Department respectfully requests that the following items be placed on the May 6 City Council agenda, on the Consent Agenda, for Council's consideration: Chanoe Order No.1, Thueson Construction - White Drain Sewer Proiect. This is the one and final change order for this project. The change order reflects final quantities of bid items completed. The major addition was installation of sewer services to future lots in the developments through which the trunk was constructed. Agreements with each of these developers were approved by City Council in 2002. The total amount to be reimbursed to the City is $68,136.50. Conversely, we reduced costs for gravel access road construction and replacement of a concrete irrigation among other things. If approved, the total agreement amount will be $1,017,119.20 (original contract amount = $994,060.10). Once the City is reimbursed for sewer service installations by the developers, the final net project amount will be $948,982.70, or $45.077.40 under orioinal contract amount. A signed copy of the change order and a final quantity spreadsheet are attached. Recommended Council Action: Approve Change Order No.1 with Thueson Construction for the White Drain Sewer Project for $23,059.10 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. /--1 . Page 1 CHANGE ORDER No. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Meridian CONTRACTOR Thueson Construction. Inc. Contract: White Drain Trunk Sewer Project: White Drain Trunk Sewer OWNER's Contract No. C-13A ENGINEER Keller Associates ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Additions, deletions and modifications to bid items as listed in attached final pay application worksheet. Reason for Change Order: 1) Added sewer services at request of adjacent developers; will be reimbursed per individual agreements, 2) final reconciliation of quantities. Attachments: See attached final quantity calculation worksheet. CHANGE IN CON1RACT PRICE: Original Contract Price $ 994.060.10 Net Increase (Decrease) from previous Change Orders No. - to - $ ..()- Contract Price prior to this Change Order; $ 994.060.10 Net increase (decrease) of this Change Order; $ 23.059.10 Contract Price with all approved Change Orders: $- ] .017.119.20 CHANGE IN CON1RACT TIMES: Original Contract Times: Substantial Completion: ]60 Ready for final payment 190 (days or dates) Net change from previous Change Orders No. _ to No. Substantial Completion: -0- Ready for final payment: -0- (days) Contract Times prior to this Change Order: Substantial Completion: 160 Ready for final payment: 190 (days or dates) Net increase (decrease) this Change Order: Substantial Completion: -0- Ready fOffinal payment: +50 (days) Contract Times with all approved Change Orders: Substantial Completion: 160 Ready for final payment: 240 (days or dates) RECrED: By: ~~ By: ENGINEER (Authorized Signature) OWNER (Authorized Signature) APPROVED: Date: ,., - 2. I - 03 Date: Date: CTOR(Authorized Signature) Ii / "?'I/llS EJCDC 191O-8-B (1996 Edition) Prep<rred by the Engineers )oin~ Contract Documents CommiUee and endorsed by The Associa~ed General Contractors of America and the Construction Specifications Institute. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the fonn, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. 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I i ::J Q s:: .s is 5 ~ E: ell 11 g o .- <: il 8 I- o .... ~ d: CI.l (J) o u o i If 0' ~ Gl ... ... r-: ~ .. o o i i 0' ~ E {ij oll i ::J ..0 ~ 'U m ~ ~ ~ May 2, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT May 6, 2003 ITEM NO. 8-0 REQUEST Award Bid / Contract for 2003 Locust Grove Sewer and Water Line - Bitterroot Construction: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo ro~ (JJff Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. . Gi~,of,Meri[fian " :,,' eul:jli&,W()l7J(s:BeRt~' ," : ? ,~ ~ 1 '<, ' '<<", "? -; , ? ~ ' ,~ ? r . RECEIVED MAY - i 2003 To: Brad Watson From. Lenard Grady la i . CC: Gary Smith Date: 5/1/2003 Re: Proposed Agenda Items for May 6,2003 City Council 'Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests the following items be placed on the May 6 City Council consent agenda: 2003 Locust Grove Sewer and Water Line Five bids were submitted for the above project as summarized below: . Bitterroot Construction Masco, Inc Sommer Construction Bodiford Construction Brown Construction $156,730.00 $174,450.00 $185,099.45 $193,000.00 $270,931.00 . . . . The detail for this project is attached Once constructed, water and sewer will be installed to just south of Chinden. Recommended Council Action: The Public Works Deparbnent recommends that City Council apprQyes the $156,730.00 contract With Bitterroot Construction for the 2003 locust Grove Sewer and Water line Project and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 It Page 1 (208) 898.5500 Fax: (208) 887-1297 gradyJ@dmeridianJd.us .I" t" ~ ... \ 2003 Locust Grove Sewer and