HomeMy WebLinkAbout2003-10-28
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 28, 2003 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_l Tammy de Weerd l Bill Nary
I Cherie McCandless --$- Keith Bird
o Mayor Robert Corrie
2. Adoption of the Agenda: afrvce..-
3. Discussion of reopening the Master Plan on Eagle Island State Park:
(20 minutes*) j1f"~Jer:t€d JJj E(rzlf.!.dtA. Cl911h-C/{.. f ~J1.C\- Gn'J'h';""
4. Discussion of Finance Report:
(10 minutes*) pef-?yvftdJ
5. Executive Session per Idaho Code 67-2345(1)(b):
(20 minutes*) I1A1 c::tect";J/tr;J
b. S fair€!. (jyh.-O I cl - ;/once ~ofn~ VIa. J1~
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - October 28, 2003 Page 1 of l
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting.
MAYOR
Robert D. Con-ie
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LEGAL DEPARTMENT
(208) 466-9272' FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550 I
PUBLIC WORKS
(208) 898-5500 . Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887,1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M, Nary
Cherie McCandless
Keith Bird
lDAHO
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 28,2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Discussion of reopening the Master Plan on Eagle Island State Park
- Discussion of Finance Report
- Executive Session per Idaho Code S67-2345(1)(b)
The Executive Session is closed to the public, however, the public is
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welcome to attend the remainder of the meeting,
DATED this 24th day of October, 2003.
~~~.. ",'
33 EAST IDAHO AVENUE · MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Oftice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
October 24, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
Pre-Council Meeting
october 28, 2003
ITEM NO,
3
REQUEST
Discussion of reopening the Master Plan on Eagle Island State Park:
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:
~y;r'~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
MaterIals presented at public meetings shalf become property of the City of Meridian.
Eagle Island State Park Brief Summary
History of Past Planning Activities
October 2003
RECEI"VED
OCT 2 8 2003
CITY OF MERIDIAN
In November 1980, The Idaho Department of Parks and Recreation (IDPR) contracted
with Richard Carothers and Associates to create the first Master plan for Eagle Island
State Park. Between November 1980 and November 2000, the IDPR constructed the
waterslide, swimming area, picnic areas, bathrooms, and parking areas that were called
for in the original plan.
In November of 2000, the Department contracted with Beck and Baird to work with
IDPR staff and the public to create the first update of the original November 1980 master
plan for Eagle Island State Park. Modifications recommended in the master plan
included equestrian facilities and a golf course. Since its adoption, IDPR has begun
developing the equestrian trails and trailhead facilities, which include parking, access
road improvements and hitching posts. Staff also placed a second restroom building
near the group picnic area.
Since the IDPR Board approved the Eagle Island Master Plan revision in 2000, growth in
western Ada County has exceeded the expectations of planners, additional golf courses
have been built in the valley, and park and recreation facilities provided to residents by
the City of Boise have reached maximum capacities. In 2002, legislation passed by the
Idaho State Legislature encouraged the Department of Parks and Recreation to enter
into agreements with local governments to meet the growing recreation needs of
Idahoans.
Following the passage of Senate Bill 1390 in 2002, the City of Eagle approached the
Department about the feasibility of transferring management of Eagle Island State Park
to the City of Eagle. While IDPR willingly entered into these discussions, the City was
unable to pursue the management transfer due to the need for ongoing financial support
and the realization that the park served a regional user base rather than just local users.
Building on the importance of addressing the need to address expanded park and
recreation needs within the Treasure Valley from a regional perspective, IDPR Director,
Rick Collignon approached the Treasure Valley Partnership (TVP) to explore their
interest in participating in a planning process that would help identify regional needs
and opportunities to best utilize the lands within Eagle Island State Park to meet some of
those regional needs.
In July 2003, the TVP unanimously agreed to request that IDPR open the Eagle Island
State Park Master Plan for the purpose of reviewing it and exploring possibilities for
developing it as a regional park. The IDPR Board approved this request in August of
2003. With active participation from partnership agencies, the IDPR will conduct a
thorough professional process to develop an alternative plan that will help address
regional recreation needs and ensure long-term sustainability for this valuable Treasure
Valley resource.
Treasure Valley Partnership and IDPR staff have attached the following proposed
strategy and timelines for this process. Please contact Elizabeth Conner or Donna
Griffin, IDPR with your input, suggestions or questions about this process. Thank You!
Eagle Island State Park Master Planning Strategy
Treasure Valley Partnership & Idaho Department of Parks and Recreation
October 2003
Proposed MOD Workgroup:
Mayor Merrill, Commissioner Lakey, Commissioner Yzaguirre, Mayor Corrie, Mayor
Dale, Mayor Nancolas and Mayor Ellis (each to represent or appoint a representative),
Mayor Glasgow and Mayor McKeever to appoint one to represent both or one
representative each), Doug Stricklin (City of Boise), Elizabeth Conner (TVP) and Donna
Griffin (IDPR).
Proposed Planning Workgroup: The Idaho Department of Parks and Recreation (IDPR)
requests that each interested member of the Treasure Valley Partnership, enter into a
Memorandum of Agreement (MOA) with the IDPR that will authorize a member of their
respective staffs to serve on a planning workgroup with the Department. The planning
effort will be designed to draw input from a broad cross section of Treasure Valley
residents into a new planning process. The input, once gathered, will be presented to the
Treasure Valley Partnership for their review and submitted to the IDPR Board for their
consideration and possible master plan modifications.
Proposed Timelines:
Fall
Nov 17
Nov & Dec
Early Jan. 2004
Mid Feb.
Late Feb.
April mtg. 2004
After TVP mtg.
Apr. or May 2004
Elizabeth and Donna to meet with City Councils and Commissions
Workgroup - Project Scoping Meeting to brainstorm and define
vision
Workgroup - meet with their individual constituents on local
needs that could potentially be addressed within the vision
Workgroup Planning Charrette - develop planning options to be
compared to the current Eagle Island Master Plan
Workgroup - host public meetings in Treasure Valley to
gather public input on planning options
Workgroup - finalize preferred option for recommendation to TVP
Workgroup proposes preferred option to TVP Board for input
Workgroup - finalize preferred option for recommendation to
IDPR Board have ready for IDPR late spring meeting
Workgroup proposes master plan concepts to IDPR Board
Proposed agenda for the First Planning Workgroup meeting:
I.
II.
III.
IV,
v.
VI.
Welcome and Introductions
Brief members about presentations
to date to the TVP and IDPR
Vision Setting - Eagle Island State Park
Schedule Planning Charrette meeting and
discuss process/agenda and goals
Next Steps
Adjourn
IDPR Director
Elizabeth and
Donna
IDPR Director
Connie Vaughn
Director
ra!;;c 1 Vl 1
Will Berg
From: Anita Overlin
Sent: Monday, October 27,20038:54 AM
To: 'Elizabeth Conner'
Cc: Will Berg
Subject: RE: Presentation on Eagle Island
Elizabeth,
You are still on the Agenda. Thanks.
MachelJe
-----Original Message-----
From: Elizabeth Conner [mailto:econner@treasurevalleypartners.org]
Sent: Monday, October 27, 2003 7:21 AM
To: Anita Overlin
Subject: Presentation on Eagle Island
AnitalMichele
I just wanted to double check to see if I am still on the calendar tomorrow evening with Donna Griffen to
do a 10 minute presentation on Eagle Island STate Park... Please let me know if anything has changed.
Thanks
Elizabeth Conner
869.7298
10/27/2003
October 24, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
Pre-Council Meeting
October 28, 2003
ITEM NO.
3
REQUEST Discussion of reopening the Master Plan on Eagle Island State Park:
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:
.~
~y.;rv
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Eagle Island State Park Brief Summary
History of Past Planning Activities
October 2003
}WCElV.ED
OCT 2 8 2003
CIrf OF l\tIERIDIAN
In November 1980, The Idaho Department of Parks and Recreation (ID PR) contracted
with Richard Carothers and Associates to create the first Master plan for Eagle Island
State Park. Between November 1980 and November 2000, the IDPRconstructed the
waterslide, swimming area, picnic areas, bathrooms, and parking areas that were called
for in the original plan.
In November of 2000, the Department contracted with Beck and Baird to work with
IDPR staff and the public to create the first update of the original November 1980 master
plan for Eagle Island State Park. Modifications recommended in the master plan
included equestrian facilities and a golf course. Since its adoption, IDPR has begun
developing the equestrian trails and trailhead facilities, which include parking, access
road improvements and hitching posts. Staff also placed a second restroom building
near the group picnic area.
Since the IDPR Board approved the Eagle Island Master Plan revision in 2000, grovvth in
western Ada County has exceeded the expectations of planners, additional golf courses
have been built in the valley, and park and recreation facilities provided to residents by
the City of Boise have reached maximum capacities. In 2002, legislation passed by the
Idaho State Legislature encouraged the Department of Parks and Recreation to enter
into agreements with local governments to meet the growing recreation needs of
Idahoans.
Following the passage of Senate Bill 1390 in 2002, the City of Eagle approached the
Department about the feasibility of transferring management of Eagle Island State Park
to the City of Eagle. While IDPR willingly entered into these discussions, the City was
unable to pursue the management transfer due to the need for ongoing financial support
and the realization that the park served a regional user base rather than just local users.
Building on the importance of addressing the need to address expanded park and
recreation needs within the Treasure Valley from a regional perspective, IDPR Director,
Rick Collignon approached the Treasure Valley Partnership (TVP) to explore their
interest in participating in a planning process that would help identify regional needs
and opportunities to best utilize the lands within Eagle Island State Park to meet some of
those regional needs.
In July 2003, the TVP unanimously agreed to request that IDPR open the Eagle Island
State Park Master Plan for the purpose of reviewing it and exploring possibilities for
developing it as a regional park. The IDPR Board approved this request in August of
2003. With active participation from partnership agencies, the IDPR will conduct a
thorough professional process to develop an alternative plan that will help address
regional recreation needs and ensure long-term sustainability for this valuable Treasure
Valley resource.
Treasure Valley Partnership and IDPR staff have attached the following proposed
strategy and timelines for this process. Please contact Elizabeth Conner or Donna
Griffin, IDPR with your input, suggestions or questions about this process, Thank You!
Eagle Island State Park Master Planning Strategy
Treasure Valley Partnership & Idaho Department of Parks and Recreation
October 2003
Proposed MOD Workgroup:
Mayor Merrill, Commissioner Lakey, Commissioner Yzaguirre, Mayor Corrie, Mayor
Dale, Mayor Nancolas and Mayor Ellis (each to represent or appoint a representative),
Mayor Glasgow and Mayor McKeever to appoint one to represent both or one
representative each), Doug Stricklin (City of Boise), Elizabeth Conner (TVP) and Donna
Griffin (IDPR).
Proposed Planning Workgroup: The Idaho Department of Parks and Recreation (IDPR)
requests that each interested member of the Treasure Valley Partnership, enter into a
Memorandum of Agreement (MOA) with the IDPR that will authorize a member of their
respective staffs to serve on a planning workgroup with the Department. The planning
effort will be designed to draw input from a broad cross section of Treasure Valley
residents into a new planning process. The input, once gathered, will be presented to the
Treasure Valley Partnership for their review and submitted to the IDPR Board for their
consideration and possible master plan modifications. '
Proposed Timelines:
Fall
Nov 17
Nov & Dee
Early Jan. 2004
Mid Feb.
Late Feb.
April mtg. 2004
After TVP mtg.
Apr. or May 2004
Elizabeth and Donna to meet with City Councils and Commissions
Workgroup - Project Scoping Meeting to brainstorm and define
vision
Worl<group - meet with their individual constituents on local
needs that could potentially be addressed within the vision
Workgroup Planning Charrette - develop planning options to be
compared to the current Eagle Island Master Plan
Workgroup - host public meetings in Treasure Valley to
gather public input on planning options
Workgroup - finalize preferred option for recommendation to TVP
Workgroup proposes preferred option to TVP Board for input
Workgroup - finalize preferred option for recommendation to
IDPR Board have ready for IDPR late spring meeting
Workgroup proposes master plan concepts to IDPR Board
Proposed agenda for the First Planning Workgroup meeting:
1.
II.
III.
IV.
v.
VI.
Welcome and Introductions
Brief members about presentations
to date to the TVP and IDPR
Vision Setting - Eagle Island State Park
Schedule Planning Charrette meeting and
discuss process/agenda and goals
Next Steps
Adjourn
IDPR Director
Elizabeth and
Donna
IDPR Director
Connie Vaughn
Director
rae,1C J. VJ. J.
Will Berg
From: Anita Overlin
Sent: Monday, October 27 f 2003 8:54 AM
To: 'Elizabeth Conner'
Cc: Will Berg
Subject: RE: Presentation on Eagle Island
Elizabeth,
You are still on the Agenda. Thanks.
Machelle
..---Original Message-----
From: Elizabeth Conner [mailto:econner@treasurevalleypartners.org]
Sent: Monday, October 27,20037:21 AM
To: Anita Overlin
Subject: Presentation on Eagle Island
AnitalMichele
I just wanted to double check to see if I am still on the calendar tomorrow evening with Donna Griffen to
do a 10 minute presentation on Eagle Island STate Park... Please let me know if anything has changed.
Thanks
Elizabeth Conner
869.7298
10/27/2003
October 24, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Finance Department
REQUEST Discussion of Finance Report:
Pre-Council Meeting
October 28,2003
ITEM NO.
4
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:
r~~&l
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian,
October 24, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
Pre-Council Meeting
October 28, 2003
ITEM NO.
5
REQUEST Executive Session per Idaho Code 67-2345(1) (b):
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:
(1]vY"'"
rJtu6
rft
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
MA VOR
Robert D. COlTie
P!;t)& fJ(;)~ JU P~'C f;Loft'{;t .:rMl.r-~!
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"ltltcTRE UR(;;V~ _ SWCi:
; . HQ3
LEGAL DEPARTMENT
(20&) 466-9272' FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898.550 [
PUBLIC WORKS
(208) 898-5500 . Fax 887-1297
BUILDING DEPARTMENT
(208) 887 -2211 . Fax 887 -1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 28,2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Discussion of reopening the Master Plan on Eagle Island State Park
- Discussion of Finance Report
- Executive Session per Idaho Code ~67-2345(1 )(b)
The Executive Session is closed to the public, however, the public is
JI;u.~ ~
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welcome to attend the remainder of the meeting.
DATED this 24th day of October, 2003.
-
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33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888.4433
City Clerk Oftlce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
1J[eaSe roc:st fWVuhlic.Y1uh'e ~ -rhMLr~S,f
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 28, 2003 at 6:00 p.m.
City Council Chambers
1. RolI..call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Discussion of reopening the Master Plan on Eagle Island State Park:
(20 minutes*)
4. Discussion of Finance Report:
(10 minutes*)
5. Executive Session per Idaho Code 67-2345(1)(b):
(20 minutes*)
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda- October 28, 2003 Page 1 of I
All materials presented at pub lic meetings shall become property of the City of Meridian.
Anyone desiJing accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Plea8e. fast!W ?u~t:..nOii~ThaJY[t:~.'
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 28,2003 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 October 7, 2003 City Council Regular Meeting:
B. Approve minutes of October 14, 2003 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 03-
019 Request for annexation and zoning of 16 acres from RUT to
R-8 zones for proposed Highgate Subdivision by Harris Homes,
LLC - 2700 North Meridian Road:
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15.68 acres in a proposed R-8 zone for proposed
Highgate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-039 Request for a Conditional Use Permit for single-family
residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed Highgate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
020 Request for annexation and zoning of 1.13 acres from R-6 to
L-O zones for proposed Office Jet Subdivision by Wardle and
Associates -1975 North Locust Grove Road:
Meridian City Council Agenda - October 28,2003 Page I of 3
All materials presented at public meetings shall become property of the City of Meridian,
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
G. Findings of Fact and Conclusions of Law for Approval: PFP
03-003 Request for Preliminary I Final Plat approval of 4 building
lots on 1.13 acres in a proposed L-O zone for proposed Office Jet
Subdivision by Wardle and Associates - 1975 North Locust Grove
Road:
H. Development Agreement: AZ 03-009 Request for annexation
and zoning of 11 acres from RUT to R-15(PD) and C-N zones for
proposed The Courtyards at Ten Mile by Doug Campbell! Tom
Bevan / DTE Developers - southeast corner of North Ten Mile
Road and West Pine Avenue:
I. Resolution No. : Authorizing the City to
become a party to the Intermountain Regional Mutual
Assistance Aqreement:
J. Finance Report:
4. Department Reports:
A. Public Works Department - Gary Smith
1. Discussion of Prioritization of Transportation
Task Force Committee Projects List:
5. (Items Moved from Consent Agenda)
6. Ordinance No. AZ 03-009 Request for
annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones
for proposed The Courtyards at Ten Mile by Doug Campbell / Tom
Bevan / DTE Developers - southeast corner of North Ten Mile Road and
West Pine Avenue:
7. FP 03-056 Request for Final Plat approval of 161 building lots and 25
other lots on 39.15 acres in a R-8(PD) zone for Trailwav Park
Subdivision by Hillview Development Corporation - east of North
Meridian Road and south of East Blue Heron Lane:
8. FP 03-057 Request for Final Plat approval of 36 building lots and 11 other
lots on 11.45 acres in a R-4 zone for Clearbrook Estates Subdivision by
R.K. Development, L.L.C. - 2675 North Meridian Road:
9. Continued Public Hearing from October 14,2003: AZ 03-018 Request
for annexation and zoning of 43.86 +/- acres from RT to C-G zones for
Kissler I Cobbs I Eagy I Ruwe by BRS Architects - southwest corner
and southeast corner of North Eagle Road and East Ustick Road:
Meridian City Council Agenda - October 28,2003 Page 2 on
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accollunodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
10. Continued Public Hearing from October 21,2003: AZ 03-015 Request
for annexation and zoning of 9.8 aqres from RUT to R-8 zones for
proposed SaQeland Planned Development by Quasar Development,
LLC - northeast corner of South Locust Grove Road and East Victory
Road:
11. Continued Public Hearing from October 21, 2003: PP 03-020 Request
for revised Preliminary Plat approval of 41 building lots and 9 other lots on
10.64 acres in a proposed R-8 zone for proposed Sageland Planned
Development by Quasar Development, LLC - northeast corner of South
Locust Grove Road and East Victory Road:
12. Continued Public Hearing from October 21, 2003: CUP 03-036
Request for Conditional Use Permit for a Planned Development with a
private neighborhood park in an R-8 zone for proposed Sa~eland
Planned Development by Quasar Development - northeast corner of
South Locust Grove Road and East Victory Road:
13. Public Hearing: Park Impact Fees Ordinance Amendments:
14. Canvassing the Votes for City General Election:
Meridian City CouncH Agenda - October 28,2003 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
/r. (
** TX!. 'IRMATlON REPORT ** AS OF OCT 24 '03.:. .'13 PAGE. 131
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIWSEC PGS CMDll STATUS
13 10/24 16'52 PUBLIC WORKS EC-S 00'24" 001 1365 OK
14 16/24.16'53 12084664405 EC-S 00'25" 001 1365 OK
15 113/24 16'54 8841159 EC--S 00'25" 0131 1365 OK
16 113/24 16' 55 2008S40'744 EC-5 e0'24" e131 e65 OK
17 10/24 16;56 POLICE DEPT EC--S 00'24" 0131 12165 OK
18 10/24 16'57 8985501 EC-S 013'24" 1301 1365 OK
19 113/24 16'5'7 LIBRARY EC--S 00'29" 001 1365 OK
20 10/24 16'58 92693776449 EC-S 130'24" 001 1365 OK
21 10/24 16: 59 208 366 6924 EC-S 013'28" 0131 065 OK
22 10/24 17'00 21388886854 EC--S 013'24" 1301 065 OK
23 11<1/24 17:02208 895 0390 EC-S 013'24" 12101 065 OK
24 10/24 1'7; 03 2138 387 6393 EC--5 00'24" 001 065 OK
25 10/24 17:04 !'lDA CTY DEVELMr (;3--5 130'41" 1301 065 OK
26 10/24 17: 05 2138 888 5052 EC-S 130'25" 1301 11\65 OK
27 113/24 17' 136 CHERRY L.ANE EC-S 12113'28" 1301 065 OK
28 113/24 17'07 POST OFFICE EC-S 00'33" 001 0GS OK
29 10/24 17'08 IDAHO ATHLETlC C EC-S 130'24" 0131 06S OK
30 Hl124 17'09 ID PRESS TR1J3Lt.lE EC--S 130'24" 001 065 OK
31 113124 17:11 20888867131 EC--S 013'24" 001 065 OK
MAYOR
Roh!lt D. CO'Tic
'Pl&ce Y~st fDy 'Pu};,U'c. tw~ct .:[hMlj:S;!
..~J"= f:f'~)
;,"r{~tt;.M<
~""~~i {"~
oU;;;di;i~~~""\
~_ ~ 10Al10. ~!
LEGAL D~PARTMENT
(208) "G6'~2n . FAX 4110.4405
PARKS &. RECREATION
(10~) &S&.3S'1'l. F." 8~8.5501
PUBLIC WORKS
(l08) S9S.SS0Q' f"" ~87,12~1
BU1UlING DEPARTMENT
(20&,Si7.2211 . f.., SSN2Y1
PLANNING .1, ZONING
(IOSi S~SS3J . Fa, S~S.6gS4
crry COUNCIl. MEMIlI!RS
TZllnmy dr: Wccrcl
WilIlam I., M. N01Y
C~CI'i< McCao,U."
1I:d10 Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 28, 2003 at 6;00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Discussion of reopening the Master Plan on Eagle ISland State Park
- Discussion of Finance Report
- Executive Session per Idaho Code S67-2345(1)(b)
The Executive Session is closed to the public, however, the pUblic is
welcome to attend the remainder of the meeting,
DATED this 24th day of October, 2003.
JlA":' 4-
WILLIAM G. BERG,
~3 EAST mAlIO AVllNUE. MERIDIAN,IDAHO 83642. (208) 888.4433
Ci,y Clerk omee Fax (208) 888,4218 . HUIl1"" Resources F;lX (2IJ8) S84-8723 . Fin.nee &, Utili')' Billing Fax (208) 887,4813
(
** TX CONF I RI... d ON REPORT **
AS OF OCT 24 '03 17:13 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
32 10/24 17:13 PUBLIC WORKS
MODE MIN/SEC PGS CMD~ STATUS
EC--S 00' 19" 001 066 OK
--------------------------------------------------~--------------~---------------~----------
?~aSe 7D~ fW?uhlicY1trh'tZ- thMLr~S.'
CITY OF MERIDIAN
PRE.COUNCIL MEETING
AGENDA
Tuesday, October 28, 2003 at 6:00 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. Discussion of reopening the Master Plan on Eagle Island State Park:
(20 minutes*)
4. Discussion of Finance Report:
(10 minutes*)
5_ Executive Session per Idaho Code 67-2345(1)(b):
(20 minutes*)
*Approximate allowable time set for agenda Item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian Cily Council Agenda - OetohC'f 28, 2003 ~ge 1 of I
^Il m~leri~l~ pfd$CIl1od al puhlio llll:clings sball bI!CCl.Il\e PI'Openy oftl1c City ufMeridiall.
Anyone dOl;irinC ""cummodtluon Cor diS,:lbi1il;cs related 10 doc:=ls and/or he.'ling5
plonsc COIllllCllhc CityClork's omc" al 888-4433 alleasr 48 hours prior 10 the public meeting,
r~
I
** TX CONFr~.MTION REPORT **
AS OF OCT 24 '03 17:32 PAGE. 01
CITY OF MERIDIAN
03
12
14
DATE TI ME TO/FROM MODE M 1 WSEC PGS
10/24 17:17 ALL AMERICAN INS EC--S 00'24" 001
10/24 17:30 UALLEY TIMES ----5 00'00" 000
10/24 17:32 CHAMBER-COMMERCE ----5 00'130" 0130
THIS DOCUMENT IS STILL IN MEMORY
CMDl:t
065
065
065
STATUS
OK
BUSY
BUSY
--------------------------------------------------------------------------------------------
MAYOR
Rohert D. COtTIC
PUClPe Y~st JiK 'Puhk'c ft,o-fiCt- -1hCVll{.~!
.~~
.:.1J .=It....
.;,~~ .:f.
p,..- ~ ;<;
f'..., ~ /' CITY or: f1~~. : "
'-/YLerzdia:n ~t~ "'\
~ IDAIIO /
-;~ /
,,~ .
. ,.r(!iu~.~~llt~ S:,.lQ!
1'm+
LEGAL DGl>",R1'MEI'IT
{20a) 466-$127 ~ . F^X 466-4405
I'ARKS &. R.flCREA'TlON
(20~ ) &88-3579 . J';x 898.550 I
PU6L.1C WORKS
(208) 698-5500 . I',,-~ N~7'1297
8UJ!..DlNG DEPARTMBNT
(208) 881-2211 . i=':lX 8&7,12;"7
PLM'lNING ,,,- ZONING
(208) SS4.553~ . F:l~ SSS.6SS4
CITY COUNCIL MEMBERS
Tammy ~ Wccrd
William L. M. Nary
ChCl'ie McCanlll"",;
Keith Birtl
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 28, 2003 at G:OO P.M. The Meridian City Council will be
discussing the following agenda items:
- Discussion of reopening the Master Plan on Eagle Island State Park
- Discussion of Finance Report
- Executive Session per Idaho Gode ~67-2345(1)(b)
The Executive Session is closed to the public. however, the public is
AA~P
welcome to attend the remainder of the meeting.
DATED this 241h day of October, 2003.
33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642. (208) 888-4433
Cily Clci1, Oillce FilX (20~) R8S-42JS . f-lum~n Resources Fax (208) 884-$723 . Fin~ncc & UtilitY Billing Pax (208) 887-4813
** COMMUNICATIONS REPORT **
TOTAL PAGES
SEND 0047
RECEIVE 0000
01
02
03
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
DATE TIME TO/FROM
10/24 17:13 2084664405
10/24 17:16 8841159
10/24 17:17 ALL AMERICAN INS
10/24 17:18 2088840744
10/24 17:20 POLICE DEPT
10/24 17:21 8985501
10/24 17:21 LIBRARY
10/24 17:24 92083776449
10/24 17:26 208 388 6924
10/24 17:27 2088886854
10/24 17:28 ALL AMERICAN INS
10/24 17:30 VALLEY TIMES
10/24 17:30 208 895 0390
10/24 17:32 CHAMBER-COMMERCE
10/24 17:33 208 387 6393
10/24 17:34 ADA CTY DEVELMT
10/24 17:35 208 888 5052
10/24 17:36 CHERRY LANE
10/24 17:37 POST OFFICE
10/24 17:38 IDAHO ATHLETIC C
10/24 17:39 ID PRESS TRIBUNE
10/24 17:40 2088886701
10/24 17:42 PUBLIC WORKS
10/24 17:44 2084664405
10/24 17:46 8841159
10/24 17:49 2088840744
10/24 17:50 POLICE DEPT
10/24 17:52 8985501
10/24 17:55 LIBRARY
10/24 17:57 92083776449
10/24 17:59 208 388 6924
10/24 18:01 VALLEY TIMES
AS OF OCT 24 '03 18:01 PAGE. 01
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
----S
EC--S
----S
EC--S
G3--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--5
----5
TOTAL TIME
CITY OF MERIDIAN
SEND 006 15' 40"
RECEIVE 00600'00"
MIN/SEC PG5
00'19" 001
00'20" 001
00'24" 001
00'20" 001
00'19" 001
00'18" 001
00'21" 001
00'19" 001
00'21" 001
00' 18" 001
00'19" 001
00'00" 000
00'19" 001
00'00" 000
00' 18" 001
00'39" 001
00'21" 001
00'22" 001
00'26" 001
00'19" 001
00'19" 001
00'19" 001
00'54" 003
00'54" 003
00'55" 003
00'55" 003
00'55" 003
00'54" 01213
01'10" 01213
00' 54" 003
01'09" 003
0121' 00" 000
CMDt!
066
066
065
066
066
056
066
066
066
066
066
065
066
065
066
066
066
066
066
066
066
066
067
067
067
067
067
067
067
067
067
066
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
BUSY
OK
BUSY
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
BUSY
,
( .