Water Line Bitterroot Sommer Bodiford Brown Construction Masco, Inc Construction Construction Construction Mobilization $ 3,230.00 $ 7,990.00 $ 9,206.00 $ 20,000.00 $ 13,546.55 Water Line $ 78,045.00 $ 72,286.00 $ 74,748.95 $ 73,000.00 $ 105,140.30 Sewer Line $ 75,455.00 $ 94,174.00 $ 101,144.50 $ 100,000.00 $ 152,244.15 Total $ 156,730.00 $ 174,450.00 $ 185,099.45 $ 193,000.00 $ 270,931.00 5/1/2003 11 :40 AM May 2, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Approve Bills: May 6,2003 ITEM NO. 3-1/ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS vJ./ ~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CMD, INC. - DOUG CAMPBELL FOR APPROVAL OF FINAL PLAT FOR COBBLEFIELD CROSSING SUBDIVISION, LOCATED AT NORTH LINDER ROAD AND WEST McMILLAN ROAD, MERIDIAN, IDAHO C/C 05/06/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on May 6, 2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Plmming and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Rod Ralphs, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "COBBLEFIELD CROSSING SUBDIVISION" as evidenced in Plat bearing: "COBBLEFIELD CROSSING SUBDIVISION, A PORTION OF THE NW 'l4 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBBLEFIELD CROSSING SUBDIVISION / (FP-03-022) Page 1 of 4 OF SECTION 36, TA.N., R.1.W., B.M., ADA COUNTY, IDAHO, JANUARY 2003, INDEX NO. 414~36-4-0-00-00, JOB NO. 02127.002, SHEET 1 OF 3 SHEETS, HANDWRITTEN DATE: 2-13-03, LEAVITT & ASSOCIATES ENGINEERS, INC.", CMD, INC. - Doug Campbell, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKim10n Planner II for the Planning and Zoning Department, dated Hearing Date: May 6, 2003, listing 8 General Requirements and 21 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their May 6, 2003 meeting as follows, to- wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: 1. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for duration of2 hours to service the entire project. Pire hydrants shall be placed an average of 400' apart. 1997 UPC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Deprniment. 3. Pinal Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBBLEFIELD CROSSING SUBDIVISION / (FP-03-022) Page 2 of4 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. Building setbacks shall be per the Building Code for one and two story construction, 10. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles shall be posted "No Parking Fire Lane". UFC 902.2 1.2 The Central District Health Depa11ment requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Enviroill11ental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBBLEFIELD CROSSING SUBDIVISION / (FP-03-022) Page 3 of 4 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the I.o~ day of urflfktf ,2003. Attest: ~ ~ SEAL - 'fr.~ ~- ~ ~ ~ ~ / ~. c.-Q ~o.":: William G. Berg, Jr., Ci y Clerk %"'Yq" Us". 151 .... -<:-O.f "'~I '1 C ~~.........'::- /;" v! ~;" ~-i ........... Illf', "'.I;',; ~ . \\\\\ ~~ji':f j~ i~;.\'t\' Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: $nt0rJIY7Jrruf/z i/Jr;kl<t Dated: 5- or;-o~ City Clerk f 0 Z:\Work\M\Meridian\Meridian 1 5360M'CobblefieJd Crossing Subdivision FP-03-D22\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBBLEFlELD CROSSING SUBDIVISION I (FP-03-022) Page 4 of4 MAYOR Robert D, Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS William L.M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F A.."I: (208) 887-4813 City Clerk Office Fax (208) 888.4218 PUBUC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: Hearing Date: May 6, 2003 To: Mayor & City Council ~ RECEIVED MAY 0 1 2003 From: Bruce Freckleton, Engineering Tech ill David McKinnon, Planner IT J::J.A Cobblefield Crossing Subdivision City Of Meridian City Clerk Office · Request for a Pinal Plat Approval of Cobblefield Crossing Subdivision, Consisting of Seventy-Two (72) Building Lots and Sixteen (16) Other Lots on 15.3 Acres in an R-8 (PD) Zone by CI\.1D, Inc. (File No. FP 03-022). Re: We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION Cobblefield Crossing Subdivision is a single phase subdivision generally located on the east side of Linder Road, approximately '!4 of a mile south of McMillan Road. The subdivision contains 72 individual building lots, and 16 "other" (landscaping/open space/drainage) lots. The gross density of the subdivision is approximately 4.7 dwelling units/acre. The subdivision was approved as a Planned Development allowing for reduced minimum house sizes (1,150+) and reduced building setbacks in the R-8 zone. The lots within the subdivision meet all of the minimum lot requirements of the Planned Development and the previously approved Preliminary Plat. The applicant has added a swimming pool and changing room to one of the open space/drainage lots (Lot 4, Block 4) as an additional amenity fro the subdivision. Staff is classifying the pool as an accessory use to the subdivision and will require a Certificate of Zoning Compliance prior to construction. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (pP-02-022), Conditional Use Permit (CUP-02-032) and the recorded Development Agreement (Instrument No. 103049615). 2. The pressurized irrigation system within this development is to be owned and maintained by HI IT8DA" r of&.f Mayor and Council May 6, 2003 (Hearing Date) Page 2 be supplied by a year-round source of water. If a creek or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Fencing within 20 feet of all public right of ways shall be no taller than 3 feet in height if solid fencing material is used. The fencing plan shall be revised as follows: -Fencing adjacent to Lot 13, Block 1, and Lot 8, Block 4 is not depicted on the submitted fencing plan. Fencing adjacent to these lots shall be no greater than 4 feet in height ifbuilt ofa solid sight obscuring material, and shall be the responsibility of the developer to install prior to requesting occupancy permits within the subdivision. 5. The Landscape Plan, prepared by Sterling Nursery, dated 2-24-03, IS approved with the following revision: - A parking lot shall be added to the proposed swimming pool lot (Lot 4, Block 4), in accordance with section 11-13 oftheMCC. The revised plan shall be submitted with the Certificate of Zoning Compliance application for the pool and changing room facility. 6. Add or revise the following plat notes: - Add a note to the plat restricting fencing adjacent to the micro-path lot and Lot 8, Block 4 to being no more than 4 feet in height if built of sight obscuring materials, in accordance with MCC 12-6-15-9. -Add a note to the plat stating that the plat is subject to a Development Agreement (Inst. No. 103049615) and a Conditional Use Permit (File No. CUP-02-032). -Revise plat note #6 to accurately reflect the correct lot and block numbers of the common lots. Lot 26, Block 1, Lot 7, Block 4, Lot 14 Block 2 shall be included in this note as common lots and Lot 13, Block, Lots 1-8, Block 4 shall be removed from the note as common lots. -Add the following note: The owner of each lot across which passes an irrigation/drainage ditch or pipe, shall be responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. - Add the following note: The bottom elevation of structural footings shall be set a minimum of .,-n 4 1 1 .t 1 ~ 1 . 114 1 1 1 1 ~ 1 ;- E Hi IT "A .~() '-I Mayor and Council May 6) 2003 (Hearing Date) Page 3 7. 8. 9. 17. 20. 21. Add the word "Meridian" to the situate statement between B.M. and Ada County) and remove the "January" reference. Remove the square footage notation on each lot and from the plat legend. Add the bearing to the north boundary line of Lot 13, Block 1. 10. Please change the line weight and type for the "match line". This line should be lighter and different than the boundary. Include the same in the plat legend. 11. Correct the discrepancy between the bearing shown on the west end of the subdivision, and the corresponding line in the legal description of the Certificate of Owner's. 12. Correct the spelling of "Retention Pond" on Lots 1) Block 7, Lot 1, Block 8, and Lot 4) Block 4. 13. Add the recorded plat or unplatted reference around the subdivision boundary shown on page 2 of the plat. 14. The sum of the lot dimensions along the east boundary of the subdivision don't equal the overall distance shown. It appears that the eastern boundary distance of Lot 8, Block 4 is incorrect. 15. Correct the street names shown on the plat to reflect the approved names shown on the Ada County Street Name Committee "Final" letter. 16. Revise the water service origin statement in the Certificate of Owner's to read: All lots within this subdivision will receive domestic water from an existing water system, and the City of Meridian has agreed in writing to serve all the lots within this subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 18. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 19. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. A Certificate of Zoning Compliance shall be required prior to the construction of the pool and changing facility on Lot 4, Block 4 of the subdivision. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility r_ _ _ _..... 1: _.0 _ _ EXHIBIT "Att 3of4 Mayor and Council May 6, 2003 (Hearing Date) Page 4 GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage 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 will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-Hundred-fifty, and One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making the available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian IS Water Deputy Fire Chief and the Public Works Department. 