*>1< TX CON, ,,1ATI ON REPORT **
(
\
AS OF OCT 24 '03 18:01 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
23 10/24 17:42 PUBLIC WORKS
24 10/24 17:44 2084664405
2S 10/24 17:46 8841159
26 10/24 17:49 2008840744
27 10/24 17:50 POLICE DEPT
28 10/24 17:52 8985501
29 10/24 17:55 LIBRARY
30 10/24 17:57 92083776449
31 10/24 17:59 208 388 6924
MODE MIN/SEC PGS CMD~ STATUS
EC--S 00'54" 003 067 OK
EC--S 00'54" 003 067 OK
EC--S 00'55" 003 067 OK
EC--S 00'55" 003 067 OK
EC--S 00'55" 1211213 067 OK
EC--S 00'54" 003 12167 OK
EC--5 01'10" t:l03 067 OK
EC--S 00'54" 003 067 OK
EC--S 01'09" 003 12167 OK
--------------------------------------------------------------------------------------------
}1Ua.8e. ?Ust J;r ?ul?Uc.Yloh.~-ThantJs.f
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 28, 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 October 7, 2003 City Council Regular Meeting:
B. Approve minutes of October 14, 2003 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 03-
019 Request for annexation and zoning of 16 acres from RUT to
R-B zones for proposed Hlah~ate Subdivision by Harris Homes,
LLC - 2700 North Meridian Road:
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15,68 acres in a proposed R-8 zone for proposed
Hi!1haate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-039 Request for a Conditional Use Permit for single-family
residential Planned Development WITh a mix of attached and
detached housing in a proposed R-8 zone for proposed Highgate
Subdivision by Hams Homes, LLC - 2700 North Meridian Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
020 Request for annexation and zoning of 1.13 acres from R-6 to
L-O zones for proposed Office Jet Subdivision by Wardle and
Associates -1975 North Locust Grove Road:
MerldiOlll C'<yCoul1Oil Agcod. - Oo:tolx:r 28, 2003 P,,~. 1 uf 3
AU Jll.1teri,Is p""'eJll<d ,tpuhlic =Iings sMlI b",ome property oflhc Cio/ ofMoridi:Lll.
Anyone d..lring >ocomnlOd'~oD fordisobiUtics ~t<<l to doeum=w; atId1cr hC!ti"ss
pl....e ccn~Cl the CiLy Cle<~'s OlIice.l SSS-4433"t lOlL" 48 hours prior t\) the public ",eetint.
/ (....
(
** TX( [RMRT10N REPORT ** RS OF OCT 24 '133 18:01 PRGE.01
CITY OF MER[DIAN
DRTE TIME TO/FROM MODE MIN/SEC PeE CMDIl STR1l.JS
131 113/24 17:13213846644135 EC--S 1313'19" 001 1356 OK
02 10/24 i7:16 8841159 ec--s 1313'213" 001 1366 OK
04 113/24 17'1820888413744 EC--S 00' 213" 001 1366 OK
135 113/24 17:213 POLIce DEPT EC--S 130'19" 001 066 OK
06 113/24 17:21 89855131 EC--S 130'18" 001 066 OK
137 113/24 17:21 LIBRARY EC--S 130' 21" 001 1366 OK
138 113/24 17:24 921383776449 EC--S 00'19" 001 066 OK
B9 113/24 17:26 208 388 6924 EC--S 1313'21" Bel 1366 OK
10 10/24 17:27 2088886854 EC--S B13'18" 001 066 OK
11 113/24 17:28 I"LL AMERICAN INS EC--S OO'lS" 001 1366 OK
13 113/24 17:3B 2138 895 03913 EC--S 1313'19" eel 1366 OK
15 Hl/24 17:33 200 387 6393 EC--S 00' IS" 001 B6G OK
16 113/24 17:34 ADA CTY DEUELMT G3--$ 013'39" 001 1356 OK
17 10/24 17:35 208 888 51352 EC--S 00'21" 001 1366 OK
18 113/24 17:36 CHERRY LANE EC--S 013'22" 001 066 OK
19 10/24 17:37 POST OFFICE EC--S 130'26" 001 1366 OK
213 113/24 17:38 IDAHO ATHLETIC C EC--S 130'19" 001 066 OK
21 113/24 17:39 [0 PRESS TRIBUNE EC--S Be'19" 001 B66 OK
22 113/24 17: 40 2088886701 EC--S 00'19" 001 066 OK
32 113/24 18'131 UALLEY TIMES ----S 1313'00" 000 1366 BUSY
1Jua.se flcf5t fW?v.h&:c.f!oh' fl ~ fhcvnr.-S.I
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 28, 2003 at 6:00 p.m,
City Council Chambers
1. Roll-call Attendance:
_ Tammy de Weerd _ Bill Nary
Cherie McCandless _ Keith Bird
_ Mayor Robert Corrie
2. Adoption of the Agenda:
3. Discussion of reopening the Master Plan on Eagle Island State Park:
(20 minutes*)
4. Discussion of Finance Report:
(10 minutes")
5, Executive Session per Idaho Code 67-2345(1)(b):
(20 minutes*)
"Approximate allowable time set for agenda Item may change depending on
discussion. Please use the designated minutes as a guideline only_
Maidi"" CiLy Couocll Aeond. -0010001"28, 2003 P1ge J of l
All,",!,,;,I, pr.,,,,,,od>tpuhlic m<dinll" ,Lull b....... ptoJ.'UiY o(the City ofM<<idi...
Anyone dt:sirinc: Ui:~t.rmmod.''lIion (ordJ54blhtics rel2ludlD dlX-wnmtsOJlld/or he~rings
pl...,.cnnfAtlll1e City elcrlc', omce'l aU-44l3.[ loa;' 18 hou" priorlo the public m"llng.
(
"'* TX CONF I RhH (! ON REPORT **
AS OF OCT 24 '03 18:04 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
02 10/24 18: 04 CHAMBER-COMMERCE ----S 00' 00" 000 1566 BUSY
THIS DOCUMENT IS STILL 1N MEMORY
tpuaSe fld5t fP.y?uhlic.Y1ukCl- -r~r-S.I
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 28, 2003 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Tammy de Weerd
Cherie McCandless
_ Mayor Robert Corrie
_ SUI Nary
Keith Bird
2. Adoption of the Agenda:
3_ Discussion of reopening the Master Plan on Eagle Island State Park:
(20 minutes*)
4. Discussion of Finance Report:
(10 minutes*)
5. Executive Session per Idaho Code 67-2345(1)(b):
(20 minutes*)
"'Approximate allowable time set for agenda Item may change depending on
discussion. Please use the designated minutes as a guideline only_
Menlii"" City Councll Ag.cndi - Ocfohcr 28,2003 Page 1 oJ I
All mMui~ls prescnlcd $1. puhlic ma:tlng-; sb:lll b~le pmptlTY of the City of Meridian,
Anyone d=;irinl! accommockltion fordi~bililics ",IJled 10 dOCllnlrolS andlct he~lil1gs
plcn.<e eM'lllet the City Cl~k'. omce at 8SS-4433 atleasl 481l0ut'S prior to Ihepublic meethlg,
.f,,",,~._,
~/~ (
I . .,MRT I ON REPORT ** RS OF OCT 24 '0318:38 PAGE. 01
** TX CD.
CITY OF MERIDI~
DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS
01 10/24 18:02 2088666854 EC--S 00'54" 1003 067 OK
e3 10/24 18:05 ALL AMERICAN INS EC--S ee'55" 003 e67 OK
e4 10/24 lS: 06 208 895 0390 EC--S ee'54" e03 e67 OK
05 10/24 18:09 208 387 6393 EC--S 0e'54" em 067 OK
e6 le/24 18:10 ADR CTY DEUELMT G3--S 01'44" 0e3 067 OK
07 10/24 18'13208 888 5e52 EC--S 0e'56" 003 e67 OK
08 113/2418'14 CHERRY LANE EC--S 01' 113" em 067 OK
09 113/24 18:16 POST OFFICE EC--S 01'32" 003 067 OK
10 10/24 18:18 IDAHO ATHLETIC C EC--S 00'56" 003 067 OK
11 10/24 18:19 [0 PRESS TRIBUNE EC--S 00'56" 003 067 OK
12 113/24 18' 21 2088886761 EC--S 00'55" 003 067 OK
13 113/24 18:37 VALLEY TIMES ----5 ee'0e" 0013 067 BUSY
14 10/24 18:38 CHAMBER-COMMERCE ----S 00'ee" eoo 067 BUSY
THIS DOCUM...l~NT IS STILL IN MEMORY
?Uo..8e pust ~ 'H^%'c.Yl.oh'~ lhtvrtj::sf
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 28, 2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Tammy de Weerd _ Bill Nary
~ Cherie McCandless _ Keith Bird
_ Mayor Robert Corrie
2. Adoption ofthe Agenda:
3. Consent Agenda:
A. Approve minutes of October 7,2003 City Council Regular Meeting:
B. Approve minutes of October 14, 2003 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 03-
019 Request for annexation and zoning of 16 acres from RUT to
R-B zones for proposed Hlahaate Subdivision by Harris Homes,
LLC - 2700 North Meridian Road:
D. Findings of Fact and Conclusions of law for Approval: PP 03.
023 Request for Preliminary Plat approval of 74 bUilding lots and
10 other lots on 15.68 acres in a proposed R-B zone for proposed
HighQate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03.039 Request for a Conditional Use Permit for single-family
residential Planned Development with a mix of attached and
detached housing in a proposed R-B zone for proposed Hi!1hQate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
F. Findings of Fact and Conclusions of law for Approval: AZ 03-
020 Request for annexation and zoning of 1,13 acres from R-6 to
L-O :zones for proposed Office Jet Subdivision by Wardle and
Associates - 1975 North Locust Grove Road:
M<ridion City C""l1llill\ecodo - Ooto\tl;r28, 2003 I'>gol oD
,\U lll.I[eri.ls p......u.d.t pub];o ~;n!:> sIuill b<<om" propol'l)l' ofl~.CilY ofMoridi....
Anyon<: d""irlnz =mmod.>~oo for disobilili.. reIokd 10 "!O"Umtllt<lllldlor ~..rinS$
pl...... oonlO<llheChy Clod,', Offic. al 888-4433 at l<:,.'<t 4~ hnW'"l priofl. [h. pooli. .,..line.
** COMMUNICATIONS REPORT ** AS OF OCT 25 '03 05:00 PAGE. 01
CITY OF MERIDIAN
TOTAL PAGES TOTAL T I ME
SEND 0033 SEND 00011'46"
RECEIVE 0000 RECEIVE 00000'00"
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
01 10/24 18:02 2088886854 EC--S 00' 54" 003 067 OK
02 10/24 18:04 CHAMBER-COMMERCE ----S 00'00" 000 066 BUSY
03 10/24 18:05 ALL AMERICAN INS EC--S 00'55" 003 067 0[<
04 10/24 18:06 208 895 0390 EC--S 00' 54" 003 067 OK
05 10/24 18:09 208 387 6393 EC--S 00'54" 003 067 OJ(
06 10/24 18:10 ADA CTY DEVELMT G3--S 01'44" 003 067 OK
07 10/24 18:13 208 888 5052 EC--S 00' 56" 003 067 OJ(
08 10/24 18:14 CHERRY LANE EC--S 01' 10" 003 067 OK
09 10/24 18:16 POST OFFICE EC--S 01'32" 003 067 OK
10 10/24 18:18 IDAHO ATHLETIC C EC--S 00' 56" 003 067 OJ(
11 10/24 18:19 ID PRESS TRIBUNE EC--S 00'56" 003 067 OK
12 10/24 18:21 2088886701 EC--S 00' 55" 003 067 OK
13 10/24 18:37 VALLEY TIMES ----S 00' 00" 000 067 BUSY
14 10/24 18:38 CHAMBER-COMMERCE ----5 00'00" 000 067 BUSY
MAYOR
Robert D. Corrie
.:-~
~f~~:'. ,
clfe;;d/:;;<-:0~ '\
j
IDAHO iY
/y
Y
qllWE
11903
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500 . Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de WeeI'd
William L. M, Nary
Cherie McCand]ess
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 28,2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Discussion of reopening the Master Plan on Eagle Island State Park
- Discussion of Finance Report
- Executive Session per Idaho Code S67-2345(1)(b)
The Executive Session is closed to the public, however, the public is
JlA":' 4-
welcome to attend the remainder of the meeting.
DATED this 24th day of October, 2003.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433
City Clerk Office Fax (208) 888-42]8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 28, 2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
)(
X
Tammy de Weerd X
Cherie McCandless 'X
o Mayor Robert Corrie
Bill Nary
Keith, Bird
2. Adoption of the Agenda: tZ{JjOn/f/'e Cl,f etf/nePt.ded
3. Consent Agenda:
A. Approve minutes of October 7, 2003 City Council Regular Meeting:
tlfPjJl1PK
B. Approve minutes of October 14, 2003 City Council Regular
Meeting: ~ /;L€-
C. Findings of Fact and Conclusions of Law for Approval: AZ 03-
019 Request for annexation and zoning of 16 acres from RUT to
R-8 zones for proposed Hiahaate Subdivision by Harris Homes,
LLC - 2700 North Meridian Road: C6'rvl-f}'l~ f.o 1/--5"-&'3
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15.68 acres in a proposed R-8 zone for proposed
Hiahaate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road: Ct'n,:t>-ht1.-0 fo /1-:;--03
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-039 Request for a Conditional Use Permit for single-family
residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed Hiahaate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
C'crn-"i7htU: fo 11-5'-{);3
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
020 Request for annexation and zoning of 1.13 acres from R-6 to
L-Q zones for proposed Office Jet Subdivision by Wardle and
Associates - 1975 North Locust Grove Road: ~(/U?...-
Meridian City Council Agenda - October 28,2003 Page 1 00
All materials presented at public meetings shall become propel1y of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
G.
Findings of Fact and Conclusions of Law for Approval: PFP
03-003 Request for Preliminary / Final Plat approval of 4 building
lots on 1.13 acres in a proposed L-O zone for proposed Office Jet
Subdivision by Wardle and Associates - 1975 North Locust Grove
Road: O/prt?VIi?--
H.
Development Agreement: AZ 03-009 Request for annexation
and zoning of 11 acres from RUT to R-15(PD) and C-N zones for
proposed The Courtyards at Ten Mile by Doug Campbell / Tom
Bevan / DTE Developers - southeast corner of North Ten Mile
Road and West Pine Avenue: afJfJYVv-<.-
/13- A./6
Resolution No. fY '7 : Authorizing the City to
become a party to the Intermountain Regional Mutual
Assistance A~reement: ~)'lY'D v-.e....-
Finance Report: ~I/ V'<Z...-
I.
J.
4. Department Reports:
A. Public Works Department - Gary Smith
5.
1. Discussion of Prioritization of Transportation
Task Force Committee Proiects List: t:ljlp1V(/l(J af ttlhell-cti! d...-
8 ' PI U-h VI i'h ~ f .4>vt i\o'l.,q f:>epwt.fwt e""t- - Anl/!-a.. fJt7we II ,
(Items Moved from Consent Agenda) I. I)d4- Couhrfv; 4.cceff~h.~ tJ.f C;,......p. jJ/ClIt...
N/71 s-eHrt R' efl-e-.....
Ordinance No. !J 3 -I tf}f.>4- AZ 03-009 Request for
annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones
for proposed The Courtyards at Ten Mile by Doug Campbell / Tom
Bevan / DTE Developers - southeast corner of North Ten Mile Road and
West Pine Avenue: ~(f)~
FP 03-056 Request for Final Plat approval of 161 building lots and 25
other lots on 39.15 acres in a R-8(PD) zone for Trailwav Park
Subdivision by Hillview Development Corporation - east of North
Meridian Road and south of East Blue Heron Lane: ~VVZ--
FP 03-057 Request for Final Plat approval of 36 building lots and 11 other
lots on 11.45 acres in a R-4 zone for Clearbrook Estates Subdivision by
R.K. Development, L.L.C. - 2675 North Meridian Road: 6?t)?n'Vlft.-
Continued Public Hearing from October 14,2003: AZ 03-018 Request
for annexation and zoning of 43.86 +/- acres from RT to C-G zones for
Kissler I Cobbs I Ea~v I Ruwe by BRS Architects - southwest corner
and southeast corner of ~prth Eagle Road and East Ustick Road:
eo1vh hu.L j:J/ h -h:; 17- !7-P 3
Meridian City Council Agenda - October 28,2003 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabiliti es related to documents and/or heari ngs
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
6.
7.
8.
9.
11.
12.
13.
10.
Continued Public Hearing from October 21, 2003: AZ 03-015 Request
for annexation and zoning of 9.8 acres from RUT to R-8 zones for
proposed Sage land Planned Development by Quasar Development,
LLC - northeast corner of South Locust Grove Road and East Victory
Road: tfit/Vnwp Jo J1rof'tvLt' II~ flL-/.-C ,f1rr ~~
Continued Public Hearing from October 21, 2003: PP 03-020 Request
for revised Preliminary Plat approval of 41 building lots and 9 other lots on
10.64 acres in a proposed R-B zone for proposed sageland Planned
Development by Quasar Development, LLC - northeast corner of South
Locust Grove Road and East V~tory Road: /'.
allPrh~r Iv fr.ejJd/I.(. ;:1;: I cl-f 'trY apJffVva.€
Continued Public Hearing from October 21, 2003: CUP 03-036
Request for Conditional Use Permit for a Planned Development with a
private neighborhood park in an R-B zone for proposed sageland
Planned Development by Quasar Development - northeast corner of
South Locust Grove Road and East Victory Road:
.a-t ;:p-n-u!1 b fJ re/d/1..e. .,c/~ f e/-e IVr '!z-/~J7'0tra.e
Public Hearing: Park Impact Fees Ordinance Amendments:
a-f/P-rJt.e'j 10 Jh"R.-/CVtA:.. O'Yde-M.~~
Meridian City Council Agenda - October 28,2003 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian,
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting_
November 21,2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
November 25,2003
ITEM NO.
j-f3
REQUEST Approve minutes of October 28, 2003 City Council Regular Meeting:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
#v~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
MaterIals presented at public meetIngs shall become property of the CIty of Meridian.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 28,2003 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 October 7, 2003 City Council Regular Meeting:
B. Approve minutes of October 14, 2003 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 03-
019 Request for annexation and zoning of 16 acres from RUT to
R-S zones for proposed Hi~hqate Subdivision by Harris Homes,
LLC - 2700 North Meridian Road:
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15.68 acres in a proposed R-S zone for proposed
Hiqhqate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-039 Request for a Conditional Use Permit for single-family
residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed Hi~h~ate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
020 Request for annexation and zoning of 1.13 acres from R-6 to
L-O zones for proposed Office Jet Subdivision by Wardle and
Associates - 1975 North Locust Grove Road:
Meridian City Council Agenda ~ October 28, 2003 Page I or 3
All materials prcscnted at public meetings slwll become property of tile City or Meridian.
Anyone desiring accommodation for dis8bilitics re18ted to documents and/or hC8rings
please conl8cltl1e City Clcrk's Omce at 888-4433 allcast 48 hours prior to the public meeting.
G. Findings of Fact and Conclusions of Law for Approval: PFP
03-003 Request for Preliminary 1 Final Plat approval of 4 building
lots on 1.13 acres in a proposed L-O zone for proposed Office Jet
Subdivision by Wardle and Associates - 1975 North Locust Grove
Road:
H. Development Agreement: AZ 03-009 Request for annexation
and zoning of 11 acres from RUT to R-15(PD) and C-N zones for
proposed The Courtyards at Ten Mile by Doug Campbell 1 Tom
Bevan 1 DTE Developers - southeast corner of North Ten Mile
Road and West Pine Avenue:
I. Resolution No. : Authorizing the City to
become a party to the Intermountain Regional Mutual
Assistance Aqreement:
J. Finance Report:
4. Department Reports:
A. Public Works Department - Gary Smith
1. Discussion of Prioritization of Transportation
Task Force Committee Projects List:
5. (Items Moved from Consent Agenda)
6. Ordinance No. AZ 03-009 Request for
annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones
for proposed The Courtyards at Ten Mile by Doug Campbell / Jom
Bevan 1 DTE Developers - southeast corner of North Ten Mile Road and
West Pine Avenue:
7. FP 03-056 Request for Final Plat approval 0 f 1 61 building lots and 25
other lots on 39,15 acres in a R-8(PD) zone for Trailway Park
Subdivision by Hillview Development Corporation - east of North
Meridian Road and south of East Blue Heron Lane:
8. FP 03-057 Request for Final Plat approval of 36 building lots and 11 other
lots on 11.45 acres in a R-4 zone for Clearbrook Estates Subdivision by
R.K, Development, L.L.C. - 2675 North Meridian Road:
9. Continued Public Hearing from October 14,2003: AZ 03-018 Request
for annexation and zoning of 43,86 +1- acres from RT to C-G zones for
Kissler I Cobbs I Eaqy I Ruwe by B RS Arch itects - southwest corner
and southeast corner of North Eagle Road and East Ustick Road:
Meridian City Council Agenda - October 28, 2003 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Oflice at 888-4433 at least 48 hours prior to the public meeting,
10. Continued Public Hearing from October 21,2003: AZ 03-015 Request
for annexation and zoning of 9.8 acres from RUT to R-8 zones for
proposed Sa!=leland Planned Development by Quasar Development,
LLC - northeast corner of South Locust Grove Road and East Victory
Road:
11. Continued Public Hearing from October 21,2003: PP 03-020 Request
for revised Preliminary Plat approval of 41 building lots and 9 other lots on
10,64 acres in a proposed R-8 zone for proposed Saqeland Planned
Development by Quasar Development, LLC - northeast corner of South
Locust Grove Road and East Victory Road:
12. Continued Public Hearing from October 21, 2003: CUP 03-036
Request for Conditional Use Permit for a Planned Development with a
private neighborhood park in an R-8 zone for proposed Sa!=leland
Planned Development by Quasar Development - northeast corner of
South Locust Grove Road and East Victory Road:
13. Public Hearing: Park Impact Fees Ordinance Amendments:
14. Canvassing the Votes for City General Election:
Meridian City Council Agenda - October 28,2003 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation lor disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council MeetinrJ
October 28, 2003
The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M.,
Tuesday, October 28,2003, by Council President Tammy de Weerd,
Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie
McCandless.
Members Absent: Mayor Robert Corrie.
Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Gary Smith, Kenny
Bowers, Doug Strong and Dean Willis,
Item 1:
Roll-call Attendance:
Roll call.
X Tammy de Weerd X
X Cherie McCandless X
o Robert Corrie
Bill Nary
Keith Bird
De Weerd: We will go ahead and start the regular agenda for Tuesday, October 28. It's
7:15. I apologize for the delay, We will begin with roll call attendance. Mr, Berg.
Item 2:
Adoption of the Agenda:
De Weerd: Okay, Thank you. Item number two, adoption of the agenda. Are there
any changes?
Bird: Madam Chairman, we -- one thing that's been brought, Item C on the Consent
Agenda, the Findings of Facts and Conclusions of Law just got to us today. I don't know
when they got to Harris Homes or if Harris Homes got a representative here or what the
deal is, so if we need to pull that or not, I don't know.
De Weerd: Mr, Nichols?
Nichols: Madam President, Members of the Council, we had the findings prepared and
ready to go before the deadline last week, but there was a hold up on verification of the
legal descriptions from Harris Homes, which just came. It may have been just
yesterday. So, that's why they were late. I don't think the applicant's had a chance to
look at them and review them.
De Weerd: Okay, Well, would you like to pull that item and put it on the regular
agenda?
Nichols: Madam Chairman, however you --
Meridian City Council
October 28, 2003
Page 2 of 42
De Weerd: Is the applicant here? No.
Bird: Madam Chairman?
De Weerd: Mr. Bird.
Bird: I think there are three of them. Does it affect all three?
Nichols: Madam President, Members of the Council, it does somewhat affect all three.
It's just the a nnexation and zoning findings were the ones that were delayed for the
legal description. The others were not. So, those, actually, came over last week. I
would think that they have gone out and they have had a chance to look at those.
De Weerd: But we can't pass the other one --
Bird: So, anyway, we will have to either continue -- continue until next week or pull
them to the regular agenda and make them 5e, 50, and 5E and we can do that when
we do the Consent Agenda.
De Weerd: Mr. Nichols, would it be your suggestion to just continue them until next
week?
Nichols: Madam President, Members of the Council, yes.
De Weerd: Okay,
Bird: And also we need a resolution number on the authorizing the city to become a
party in the Intermountain Regional Mutual.
Berg: Sorry, Madam President. I would have had this posted, 03-416, resolution
number,
De Weerd: Okay. Thank you, Will.
Bird: Okay. With that, Madam President, I would move that we -- well, we got to take
another --
De Weerd: Mr. Bird, I think there has also been a request from our Planning and
Zoning Director to add on a department report, What's with the hat?
Powell: I can take it off, but you, in Coeur d'Alene, at the conference, you insisted that I
wear it to city one day and I thought the day before Halloween would be the only
appropriate time that I could wear the hat. So, in the spirit of Halloween, I'm wearing the
hat, but if you would like me to take it off, I would be happy to.
De Weerd: Remind me to be careful on what I say.
Meridian City Council
October 28, 2003
Page 3 of 42
Nary: I would only like it if Mr. Watson would have one, too.
De Weerd: I was thinking Mr, Smith myself. Okay. So, if we can add a department
report for our Planning and Zoning Director under four, Add a 4B. Are there any other
changes?
Bird: Yes. We had a letter -- Madam President. We had a letter from Billy Ray Strite
wanting to pull or continue the item number -- which item was that, Will?
Berg: Nine.
Bird: Nine. Yeah. The Kissler, Cobbs, Eagy, Ruwe.
De Weerd: To November 5th?
Bird: Yeah. To November 5th,
De Weerd: Okay. Okay. I would entertain a motion.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we adopt the agenda as amended.
De Weerd: Okay. Do I have a second?
Nary: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda with the
notations that Item nine has been requested to be continued to November 5th and the
continuation of Items 3C, 0 and E to next week, also on November 5th. All those in
favor say aye, Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES,
Item 3:
Consent Agenda:
A. Approve minutes of October 7,2003 City Council Regular Meeting:
B. Approve minutes of October 14, 2003 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 03-
019 Request for annexation and zoning of 16 acres from RUT to
Meridian City Council
October 28, 2003
Page 4 of 42
R-8 zones for proposed Hiqhqate Subdivision by Harris Homes,
LLC - 2700 North Meridian Road:
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15,68 acres in a proposed R-8 zone for proposed
Hiqhqate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-039 Request for a Conditional Use Permit for single-family
residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed Hiqhqate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
020 Request for annexation and zoning of 1.13 acres from R-6 to
L-Q zones for proposed Office Jet Subdivision by Wardle and
Associates - 1975 North Locust Grove Road:
G. Findings of Fact and Conclusions of Law for Approval: PFP
03-003 Request for Preliminary / Final Plat approval of 4 building
lots on 1.13 acres in a proposed L-O zone for proposed Office Jet
Subdivision by Wardle and Associates - 1975 North Locust Grove
Road:
H. Development Agreement: AZ 03-009 Request for annexation
and zoning of 11 acres from RUT to R-15 (PO) and C-N zones for
proposed The Courtyards at Ten Mile by Doug Campbell/Tom
Bevan I OTE Developers - southeast corner of North Ten Mile
Road and West Pine Avenue:
I. Resolution No. : Authorizing the City to
become a party to the Intermountain Regional Mutual
Assistance Aqreement:
J. Finance Report:
De Weerd: Item 3, Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Meridian City Council
October 28, 2003
Page 5 of 42
Bird: I would move that we approve the Consent Agenda with Items 3C, 3D, and 3E
being continued to 11/5/03 and Item I, resolution number is 03-416, and for the
president to sign and the Clerk to attest on all proper papers,
Nary: Second,
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with
Items 3C, D, and E to be continued to November 5th and notation of resolution number
for Item 1,03-416. Mr. Clerk, will you call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 4:
Department Reports:
A. Public Works Department - Gary Smith
1. Discussion of Prioritization of Transportation Task
Force Committee Projects List:
De Weerd: Thank you, Okay. Item four, Department Reports. We will start with public
works, discussion of prioritization of the Transportation Task Force Committee project
list.
Smith: Thank you, Madam President, Council Members, On September the 10th, the
Meridian Transportation Task Force Committee members met in the conference room at
Compass to discuss prioritization of our transportation projects for Meridian and the
prioritized list is as presented to you in the attached -- in the memo thatl submitted on
October the 17th. We spent about four hours, I guess, in that conference room
discussing all of the projects that we had on last year's priority list and reprioritized --
changing the priority of those items that we felt, as a committee, should be changed,
This evening in attendance to assist in answering any of your questions is Clair
Bowman from Compass and Matt Stolle, who is transportation manager for Compass. I
know there are some concerns about the prioritized -- the method of -- creating the
priority of the projects and Matt would be available to answer those questions and Clair
is here to address concerns that you may have on the Ten Mile Interchange and its
priority location.
Bird: Madam President?