8. Provide sidewalks in accordancewithMCC 12-13-10-8. EXHIBIT II AU ,., o.f&j h / BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HA V ASU CREEK, LLC FOR APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDIVISION NO. 1, LOCATED WEST OF NORTH LOCUST GROVE ROAD AND SOUTH OF EAST McMILLAN ROAD, MERIDIAN, IDAHO C/C 05/06/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Pinal Plat approval pursuant to Meridian City Code S 12-3-7 on May 6, 2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Planning and Zoning Department, and Bruce freckleton, Engineering Technician III, and that Brad Hawkins-Clark Planner III for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: L The final Plat of "COBRE BASIN SUBDIVISION NO.1" as evidenced in Plat bearing: "PLAT OF COBRE BASIN SUBDIVISION NO.1, A PORTION OF THE NORTH Y2 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDIVISION NO.1 / (FP-03-023) Page 1 of 4 OF SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, SHEET 1 OF 3, 30210-PLT.DWG MEM 04/09/03, HANDWRITTEN DATE: 4/9/03, HAVASU CREEK, LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", HA V ASU CREEK, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner II for the Planning and Zoning Department, dated Hearing Date: May 6,2003, listing 8 General Requirements and 13 Site Specific Requirements, a true and conect copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the Memorandum from Bruce Freckleton, Engineering Technician III, dated May 2, 2003 Hearing Date: May 6, 2003, listing an addendum to Site Specific Conditions of Approval number 14, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of one page, and by this reference incorporated herein, and the response letter from Becky McKay dated May 2,2003, a true and correct copy of which is attached hereto marked Exhibit "C", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their May 6, 2003 meeting as follows, to- wit: ] .] Comply with the Meridian Fire Department's requirements as follows: 1. Provide a fire-flow per the Unifonn 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 FINAL PLAT FOR COBRE BASIN SUBDIVISION NO. 1/ (FP~03-023) Page 2 of 4 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 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 1.2 That in staff comments dated Hearing Date: May 6, 2003, under Site Specific Requirements number 1 it shall be revised to read as follows: 1. Applicant shall meet all terms of the approved Preliminary Plat and Conditional Use Permit. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the b~ day of 11L~ ,2003. By: 0 -;:1 ,() _~ R~ CORRIE Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDTVISION NO.1 / (FP-03-023) Page 3 of4 Attest: ByJfdL:.~~ ~ City Clerk . Dated: '. -. - Z:\Work\M\Mcridian\Mcridian 15360M'Cobrc Basin Sub No. ] FP.03-023\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDIVISION NO.1 / (FP-03-023) Page 4 of 4 MAYOR Robert D. Corrie HUB OFTRE4SURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS William L.M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887.4813 City Clerk Office Fax: (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211' Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 :MEMORANDUM: Hearing Date: May 6, 2003 To: Mayor & City Council ~ -, . . RECEIVE] APR 3 0 2003 City Of Meridian" City Clerk Office From: Bruce Freckleton, Engineering Tech ill David McKinnon, Planner II }j.A Cobre Basin Subdivision No.1 (preliminary Platted as Havasu Creek) Re: · Request for a Final Plat Approval of Cobre Basin Subdivision No.1, Consisting of Thirty-Seven (37) Building Lots and Eleven (11) Other Lots on 16.56 Acres in an R-4 (PD) Zone by Havasu Creek, LLC (File No. FP 03-023). We have reviewed tbis submittal and offer the following comments, as conditions of the applicant. These conditions sball be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION Cohre Basin Subdivision No. 1 is the ftrst phase of the northern portion of the Havasu Creek Subdivision, located on the south side of McMillan Road, approximately 1/4 mile .east of Meridian Road. This phase of the Havasu Creek Subdivision is not contiguous to the previously approved Phases ofHavasu Creek and is therefore required to have a different name. Cohre Basin Subdivision NO.1 includes thirty-seven (37) single family building lots and eleven (11) "other" (landscaping/open space/drainage) lots. The gross density of Phase 1 is approximately 2.23 dwelling units/acre. The subdivision was approved as a Planned Development allowing for reduced minimum house sizes (1,201 +) and reduced building setbacks in the R-4 zone. The lots within the subdivision meet all of the minimum lot requirements of the Planned Development and the previously approved preliminary plat. SITE SPECIFIC CONDITIONS OF APPROVAL G-;\~~ I 4kAPplicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit~ Se..v Gr&-. :the recorded Devdup.ment Agreement. l\~ 2. The pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. The City of Meridian requires that pressurized irrigation systems " '1-41 ":I" '("I 1: 1~ 4. -t .. "I .