De Weerd: Mr, Bird,
Bird: Gary, I got one question. Why is Locust Grove overpass still on priority? I mean
that thing is -- we have already bought -- how much right of way and stuff -- it's going. It
shouldn't be on the -- on the priority list. It's a job, as far as I'm concerned,
Meridian City Council
October 28, 2003
Page 6 of 42
Smith: Councilman Bird, understand your question and your concern and I think that
Matt is probably the person to answer that as far as the priority listing is concerned.
De Weerd: Thank you, Matt.
Stolle: Madam President, Councilman Bird. Locust Grove is still on your priority list,
because you want to insure that ITD and the other implementing agencies understand
that it's still a top priority. Although it's labeled in -- or identified in the Transportation
Improvement Program currently, there is the potential, if a high priority project came into
district three or into the area, that folks could look at what Meridian identified as the top
priorities and see that Locust Grove is not identified and slip that project back, There is
always the possibility that although it's in a five year time period, that based upon
competing priorities during the given year, it could, during the given life cycle of the
plan, it could slip, based upon the immediate needs of the community. So, you always
want to highlight what your top priorities are until they are built.
Bird: Madam President?
De Weerd: Mr. Bird,
Bird: Matt, I appreciate that and I thank you very much, but I thought the money and
everything was set from ITO, the federal-- the reason we got set back two years is
because they -- ITO went out and got federal money and it was the study that done it.
Actually, when we originally started this, we were supposed to open it this fall, the same
time as the school opened and it has gone back, So, I thought the monies were already
basically like our -- up to 1.8 million that we had guaranteed to help with, I thought that
was set aside, but, evidently, it don't happen that way, from what you're telling me.
Stolle: Madam President, Councilman Bird, to an extent you're absolutely right. If you
look at the Transportation Improvement Program, it's a five year program. The first
th ree years a re hard and fast money, 0 nce t hey a re in there, we a re feel ing pretty
comfortable about that. For the current plan, that includes 2004, 2005, and 2006.
Locust Grove overpass is identified for construction in 2007 and so there is the
possibility that -- again, as competing projects came up, it could slide. Now, there is --
additional funds are being spent to move that towards construction and the other thing
to keep in mind is that Congressional discretionary funds have been requested for that
project that it could get slipped forward significantly if, during the re-authorization
process, we get funds,
Bird: I understand and I want it kept on there, That's the number one priority. I
understand.
Nary: Madam President?
De Weerd: Mr. Nary.
Meridian City Council
October 28. 2003
Page 7 of 42
Nary: Yeah. I guess I had read -- that's the way I had read this form as well is what you
said. The reason it was on there is what I assumed and the reason the two projects that
are removed is because they actually are in the construction bidding process, they are
already actually in the process of actually beginning. I think that tells me, though, after
our discussion last week, that the Ten Mile Interchange needs to be number two.
Bird: That's -- I'm with you.
Nary: Because I don't see how we can let that be so far down on the radar, based on
everything you just said, as our concerns are is how high a priority we, as a Council,
have felt that is and for the exact same reason that you just stated. I think we have to
move that to number two.
De Weerd: I guess that would raise the question, then, as to all the landing roads,
where they fall in the priorities on this list as well,
Nary: Well, when I looked at the list, I mean, obviously, number six is already in the
process of being constructed, so it's, obviously, not done in this set pattern of one
through whatever. So, obviously, those other things are going to have to get done, but
if we don't keep the radar screen on that interchange, as much as we have heard from a
variety of other sources, especially, the fact that it's low on the priority list in regards to
the Congressional funding, it's not going to happen and I think we need to keep that as
high on the list as we reasonably can to make sure that is always the forefront to
people. Because the other things we happen, the other things are going to get done,
whether they are four, five, six, or 12, if they are a landing road and the number two is
going to get funded at some point, we are going to have to fix that and fix those other
roadways to attach, but I don't see them not happening because something else is
ahead of them, because things happen based on funding anyway. But the priority of
what we think is important I think needs to stay focused on the 1-84,
De Weerd: Do you have any comment, Matt?
Stolle: Madam President, Councilman Nary, I'm slightly at a disadvantage, because I
don't have your particular memo in front of me, However, I would say that whatever
rationale that you use for identifying Meridian's priorities, that's fine. What you want to
identify is what are the priorities for your community and submit that to Compass and
ITO and ACHO to identify where you'd like things -- what projects you'd like to be
constructed in your jurisdiction and you need to highlight that, so when they are making
their decisions on funding and the competing needs, that they can weigh that.
Bird: Madam President?
De Weerd: Mr, Bird,
Meridian City Council
October 28, 2003
Page 8 of 42
Bird: Matt, I have got a question, too, and this is something that was brought up at
Compass and I should have brought it up to you there, is why we are lumping Ten Mile
in with the Meridian and the widening of the deal. You're taking a 16 million dollar
project and making it 56 million. You go back to the 14, 16 million, which was the Black
Cat off ramp and we have got a private industry that's coming in and offered five million
dollars, that's a good chunk,
De Weerd: Ten Mile,
Bird: Ten -- oh, I'm sorry. Ten Mile. What was I saying?
De Weerd: Oh, my God, you said Black Cat.
Bird: Oh.
Nary: Strike that reference,
Bird: Strike that from the record. It's Ten Mile, I'm sorry. Anyway, It was Ten Mile and,
you know, we got a nice chunk being offered by private industry to get this thing built
right now and I think I'm like Mr. Nary, we have got to put that second on our priority list
and the widening of Meridian can't be done until you get Ten Mile. There is no way you
can close that ramp down, You know, you got to have -- that would only leave Eagle
Road to go across and the widening of the lanes you won't do until you get those two
projects done, so they could be phased, So, you know, we are talking about instead of
56 million dollars, we are talking about 14 to 16 million to do the Ten Mile i'nterchange.
Stolle: Madam President, Councilman Bird, first off, I'd just like to say Compass staff is
not saying that it's 55 million dollars, that's ITO's rationale. But I would like to let Clair
Bowman respond to that regarding the Ten Mile Interchange, if that's possible,
De Weerd: Thank you, Matt.
Bowman: For the record, I'm Clair Bowman with Compass, Madam President,
Members of the Council, the issues surrounding the Ten Mile interchange proposal are
as complex as anything we deal with in our agency. We have five separate agencies
with direct interest, plus a developer, and, for the record, the five agencies are the Ada
County Highway District, City of Meridian, Compass, Idaho Transportation Department,
and the Federal Highway Administration. The U.S. Congress sets up the planning -- the
transportation planning process inside this metropolitan area, so that there are two
distinct sets of responsibilities that happen in parallel, one by the Idaho Transportation
Department and one by the local governments, which Compass facilitates. Neither one
of us can force t he other to construct something, so we are in a situation where we
always have to negotiate. That's the basic premise of how we deal with this. The
Federal Highway Administration actually owns the rights to the access on the interstate,
so their rules about how we justify access have to come into play. The Idaho
Transportation Department in the board meeting for the Community Planning
Meridian City Council
October 28,2003
Page 9 of 42
Association last week, stated that it is their belief -- Councilman Bird, I don't think Pam
Lowe said that they all have to go simultaneously. What I think she said was that the
building of the Ten Mile Interchange, in their mind, requires that as soon as it's open
they be ready to reconstruct the Meridian interchange, so that it handled a third lane
underneath it and, then, immediately after that one is open, that the third lane be added
between the two, so that they are phased projects, but she did not feel comfortable,
from ITD's perspective, budgeting one of those, even for 16 million dollars, in the
absence of knowing where the other 30 or 40 million dollars is coming from for the other
functions to be done there. If I may, Madam Chair, I will go on to one of the questions
about what the developer's role is here that I anticipate I have heard from a couple of
you. It is clearly possible that the Ten Mile Interchange could be placed into Compass's
Transportation Improvement Program in a way that would allow the developer to
proceed with the environmental impact statement 0 r assessment. 0 ne piece 0 f that
environmental impact assessment for an interstate project -- in fact, for most of the
projects, but specifically for an interstate project, one piece of it that the Federal
Highway Administration requires is for there to be an alternatives analysis. What
alternatives exist to Ten Mile? Logically, those are Black Cat, Linder, McDermott, some
of those other section line crossings. That doesn't mean we have to give up the
investment that the City of Meridian has placed already into your sewer expansion, it
doesn't mean we have to give up the long range plan preferences that Compass has
addressed over the last five or six years. What it means is that somebody is going to
have to do an alternatives analysis, For the developer to pay for and do that is not
preferable to the Idaho Transportation Department. T hey want Compass to do that.
Compass can do the alternatives analysis with participation by the City of Meridian at
the Compass Board and regional transportation advisory committee levels and the
environmental impact statement can include it by reference, if the alternatives analysis
is done correctly, So, the discussion at last Monday's board meeting was not to give up
Ten Mile and start over again, it was to say we have alternatives analysis we need to
do, ITD has offered some funds to do that, Compass has some -- I think we will be able
to add to that to get it done well and we should be able to do that reasonably quickly.
Meanwhile, if we modify the Transportation Improvement Program, the developer can
go ahead and start that environmental impact statement with our alternatives analysis
simply to be included by reference at the point where they move forward. I hope that
addresses the question I anticipated you would be asking, Madam President.
De Weerd: I appreciate you answering a question before I asked it.
Bowman: I don't have any comments to offer.
Bird: Thank you very much.
De Weerd: Thank you, Clair.
Nary: Madam President?
De Weerd: Mr. Nary,
Meridian City Council
October 28, 2003
Page 10 of42
Nary: I think Mr, Bowman raised, you know, some very valid points, You know,
unfortunately, it always shows why people think the government never can get anything
done, because it takes five agencies to figure out what the best place to build something
that in 25 years everybody else knows it. I think because it seems like, in my
experience in our community both -- in this county, that there isn't an instruction at the
top of this list that says what criteria did we use to put it on this list, but it appears that
we have seen 0 ther projects falloff the map, it's because the perception i s that this
listing is what we think is important and sometimes it somehow got on this list, because
of funding or perception of when funding might happen or when projects could occur
and if it wasn't the priority we thought was important, it's what we thought could happen
and I think what we need to do is focus on what we think is important. You know, we
said last week and we talked about it last week that our constituents tell us all the time
what did you do to get this done and one thing we can do as a Council is we can telllTD
and the feds and the state how important we think this project is and we think it should
be number two, because after that overpass gets built, that's the next thing we think
should happen. We recognize money may be an issue, we recognize there are other
factors and 0 ther agencies that have to address it, but as a community wet hink it's
important, we think it needs to get done. How it gets done, when it gets done, we
recognize there is some other process to it, but I just can't see how we not send this list
back with that as the number two priority after the Locust Grove overpass and how
these other things fall into place after that, things will -- things will probably get done.
But I think we need to make sure that its number two.
Bird: I agree.
De Weerd: I agree. I guess it remains, then, as we look at the connecting roads to it,
where you put the Ten Mile improvements between Franklin and Ustick and that sort of
thing and, Bruce, I guess, if you can -- if you can step forward. How best can we look at
that, because we are going to do the Locust Grove overpass and Ten Mile Interchange,
you have some -- ACHD already has some of those landing roads in the work plan, in
the five year work plan, but do they need to also reflect the high priority, so that some of
these other roads need to take a lesser role. So, do we need to further modify this list?
Mills: Madam President, Council Members, Bruce Mills, and ACHD. Do you have an
extra copy that I could borrow?
Nary: Madam President, just while Bruce is looking at that, I mean in looking at those
other priorities -- I mean widen Meridian from Cherry Lane to Franklin, the sidewalk
project, that, obviously, is a little bit different, but widen Linder Road from Franklin north
to Ustick, widen Ten Mile from Franklin to Ustick -- I mean those are areas that are all
going to be impacted by the Ten Mile interchange. So I'm not sure that this is, really, a
big necessity to move them. I mean the sidewalk project is sort of in the middle there,
but it's not funded, it's not on the priority list, it's not even designed yet, I mean I think it
was just to make sure it's up there for consideration, but it's not a -- normally not an
impact fee type of project, it's going to be a piecemeal type of project anyway. But I
Meridian City Council
October 28, 2003
Page 11 of 42
mean I think those -- I mean unless there was a specific one you were talking about
moving further up, these seem to be fairly high up.
De W eerd: I guess the Linder project might need to be moved and I know t hat the
ACHD commissioners at the Compass board meeting did mention, you know, how that
would affect our priority list and how those roads would all line up and so maybe if you
can also get some further feedback from staff at ACHD on how best to do this.
Mills: I can, Madam President. I would tend to agree with Councilman Nary that I don't
think at this point, at this stage, there is really a need to reprioritize those, this list here.
Certainly, next year would be a good time to look at seeing if we wanted to move some
of those differently, but I don't think it would make a big difference this year. Ten Mile,
the construction is still out there quite a ways. That's my thoughts.
De Weerd: Okay. Just if any of these are an area that you're going to start planning or
right-of-way acquisition that might need to be moved somewhere different. I guess
those are my questions.
Mills: Okay.
De Weerd: And we don't want to send the wrong message that maybe we need to do a
little shuffling, we are willing to do that. So, just as long as that message is clear,
because we have reprioritized or we are putting Ten Mile in there, we want to make
sure everything else will align and that we are flexible that we can do what we need to
do to back up these priorities.
Mills: Okay.
De Weerd: Okay. Thank you, Bruce, So, I guess, Gary, this leaves just the one
change right now in moving up the Ten Mile Interchange,
Smith: Okay. Thank you. One of the requirements is to submit this prioritized list to
ACHD and Compass by October 31 st, so your recommendation, then, is just to move --
is to move the Ten Mile Interchange into position number two and move everything else
down accordingly?
De Weerd: Yes,
Nary: Well, Madam President, I guess are we really moving everything down? I look at
it as remove, but I guess -- oh, I see, I understand what you're saying. Never mind.
See, I think that -- do you want a motion to that?
De Weerd: Yes,
Meridian City Council
October 28, 2003
Page 12 of42
Nary: Well, I guess, then, I would move that we take what is currently on the list as
priority 13, the Ten Mile 1-84 Interchange, and move that to the current TIP as the
number two priority of project in the 2005-2009 TIP priority list.
McCandless: Second.
De Weerd: Okay. It's moved and seconded to approve the list with the addition -- or
the prioritization of Ten Mile to item number two and all those in favor say aye. Okay,
All ayes.
MOTION CARRIED: ALL AYES.
Smith: Thank you.
B. Planning and Zoning Director - Anna Powell
De Weerd: Thank you, Gary. Thank you, Clair and Matt for being here. Okay.
Department reports, Item 8, Anna.
Powell: Madam President, Members of the Council, on Thursday night I went to the
Ada County Planning and Zoning Commission hearing for their adoption of the changes
to our area city impact agreement, which included the -- having them adopt our July
2002 Comprehensive Plan and the amending resolution of 0 3-401. There were two
outstanding issues, We had a flurry of activity before. They really didn't want to adopt
03-401 and I just said, no you need to, So, they -- we finally agreed that they would do
that, but they had concerns about two areas. One was this item, which is part of -- it's I
think item four in the urban services policies of 03-401, Resolution 03-401, and their
concern is over the park impact fees. They just wanted a written letter from the City
Council that said that they -- that you all acknowledge that they would not be collecting
fees or withholding building permits until such time as there was a memorandum of
understanding between the two jurisdictions.
De Weerd: Okay,
Powell: And I have penciled out or done just a real rough draft of a letter that stated that
-- and in the next issue, which I'll get to, My highlighting doesn't show up very well. I
apologize. The second one -- there was two policies under -- actually, they are action
items until Chapter 7, Goal 1, Objective 0, and there was -- this is one of them where it
says require rural area residential development and, then, the other one said allow
residential development in rural acres and -- rural areas. Excuse me and they wanted a
definition of what rural area -- what that is. Now, I went through all that section and as
far as I can tell, the intent was that anything that was in the area of city impact, but
outside of city limits that this section of the Comprehensive Plan would apply in those
areas and, basically, if you look on this one where it says -- right after the highlighted
areas, it says that are outside the city limits, but inside the area of impact. I mean I
think it's pretty clear what it refers to, However, they would like that spelled out even
Meridian City Council
October 28, 2003
Page 13 of 42
more bluntly, so what they have agreed to is that the next time we do a text
amendment, if we would just make sure that we put a definition in that states that rural
areas are those that are outside the city limits, but inside the area of impact, then, they
would be happy with that and I think we could accommodate that by just adding that
definition to Objective D in that area. So, these were changes that staff and their
attorneys felt uncomfortable with forwarding on a recommendation for the Planning and
Zoning Commission until such time as they had assurances from the Mayor and City
Council on those two items and that's what I have tried to address in this draft letter,
Nichols: Madam President?
De Weerd: Mr, Nichols.
Nichols: Madam President, Members of the Council, I think the definition of outside the
city limits is fine, as long as you put in parenthesis not including enclaved areas,
because the concept is if they are enclaved in some fashion, even though they may
currently be used for some agricultural purpose, they are susceptible of being provided
with city services, much more so than some development that's on the edge of the area
of city impact a nd so when wet hink a bout outside 0 f the city limits, we are thinking
about something that's toward the edge of the area of city impact, not something that
may be internal, but is some enclaved, because it's a 20 acre parcel that has not yet
developed and so if we make sure that we exclude enclaves from that -- from that idea,
that way somebody doesn't come in and try to do a rural residential subdivision that's in
an enclaved area, because we haven't spelled it out accordingly that the county
approves it.
Nary: Madam President?
De Weerd: Thank you. Mr. Nary.
Nary: To add onto that, too. I think just thinking of the property that's on Locust Grove
that we have tacitly agreed to allow to stay outside the city limits, we probably want to --
I don't know it's on enclave, so I want to be sure that we are going to amend the text to
include enclaves, that we may also want to include language that says: Unless
governed by a separate agreement or something like that, so it's clear that if we have
some other agreement, that that's going to govern, not someone wanting to develop,
because we have made it -- we did make an agreement with that property that if any
part of it was going to get developed, it all would have to get annexed, but I just want to
make sure that that gets incorporated in the same fashion that Mr. Nichols is
suggesting.
Powell: Madam President, Members of the Council, we did add -- this is probably after
you had the joint meeting. As staff we did this, we hope it's okay, Most of the cities,
with their area of city impact agreement, have a provision that if the property is adjoining
the city limits, that those properties have to come a nd be refused annexation before
they can go to the county and request development. So, as in the case on the Locust
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October 28, 2003
Page 14 of 42
Grove property, he is -- he does adjoin the city limits, so that property could not develop
in the county until they came to the time city and requested -- or were denied
annexation. So, we took care of that in the -- the area of city impact agreements that
talk about what applications they can accept and under what conditions. So, that's in a
different part of the area of city impact agreement. But the enclaves, there could
conceivably be an enclave that was not touching the city limits, so I will make that
adjustment and that notation,
De Weerd: Okay. Thank you, Anna. Do you need any official action from us?
Powell: No, I do not need official action, I just needed to make sure that that was okay,
that my -- because I wasn't here during the Comprehensive Plan, sometimes I feel a
little uncomfortable just making bold statements, so I just wanted to make sure I was
correct and I will meet with their staff and, then, I will -- I do need to get a letter -- I will
just talk to Michelle about getting a letter for you all to sign.
Bird: Okay. That's what I was going to ask.
Item 5:
(Items Moved from Consent Agenda)
De Weerd: Okay. Thank you, Anna. Okay, We did not remove any items from the
Consent Agenda,
Item 6:
Ordinance No. AZ 03-009 Request for
annexation and zoning of 11 acres from RUT to R-15 (PO) and C-N zones
for proposed The Courtyards at Ten Mile by Doug Campbell I Tom
Bevan I OTE Developers - southeast corner of North Ten Mile Road and
West Pine Avenue:
De Weerd: So, we will move to Item six, Ordinance No. 03-1054, AZ 03-009, request
for annexation and zoning of 11 acres from RUT to R-15 PO and C-N zones for the
proposed The Courtyards at Ten Mile. I will ask the City Clerk to read this by title only,
Berg: Thank you, Madam President, Members of the Council. Ordinance No. 03-1054,
an ordinance finding that Anthony Garner and Tracy Garner, the owners of certain real
property generally located at the southeast corner of West Pine Avenue and North Ten
Mile Road, Meridian, Idaho, to be known as The Courtyards at Ten Mile, and which lies
contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of
Idaho, have made a request for annexation in writing to the Council that said [and be
annexed to the City of Meridian and zoning designated Medium High Density
Residential District (R-15) and Neighborhood Business District (C-N) and declaring that
said land, by proper legal description as described below, be a part of the City of
Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or
parts thereof, in conflict herewith, and directing the city engineer to add said property to
the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of
Meridian to file a certified copy of the ordinance and map of the areas to be annexed
Meridian City Council
October 28, 2003
Page 15 of 42
with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax
Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section
63-2215.
De Weerd: Thank you, Mr, Clerk. Okay, You have heard the reading of Ordinance 03-
1054 by title only, Is there anyone in the audience who would like it read in its entirety?
Thank you. Hearing none, Council?
McCandless: Madam President?
De Weerd: Mrs, McCandless.
McCandless: I move that we approve Ordinance 03-1054, request for annexation and
zoning of 11 acres from RUT to R-15 PO and C-N zones for proposed Courtyards at
Ten Mile by Doug Campbell, Tom Bevin, DTE Developers, with suspension of rules,
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1054. Mr,
Clerk, will you, please, call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea,
MOTION CARRIED: ALL AYES.
Item 7:
FP 03~056 Request for Final Plat approval of 161 building lots and 25
other lots on 39.15 acres in a R-8 (PO) zone for Trailway Park
Subdivision by Hillview Development Corporation - east of North
Meridian Road and south of East Blue Heron Lane:
De Weerd: Thank you, Okay, Item seven, request for final plat approval of 161
building lots and 25 other lots on 39.15 in an R-8 PO zone for Trailway Park Subdivision
by Hillview Development Corporation. Staff?
Powell: Madam President, excuse me, Members of the City Council, this is -- this is one
of a recently approved in-fill development, actually, for the city and we have got several
surrounding subdivisions, We have got -- that doesn't show, We have got Fothergill
Subdivision to the north, the Willows to the east, we have got the mobile home park to
the south, Bridgewood Park Subdivision over here, and then, this is the meat packing
plant and some waste ponds that are in this location, if you remember that conversation.
The final plat is in substantial compliance with the preliminary plat. The applicant's
representative is here tonight and has submitted a letter with -- stating several issues
with the staff report. So, I probably need to go through those. There is a typing error on
item number three. I think we can consider that one resolved. The applicant will need
to discuss eight with you and it's regarding the Ada County Highway District approval in
the location of -- in improvements to Blue Heron Lane, which is in the northwest corner
Meridian City Council
October 28, 2003
Page 16 of42
of the property. My arrow is not coming up, In the northwest corner of the property by
the meat packing plant. It's a substandard road currently and there is insufficient right of
way to approve it at this time. Then, on items number ten and eleven, the applicant,
when they submitted the preliminary plat, did not specify a minimum lot frontage. When
Ms. Kirkpatrick did the staff report, she put down a proposed frontage of 60 foot
minimum and 25 foot minimum for the cul-de-sac, As the final plat came through, some
of the frontages were just a tad bit less, they are 59 feet and some odd inches. They
are exactly consistent with the approved preliminary, it was just kind of a discrepancy
between what staff understood to be the minimum that they were asking for, all the
variances on our ones where there'is kind of an angled portion of the lot, so it's -- it was
not readily apparent what the proposed minimum would be. We don't have any problem
with the way -- I mean it is consistent with the approved preliminary plat, so we don't
have p articular concerns, We just wanted to point 0 ut that that's what happened. I
believe those were the only outstanding issues at this time, but I'm sure represent --
Mrs. McKay will want to speak.
De Weerd: Any questions for staff? Mr, Nichols?
Nichols: Madam President. Anna, are you saying, then, that in this letter dated October
24th that staff agrees to points 10 and 11 as contained in the applicant's letter?
Powell: Yes. I believe that the only outstanding issue from that letter would be number
eight.
Nichols: Thank you,
De Weerd: Okay. Thank you, Anna, Any questions, Council? Okay. Would the
applicant like to come forward? Please state your name and address.
McKay: Becky McKay with Engineering Solutions, 150 East Aikens, Suite B, Eagle.
De W eerd: Thank you,
McKay: As Anna indicated, We are in agreement with most of all the conditions
recommend by the staff, Item three we bolded in our comments, because I beHeve your
motion on the preliminary plat was that we would install any perimeter fencing where
there was fencing lacking, because this is an in-fill parcel and we are surrounded on
about three and a half sides with existing residential, multi-family and single family
development. Item eight deals with Blue Heron Lane. Blue Heron is right here on our
northwest boundary. The Jackson Drain comes through our site like this and, then, it
turns and goes along the adjoining property on our west boundary, ACHD struggled
with w hat to do with Blue Heron Lane. They finally determined -- and it is specified
specifically in their staff report that they wanted us to allocate right of way or dedicate
right of way and, then, trust fund for our improvements on Blue Heron, When this
property redevelops or is subdivided where ACHD can, obviously, obtain additional right
of way and get some improvements for that property owner, then, at that time they will
Meridian City Council
October 28,2003
Page 17 of 42
take that trust fund money and make the improvement. At this time it's not possible,
because this drain comes in like this and, then, goes to the north, in a kind of a
northwesterly direction. We are piping a portion of the drain on our side that we will
help facilitate Blue Heron improvements in the future, but it's this oft-site portion that is
problematic. So, we are just doing what ACHD has requested of us. Items ten and
eleven, just for clarification, the problem arises on these pie-shaped lots on these
curves, All of these lots are consistently 60 or above, When we come down on the
curve we had some that were 59 and, then, on this curve here and that's where the
problem arose. I don't know where staff got the 60. Probably looked at the fact that
most of the lots do read 60 and didn't check to curve table on these corner -- or these
curve lots and -- but I guess staff's in agreement, so -- with us, so we are okay.
De Weerd: Okay. Becky, so, then, on item number eight with the ACHD's report, have
they corrected that? Is that -- is that reflected in current findings?
McKay: Yes,
De Weerd: Okay.
McKay: It's stated clearly in their findings, which were adopted in our development
agreement, that we would trust fund for Blue Heron Lane.
De Weerd: Okay. Thank you.
McKay: Thank you.
De Weerd: Any questions, Council? Okay.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Anna, does that satisfy you, number eight -- her answer to number eight?
Powell: Yes.
Bird: [thought so. Ten and eleven you're okay with?
Powell: Yes,
Bird: How about three?
Powell: Yes,
Bird: Just want to get it all on here when we make the motion,
Meridian City Council
October 28, 2003
Page 18 of 42
De Weerd: Okay. Any discussion? I would entertain a motion.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we approve the final plat request on FP 03-056, the approval of
161 building lots and 25 other lots on 39.15 acres in an R-8 PD zone for Trailway Park
Subdivision by Hillview Development Corp., east of North Meridian Road and south of
East Blue Heron Lane, and to incorporate staff and applicant remarks and letters and
for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision
of Order.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the request for final plat
on FP 03-005. Mr. Clerk.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 8:
FP 03-057 Request for Final Plat a pproval of 36 building lots and 11
other lots on 11.45 acres in a R-4 zone for Clearbrook Estates
Subdivision by R.K. Development, L.L.C. - 2675 North Meridian Road:
De Weerd: Item eight, FP 03-057, request for final plat approval of 36 building lots and
eleven other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision. I
will open with staff comments.
Powell: Madam President, Members of the Council, this is located just off of Meridian
Road right above the Five Mile and you have recently seen this. They are coming in for
their final plat. This is consistent with the approved final plat. I mean the approved
preliminary plat. Excuse me. The applicant has indicated that he's in agreement with
the conditions, except for -- on condition number 15 regarding plat note ten, that note
needs to be deleted in its entirety. There is no development agreement for this
property. It was already zoned. They just did a straight subdivision.
De Weerd: So, Anna, you're suggesting to delete 15?
Powell: No. Just to delete the reference to plat note ten on condition number 15.
De Weerd: Okay. Okay. Any questions for staff?
Bird: I have none.
Meridian City Council
October 28. 2003
Page 19 of42
De Weerd: Does the applicant want to add any testimony? Okay. Okay. Council?
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: If we don't have no discussion, I would move we approve FP 03-057, request for
final plat approval of 36 building lots and eleven other lots on 11.45 acres in an R-4
zone for Clearbrook Estates Subdivision by RK Development, LLC, 2675 North Meridian
Road and to incorporate applicant and staff testimony and reports and for the attorney
to draw up Findings of Facts and Conclusions of Law and Decision of Order.
McCandless: Second.
De Weerd: Mr. Bird, does that include, then, the deletion in item 15?
Bird: Yes. That was one of her comments. Yes.
De Weerd: Okay.
Bird: On item 15.