-.: ~ i I "A" I o~ 3 Mayor and Council May 6, 2003 (Hearing Date) Page 2 point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3, Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Fencing within 20 feet of all public right of ways shall be no taller than 3 feet in height if solid fencing material is used, The fencing plan shall be revised as follows: -Fencing adjacent to Lot 7, Block 4, and Lot 4, Block 3 is not depicted on the submitted fencing plan. Fencing adjacent to these lots shall be no greater than 4 feet in height ifbuilt ofa sight obscuring material, and shall be the responsibility of the developer to install prior to requesting occupancy permits. 5. The Landscape Plan dated 4-07-03, prepared by Harvest Design is approved as submitted. 6. Add a note to the plat restricting fencing adjacent to micro-path lots to being no more than 4 feet in height if built of sight obscuring materials, in accordance with MCC 12-6-15-9. 7. Revise plat note number 7 to reflect the minimum house size as 1,201 square feet. 8. Add the bearing along the middle of block 4, 9. Move the distance (16.39') to the inside of Lot 4, Block 3, instead of showing it as a subdivision boundary distance. 10. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 13, Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility ,~- ---,,---- I" AI' "0", 3 Mayor and Council May 6, 2003 (Hearing Date) Page 3 GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage 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 will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-Hundred-fifty, and One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making the available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 8. Provide sidewalks in accordance with the MCC. C L- i IT If"" 3 oP.3 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLA1'mING AND ZONING DEPARTMENT (208) 884-5533. FAX 888-6854 CITY COUNCIL MEMBERS William L.M. Nary Keith Bird TammydeWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FA..-'\: (208) 887-4813 City ChIDe Office Fax (208) 888-4218 MEMORANDUM: May 2, 2003 Hearing Date: May 6, 2003 To: Mayor & City Council ~ RECEIVED MAY ~ 2 2003 From: Bruce Freckleton, Engineering Tech III Re: Cobre Basin Subdivision No.1 (preliminary Platted as Bavasu Creek) City Of Meridian . City Clerk Office · Request for a Final Plat Approval of Cobre Basin Subdivision No.1, Consisting of Thirty-Seven (37) Building Lots and Eleven (11) Other Lots on 16.56 Acres in an R-4 (PD) Zone by Havasu Creek:, LLC (File No. FP 03-023). I respectfully request that the following comment be included as an addendum to the original comments that were submitted by staff. The applicant has been sent a copy of this memorandum on this date. SITE SPECIFIC CONDITIONS OF APPROVAL 14. Sewer service to this development will be via gravity mains flowing to the northwesterly comer of the development. A temporary private sewage lift station will be installed by the developer to service the subdivision until such time as sewer is available in McMillan Road. The applicant shall be required to enter into an operation and maintenance agreement with the City of Meridian, and be responsible for payment of the monthly fees. EXHI I .. B II I ~ I FP.o3.Q23 Olbrc Basin NQ.1 FP EJ~'l!rfg1fs: 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwest.net May 2, 2003 REC~EIVED~ MAY - 2 2003 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ill 83642 City Of Meridian City Clerk Office Re: Cobre Basin Subdivision No.1 (aka Havasu Creek) File No. FP 03-023 Dear Mayor and Council: The following is in response to staffs comments dated April 22, 2003. SITE SPECIFIC REQUIREMENTS 1. The Applicant will comply with terms of approvals. 2. The Applicant will comply with pressurized irrigation requirements. 3. The Applicant will comply. 4. The Applicant will comply with fencing requirements. 5. Approval of the landscape plan dated 4-07-03 is noted. 6. The applicant will add a plat note regarding fencing of micro paths. 7. The applicant will revise plat note number 7 to comply. 8. The bearing will be added to the plat. 9. The applicant will revise the plat. 10. The Applicant will comply with sewer and water construction requirements. t S\o~~~!nnne's&d" C:\Documents and Settings\smiths.MERIDIANCITY\Local S Mayor and City Council May 2, 2003 Page 2 11. The Applicant will pay all applicable fees prior to signature on the final plat. 12. The Applicant will comply. 13. Noted. GENERAL REQUIREMENTS 1. The Applicant will comply. 2. The Applicant will comply. 3. The Applicant will comply. 4. The Applicant will comply. 5. The Applicant will comply. 6. The Applicant's engineer will comply. 7. The Applicant will comply. 8. The Applicant will comply. We believe this letter addresses all of your concerns. Please feel free to call me if you have additional comments or questions. Sincerely, ENGINEERING SOLUTIONS, LLP Becky McKay Partner BM:ss cc: Havasu Creek, LLC EXHIBIT "C" a..,ofd.- C:\Documents and Settings\srniths.MERlDIANCITY\Local Settings\Temporary Internet Files\OLKC\FPlCommentsResponse.doc