De Weerd: Okay. It's been moved and seconded to approve the request for FP 03-
057. Mr. Clerk, will you call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 9:
Continued Public Hearing from October 14, 2003: AZ 03-018
Request for annexation and zoning of 43.86 +/- acres from RT to C-G
zones for Kissler I Cobbs I EaQY I Ruwe by BRS Architects - southwest
corner and southeast corner of North Eagle Road and East Ustick Road:
De Weerd: Thank you. Item number nine has been asked to be continued and I would
consider a motion.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we continue Public Hearing AZ 03-018, request for annexation and
zoning of 43.86 plus or minus acres, from RT to C-G zones for Kissler, Cobbs, Eagy,
and Ruwe, by BRS Architects to November 5th, 2003.
Nary: Second.
Meridian City Council
October 28, 2003
Page 20 of 42
De Weerd: Okay. It's been moved and seconded to continue Item number nine, the
continued Public Hearing, to November 5th on AZ 03-018. All those in favor say aye.
Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10:
Item 11:
Item 12:
Continued Public Hearing from October 21, 2003: AZ 03-015
Request for annexation and zoning of 9.8 acres from RUT to R-8 zones
for proposed SaQeland Planned Development by Quasar Development,
LLC - northeast corner of South Locust Grove Road and East Victory
Road:
Continued Public Hearing from October 21, 2003: PP 03-020
Request for revised Preliminary Plat approval of 41 building lots and 9
other lots on 10.64 acres in a proposed R-8 zone for proposed SaQeland
Planned Development by Quasar Development, LLC - northeast corner
of South Locust Grove Road and East Victory Road:
Continued Public Hearing from October 21, 2003: CUP 03-036
Request for Conditional Use Permit for a Planned Development with a
private neighborhood park in an R-8 zone for proposed SaQeland
Planned Development by Quasar Development - northeast corner of
South Locust Grove Road and East Victory Road:
De Weerd: Okay. We will open Items 10, 11, and 12, the continued Public Hearing
from October 21 st, AZ 03-015, request for annexation and zoning of 9.8 acres from
RUT to R-8 zones for the proposed Sageland Planned Development, PP 03-020,
request for a revised preliminary plat approval of 41 building lots and nine other lots on
10.64 acres in a proposed R-8 zone for the proposed Sageland Planned Development,
and CUP 03-036, the request for Conditional Use Permit for a planned development
with a private neighborhood park in an R-8 zone for proposed Sageland Planned
Development. I will start with staff comments.
Powell: Madam President, Members of the Council, as you will recall at the last
hearing, there was quite a bit of -- the property is located at Locust Grove and Victory
Road. Sorry. There was a lot of discussion regarding the -- primarily the preliminary
plat and including some mechanism to slow down traffic that may be going between
Victory Road and Locust Grove Road. The Council talked specifically about including
three landscape medians, one at each entrance and, then, one at the intersection of the
private lane. It was held over just one week. The applicant submitted a revised plat
today, which is before you, that shows speed bumps in two locations. With subsequent
conversations between the Ada County Highway District and myself and the applicant
prior -- just before the hearing, this is not the preferred approach. Typically, ACHD does
not allow speed bumps on new roads, they would prefer to see some other mechanism
of traffic calming. The Ada County Highway District has suggested that it would be
Meridian City Council
October 28, 2003
Page 21 of 42
appropriate to even just cul-de-sac this street here, thereby completely eliminating the
possibility of cut-through traffic. I talked with Chief Bowers before and given that there
are only 42 building lots or 43 building lots, he's not too concerned about that. They do
have an emergency access here, so the cul-de-sac in this location would not be -- they
could work with it and would certainly prefer it, rather than the speed bumps. They were
opposed to the speed bumps as well. So, that's an issue for the applicant to address
with you. The applicant was also going to come back with some indication on reduced
setbacks for attached garages and we have not seen that information yet. So, that's the
other outstanding issue. We did -- if there is a connection -- if they do cul-de-sac it
here, we would like to see a pedestrian and bike connection to continue down this way,
because the neighborhood center for -- or the -- there is a mixed use center in this
location -- proposed for this location in the future, so we would want to see that
pedestrian and foot traffic being able to make its way to the east. With that, I will end
staffs presentation for now.
De Weerd: Thank you, Anna. Is the applicant here? Or a representative? If you will
raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Forrey: Yes, it is.
De Weerd: Please state your name and address.
Forrey: For the record, Wayne Forrey, Pathway Planners Consulting, 1952 South Wild
Creek Way in Boise. 83709.
De Weerd: Thank you.
Forrey: Thank you, Council, for allowing us to come back and clarify two items. In my
notes there were traffic c aiming and setback issues that the Council asked us tog 0
back and evaluate and on -- maybe it's a little hard for Anna Powell to see, but on the
plat there is a setback table. It's up in the top -- maybe she can't move that drawing, but
on the top of the plat there is a little table that has all of the setbacks in it and the one
setback that we added was the rear yard setback of five feet for the detached garages
and the garages that are setback on the common drives. The other setbacks are the
same setbacks we had in ouroriginal application. ThankstoAnna Powell, because
she's right, we did not put the rear yard setback in our application and she brought that
up at the last meeting. So, we are requesting five foot rear yard setback for the
detached garages. Now, on traffic calming. On Friday, October 24th, I had some
previously scheduled meetings, so Amanda Alvaro, with Quasar Development, met with
ACHD traffic engineers and met with John Wassan and John outlined some -- what
works and what doesn't work in terms of ACHD and traffic calming. They looked at the
plat and John had mentioned that islands at the intersections were not very workable,
given the separated sidewalk and the dimensions of the street. He had mentioned that
chicanes or chokers presented some drainage problems. His preferred
recommendation was speed humps, traffic reduction speed humps, and, in fact, he
Meridian City Council
October 28, 2003
Page 22 or 42
outlined that in a letter dated October 24th, and, then, we received it by fax on Monday
and I have a copy here for the city, if you'd like.
De Weerd: If you will give that to the City Clerk. Thank you.
Forrey: In this letter he indicates that there is some difficulty with the islands, there is
some difficulty with the chicanes and, then, he -- there is kind of a key sentence and he
says: Two speed humps, one on each side of the private lane, would provide proactive
traffic calming for the neighborhood and then -- and he also talks about how to install
them and he's recommending a portable -- I mean not portable, it's not asphalt, it's
recycled tires. It's rubber, and so when ACHD wants to chip seal, a contractor can go
out and actually remove that speed hump and they can do road maintenance and, then,
reattach that to the road. So, it's a separate rubberized component that is bolted into
the roadway and that was his recommendation. So, we took that letter and thought,
well -- and our thinking was a stop sign would work at about that location of the
intersection, a three way stop, a stop to the private lane -- I will point to it here. A stop
sign here, a stop sign here, and a stop sign here. We thought a three way stop would
work, but John Wassan said, well, Wayne, what happens -- or to Amanda and I talked
to him on the phone, he said people will just ignore that. They will and look see that
there is nobody here and there is not a street over here and they will just kind of blow
through the intersection is what he said. So, we thought, all right, let's do the speed
humps. So, we drafted the plat and we are showing the two locations here for speed
humps to physically, you know, slow traffic and discourage cut through, and then,
tonight I got here a little bit early and Mr. Mills said, Wayne, have you considered maybe
eliminating an access point and he did mention maybe putting a cul-de-sac right here.
We had not considered that. You know, we went to ACHD, it was approved. Quasar
Development likes the two access points. We have been approved by ACHD and on
through the Planning and Zoning and now in front 0 f the Council. I guess if it's the
Council's desire that we re-think this, we will have to do that, but our preference would
be to install speed humps, if that's workable with other people and the Fire Department.
My children attend Borah High School and I have got to go over four or five of those five
on the way that I go off of Franklin, down Franklin Park to get to Borah and they do slow
me down and the kids, so -- but I know those are afterthoughts and this is a new
development and that's one of the points that Mr. Mills made, that this is a new
development and we typically install speed humps after there is already an existing
neighborhood problem. So, here are some issues, I guess, on how ACHD views speed
humps and Mr. Mills is here tonight, maybe he could shed some more light on it. But
Anna Powell is right, he did talk to us tonight about could we consider a cul-de-sac here.
It's a real tight location to squeeze a cul-de-sac into that location. We might be open to
looking at this, you know, but we just don't want to start over again with neighborhood
meetings and back to P and Z and back to City Council. So, here we are tonight. We
just hope the speed humps work, if that's workable with ACHD and staff and the City
Council. Be happy to answer any questions.
De Weerd: Thank you, Wayne. Do you have any questions?
Meridian City Council
October 28, 2003
Page 23 of 42
Bird: Madam President, I do.
De Weerd: Mr. Bird.
Bird: Wayne, how many -- I mean you're going to lose some lots if you go with a cul-de-
sac back there. I realize that our chief said that he had no problem with emergency
vehicles. I do have a problem with not having two entrances myself. I don't like having
a cul-de-sac back there. I know you're going to lose a couple three lots with a cul-de-
sac back there and I know that's money. Speed bumps definitely do slow traffic down.
The safety engineer from ACHD, Mr. Wassan, did you say was the one that--
Forrey: Yes. John Wassan.
Bird: -- wanted the speed bumps.
Forrey: Uh-huh.
Bird: And, Mr. Mills, he's here tonight, he can come and testify why he don't think the
speeds bumps should be there. But I have a real problem with that large of a
development on having just one entrance and exit. I would -- I think we can somehow
calm the traffic down, but I think we have got to I eave t he two entrances and exists
myself. That's my personal opinion.
De Weerd: Thank you, Mr. Bird. Mr. Nary.
Nary: I guess I'd wait for Mr. Mills.
De Weerd: Okay. Thank you.
Forrey: Thank you.
De Weerd: Well, this is a Public Hearing. I would imagine maybe if we could have Mr.
Mills come up first and -- might influence any other testimony on the two items we kept
open for public comment. Is the testimony you provide tonight the truth, the whole truth,
and nothing but the truth, so help you God?
Mills: It is.
De Weerd: Thank you.
Mills: Bruce Mills, Ada County Highway District, Garden City. I guess to answer the
questions, first of all, ACHD probably should apologize to the applicant, because,
unfortunately, even though are traffic people talked to them last week after -- or
afterwards our development people got together and a felt little bit otherwise, I guess,
so let me just put it this way. Our preferred option on this one -- the least preferred
option, if I could go backwards, would probably be the speed humps, because as was
Meridian City Council
October 28, 2003
Page 24 of 42
mentioned earlier, speed humps, really, have not been approved on new developments
in ACHD before. They have been used to mitigate existing circumstances where there
are no other options available. They are effective. They do have certain problems. I
know emergency services aren't real fans of them, though, either. So, there, really, are
two options, other than that that we see. The cul-de-sac option was just something that
our staff kicked around. We realize that you have your own requirements for maximum
number of lots and length of street that you would have to look at for that, but we just
thought that's one way to totally eliminate any cut-through traffic. That's why we
mention that as a potential option. The other one were the islands. I think medians
could still work. Obviously, you have to wow around them. lf you pulled up to your
Clearbrook Subdivision that you did earlier tonight, they were able to still put medians in
there and get enough room for the emergency vehicles to get around them. So, that is
also another option. We would prefer that over the speed bumps, I guess. So, I'll stand
for questions.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you, Bruce. Okay. Any other testimony?
Powell: Madam Chair? Or Madam President?
De Weerd: Anna.
Powell: I had not noticed the table on the corner of the plat. I do have some comments
regarding that. They have proposed a blanket rear setback of five feet. It does not
specify that that would be for -- just for detached garages. So, I think we need to make
that clear. Also, the front setback and the street side yard setback are both listed as --
it's not exactly consist with what the staff report indicated as proposed, so we just need
to work with the applicant on the 15 feet versus 20 feet for garage and it's just a bit of
word smithing, but the rear setback does need to state that it's five feet just for the
detached garages or by common drives, I believe.
De Weerd: Thank you. Wayne, would you like to wrap this up?
Forrey: Yes. Thank you. Wayne Forrey again. For the record, it would a five foot rear
yard setback for any detached garage. Not for a home or living space, but a detached
garage, if the builder chose to have a detached garage at the rear of the property and if
I need to write a letter to that effect, be happy to do that, in addition to what's in the
testimony tonight. Boy, I just hope we don't have to start over to get to this point in the
development -- you know, we started back in May of this year and I can see that a cul-
de-sac would definitely stop, you know, the interconnectivity there. In my thinking, a
stop sign would work, but I follow -- I'm afraid to blow through a stop sign myself. I'm
afraid I'd get caught and it's not the right thing to do, but I know people do jam through
there and will run a stop sign, I guess, but a speed bump is definitely going to slow
Meridian City Council
October 28, 2003
Page 25 of 42
down traffic. They will hit it once and the next time they will slow down. So, our thinking
is that would be workable. I just hope it's workable with other people. But, boy, we just
want to have to start over, having come this far, with a -- what we think is a good project
for Meridian and the neighborhood.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: So, Mr. Forrey, if I'm hearing you correctly, then, I don't think you'd have to start if
you put islands there. But if I'm hearing you saying, then, what you're plan is is not to
put any islands there, so we either like the speed humps or not?
Forrey: It's possible if I -- let me point here to answer Councilman Nary's questions. It's
possible there is room to put an island in this area here, but it's not workable at these
approached intersections. There is not enough dimension in the width here to get
enough traffic for turning movements and that was pointed out in John Wassan's letter.
Here there is a little -- it opens up, you know, because of these curve radiuses at this
intersection and you have got a micropath there, so there is a little room in there to work
with to meet ACHD design requirements. So, if the Council said we don't want speed
humps, we want is island, what we would hope that you would allow us to do is put an
island at this location. But our preference is not to put an island in, it's to use these
speed humps.
Nary: Okay. Thank you.
De Weerd: Wayne, are your lots at the minimum size, so you can't do any adjustment
on those lots to accommodate an island?
Forrey: We have a fixed point here with the pathway and we have got a fixed point with
the home right here and a fixed point with this private drive, and so it's these depths
here that we just don't have the room to adjust to keep those above minimum lot size
we desired and there is just not enough room in here. It's just a difficult design issue. It
would just be much easier in this location if we had an island.
De Weerd: Okay. Okay. Any further questions for the applicant? Okay. Thank you.
Forrey: Thank you.
De Weerd: Thank you.
Bird: Madam President?
De Weerd: Mr. Bird.
Meridian City Council
October 28, 2003
Page 26 of 42
Bird: If there is no more public testimony, before we close it, I'd like to get the other
Council's feeling on retaining speed bumps or trying the island at that location. I think,
basically, the speed bumps are at that location anyway, you're not going to slow them
down until they get there anyway and they do have a curve coming -- if they are going
to school, they would be coming off of Victory and turning right coming through there. I
would have no problem with an island if it's calmer, over the speed bumps. I, for one,
hate speed bumps, but they do do the job, let's put it that way. They do do the job, but if
an island would do it there at that one location, I would be for doing that I'd also like to
ask Mr. Forrey before -- and I should have asked him questions, but where he's got the
cul-de-sac out there, is there a chance that an island could be put there, too? That
would give us two islands to have -- you know, if we put the island there, they have got
-- you know, they have got a good, what, quarter of a mile, half a mile to pick up speed
by the time they hit Locust Grove and if we could put another island there where it goes
off, that would be two islands to kind of slow it down and we have got the corner down
on east side there as you come off of Victory that is bound to slow them down. We
might have a few wind up in somebody's yard, but that goes with the territory, you know,
of any road, but I would like to see the islands in there -- if it possibly could be done, two
of them, one at the location there with the private road, which Mr. Forrey already
testified he could do, and maybe do one down at the cul-de-sac, if possible.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: Yeah. I guess Mr. Forrey can come up and respond. I would concur that I think
that -- that's a much better solution than the speed bumps. I think speed bumps have
the same problem that the chokers do, is that they are not a very visible deterrent for
cars that are coming. People have a tendency to forget they are there, they going flying
over those things -- I agree that, eventually, people figure it out, but I think an island is a
visible obstruction that tends to slow people down and looking at the roadway of
Clearbrook that we just approved, I mean, you know, even with that -- and that's a fairly
small, pretty tight subdivision and roadway and they were able to fit those islands in the
middle and I think your solution of putting it there at the cul-de-sac and the private drive
is probably better than the entranceway and it is a portion where the roadway is wider
and that would seem to make it a better fit and would slow the traffic down.
De Weerd: Okay. Mr. Forrey, would you like to comment? We just waited until you sat
down, so --
Forrey: Thank you. Madam President, Councilman Nary, I just did a little math here
and let me show you the distance from an edge of an island here to the edge of the
island here is 221 feet So, it's not a great distance. It's 220 feet between islands. So,
I'm thinking in this -- the scale of this project, it's less than ten acres, one island ought to
work right here and it's a logical location, because of the private drive and the
micropath, so you could incorporate a crosswalk halfway through that island and, then,
Meridian City Council
October 28, 2003
Page 27 of 42
it's 221 feet to the next, you know, the intersection area and, then, just another less than
200 feet away.
Bird: So, we are not even a quarter mile at that?
Forrey: No. No. See, from this area back to Locust Grove is probably around -- I can
get you the exact -- 350 feet or so.
Bird: And another thing I just --
Forrey: It's not a large project.
Bird: -- pointed out that putting an island, Mr. Nary, on that cul-de-sac, if you look at
block -- or Lot 5, we might have trouble getting in and out with an island there, so
maybe the one island -- I didn't realize it was that close, because we don't have a scale.
Forrey: Right.
Bird: -- deal here, so -- but if it's that small, maybe the one island at the private roadway
will work, because I -- you know, it just pointed out to me that Lot 5 would -- it's going to
be major getting in and out of it if you have an island there.
Nary: True.
Bird: Where down at the private one you do have that Lot No. 11, which is a --
De Weerd: Pathway.
Bird: -- pathway. I can accept the one island. I can accept the one island if it's done
right.
Nary: Me, too.
De Weerd: Thank you.
Forrey: And we can, too. Thank you.
De Weerd: Okay. Anna, do you have any comments or anything further?
Powell: Well, I would like to point out that he's got 116 feet here and 106 feet here. His
standard lot length in this area is just 100 feet. So, there is 16 feet of length there to
play with, if the Council desires a median or landscape island in this location. He is very
tight here. He's got a hundred foot lot length in this location on both sides of the street.
I'm wondering if the Council wants to indicate some sort of minimum width to the
calming device. I mean a five foot -- if you don't have to slow down to get around it,
then, it's not much of a calming device. It's got to be wide enough that it actually gets
Meridian City Council
October 28. 2003
Page 28 of 42
people to slow down and go around them, so I'm wondering if the Council wants to give
the applicant some idea on that and I don't know if Bruce would have recommendations
on what, actually, serves as a -- to calm traffic for those islands, if there is an optimal
size.
De Weerd: Bruce, would you have a comment on that? Provide us some feedback.
Mills: Madam President, I believe this is 29 feet curb to curb. This--
Powell: It's a QO foot street section -- or 50 foot right of way, but 29 feet side of curb to
side of curb.
Mills: Is there parking on one side? I'm trying to remember what was -- that's correct.
Okay. Typically, you do want to narrow it down. You still want to -- from our standpoint,
we just want to have at least 12 feet of clear distance on one side of the island. I know
your emergency services people would want probably 20 on one side and I'm think they
are probably -- they can probably still get around on the south side of that island with a
private drive there. So, I'm not doing good on the math on the fly here, but -- which side
are you going to have your parking on? It's on the north side? Okay.
Bird: Bruce, we don't put that in the middle. Let me ask you a question. I can see the
kids coming right in and coming right out. I don't see them coming home from school
using it, because they have to cross traffic to get out and in. So, I see it being that. So,
if the north side has got the parking and stuff, and, like you said, our emergency
vehicles need a wider than what you guys require, we are going to have to -- things are
going to have to be offset, which I don't think is bad. I think if it is offset it does help.
Mills: I think it would.
Bird: It would work and do you have any -- we have -- I have no idea what width we
need to have there and I don't believe any of the other Council people have, because
we have never had this -- and you and staff has to tell us what we need for a calmer.
Mills: Yeah. To be honest, I wouldn't know off the top of my head. I would suggest you
might say something like minimum five foot, if feasible, and just make sure that we can
get something like that. Yes, you want to have something that they can see. You don't
just want to have a little two foot curb, because that's not going to do any good at all.
Bird: But a minimum of five feet.
Mills: Right. I don't know if the applicant has opportunities to wow out the curb, for
instance, on the north side or not. Maybe not. Maybe those lots are already squeezed
as much as they can be. I don't know. If they can't, then, we just have to fit what we
can within the 29 feet, recognizing that we still need to get your emergency vehicles
arou nd it.
Meridian City Council
October 28, 2003
Page 29 of 42
Bird: But the nice thing about keeping the two entries, emergency vehicles can come in
from either entry tog et to it, so that does help. They don't have tog 0 through that
calmer all the time, if they -- you know, emergency vehicles don't have to --
Mills: That's correct and I would definitely say that it's -- you know -- do I have this on?
Oh, here we go. That this would be more critical than trying to put one down here,
because here you have a stop condition, so you're not really calming the traffic at that
point.
De Weerd: And you bollards on that private drive, correct?
Bird: Yeah.
De Weerd: So, they have access in there, too.
Bird: That's right.
Mills: Sorry, that's kind of a half answer, but that's the best I can do.
Bird: With a five foot minimum is what we should require.
Mills: Yes.
Bird: If that's workable.
Mills: Correct.
Bird: Thank you, Bruce.
Powell: Madam President, Members of the Council, I guess I should have given a little
more, but if it's five feet, then, you have got two and a half feet straddling, basically, the
center line, so you're only having to adjust your travel way two and a half feet. I guess I
would recommend ten foot minimum. If you truly want it to slow down traffic, it needs to
be enough that they are physically having to slow down to make a curve. I mean,
usually, if I was designing one and I really wanted to slow down traffic, I would make it
40 to 50 feet, in all honesty. So, I think that ten feet, as a traffic calming device, is -- is
probably a minimum. A five foot landscape is our minimum for a landscape berm -- or a
landscape island, but as far as traffic goes, I think that probably needs to be a little bit
bigger to really slow people down.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Anna, you say a minimum of ten? Is that workable in there without costing them
some lots?
Meridian City Council
October 28, 2003
Page 30 of 42
Powell: Well, they have got 14 and a half feet on each side of center line fo r a travel
lane right now. If ACHD allowed 12 foot on one side, that gives them two feet to play
with on the other side, so that's 16 and a half, they still have to meet probably a 20 foot
minimum, depending on how the emergency services can get around it. So, they might
have to make up a couple feet there. So, they will have to make up ten feet, but I think
that those lots can accommodate it for a short distance in those designs. Really won't
know until somebody sat down and designed it.
Bird: How long would you recommend the calmer to be? I mean we are talking about
ten foot wide. Should it be 30 feet long or --
Powell: It doesn't have to be long, it just has to get them to slow down and go around it,
so --
Bird: It should be longer than a car length, though? Or an SUV, don't you think?
Powell: I'm not sure that that's necessary. I mean it really just -- the idea is just to get
them around and, then, I think we have a minimum size square footage area that they'd
need to meet for the landscape island, but --
Bird: Do you know what that is?
Powell: Not off the top of my head.
Bird: Okay. But you do have -- you do have some guidance --
Powell: Yes.
Bird: -- for the applicant on that. I like your ten foot. I have no problem, if we can work
this out, and I think we can.
De Weerd: I guess what could happen is we can approve the annexation and ask the
preliminary plat -- hold it over to November 5th, unless we just want staff to work out the
design standards.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: Yeah. I mean I think -- I think we have highlighted in the last ten minutes why we
usually have the applicant do this, because either we are -- either we are going to have
to have you do it or we are going to have to have you have them approve it and so -- I
mean I don't care, but it would seem to me if it's my money, I want to design it. I want to
design what I think is going to work the best and I'm going to -- you're the one that's
going to have to crunch those numbers to see whether or not it has to be offset a little
Meridian City Council
October 28, 2003
Page 31 of 42
bit, whether or not it's going to have to take a portion off of the southern properties a
little bit. Obviously, you're going to have to move some of the parking a little further
away from that island, because you can't have cars parked right up against it, because
the road won't be wide enough. But I guess if it was me, I would rather design it myself,
rather than have none of us who know what we are doing up here doing that for you, so
that we can leave it for Ms. Powell to figure out later. I mean that just doesn't seem very
fair to anybody, but --
Bird: Madam President?
De Weerd: Mr, Bird.
Bird: Mr. Nary and fellow Councilwomen, I would have no problem passing these with
the stipulation that -- I'm with Mr. Nary a hundred percent, that Mr. Forrey and his group
design it and -- the staff can buy off on it. They know what we want right now. We want
a calmer, ten foot minimum, and -- so I would have no problem passing these, so we
don't have to bring them back with us. I think that's the only thing we are questioning
and Anna is certainly capable of making sure that it's done right. j would have no
problem with that, if agreeable to the applicants.
De Weerd: Okay. Mr. Nichols.
Nichols: Madam President, Members of the Council, if you do something like that, what
would I recommend that you do, though, is that staff approve the design before we
submit the findings to you for approval. So that we have a design which can be
attached to the findings for you to review, so that that way we are not approving --
you're not approving a preliminary plat with an item left undone and if there is some sort
of disagreement between staff and the applicant, then, they have the ability to come
back before you and have you be the final arbiter of the issue, but that way it's done. I
think we'd probably only be looking at a delay of maybe a week for approval of the
findings, just in order for the applicant to be able to have a final drawing ready to go,
because, typically, we have these ready for two -- in two weeks and so, you know,
whatever length of time it takes for you to get it to staff in time for them to review and
say, yes, we like this or go back and tweak that, that would be the only additional delay,
But you wouldn't have another hearing unless you couldn't agree.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: And I would agree and what I'm understanding from you, Mr. Nichols, is when we
make the motion, we just state your comments, too, but we go ahead and pass these
three things with that stipulation on the plat -- part of the preliminary plat.
Nichols: Councilman Bird, Members of the Council, I think that's correct. Although I
think what you want to do is you want to say the target is this width, because, then, if
Meridian City Council
October 28, 2003
Page 32 of 42
the applicant presents a legitimate case to Mrs. Powell for a nine foot one and you said
it has to be ten foot, then, we could have some issues coming back. But your target
width is ten feet and, then, the applicant knows to work with that and see how they can
make that work and that's their target, but within allowances, then, Mrs. Powell would
know that she could still go ahead and approve something, even if it wasn't exactly ten
feet.
Bird: Great. Okay. Agreed.
De Weerd: Thank you, Mr. Nichols. Okay. Any further discussion? I would entertain a
motion to close the Public Hearing.
McCandless: So moved.
Nary: Second.
De Weerd: It's been moved and seconded to close the public hearings on Items 10, 11,
and 12. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Who dares try this?
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I'll try the first one. The zoning and annexation.
De W eerd : You got the easy part.
Nary: Cheater.
Bird: Yeah. We are going down the line. Guess who's next. I would move that we
approve AZ 03-015, request for annexation and zoning of 9.8 acres from RUT to R-8
zones for the proposed Sageland Planned Development by Quasar Development, LLC,
northeast corner of South Locust Grove Road and east Victory Road and to incorporate
staff, applicant, and public testimony and for the attorney to draw up the Findings of
Facts and Conclusions of Law and Decision of Order.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve AZ 03-015. Mr. Clerk.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
Meridian City Council
October 28, 2003
Page 33 of 42
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Okay. Item 11.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I move the approval of PP 03-020, the request for a revised preliminary plat
approval of 41 building lots and nine other lots on 10.64 acres in a proposed R-8 zone
for the proposed Sageland Planned Development by Quasar Development at the
northeast corner of South Locust Grove and East Victory Road, to include all staff
comments, comments of the applicant, with the amendments on the plat to reflect that
the rear yard setback will be noted on the plat, was for detached garages, that the
roadway will contain a traffic calming island at the intersection of the private drive and
the main roadway of Sagemoor Drive, The design to be approved by the Planning and
Zoning Department, with a target of a ten foot traffic calming island in approximately that
intersection, the final design to be approved prior to the approval of the Findings of
Facts and Conclusions of Law. I think that was it. For counsel to prepare those
Findings of Facts and Conclusions of Law after that approval.
Powell: Madam President?
Bird: Second.
De Weerd: Okay. It's been moved and seconded. Anna.
Powell: Madam President, I believe the setback actually goes with the PD.
Nary: Oh. I'm sorry. Okay. Well, I thought we wanted it on the plat as well, though.
We had -- I guess because it's written on the plat. I don't know if we wanted it on both,
as a plat note, as well as in the --
Powell: Brad and I have -- Brad Watson and I have been trying to move away from
having notes on the plat that are -- the Ada County surveyor calls them planner notes.
We have been trying to record those as a separate document. We are attaching them
to the final plats for the purposes of the Building Department, but we are moving away
from having to require those notes on the face of the plat. The Ada County surveyor
has been making things difficult in that regard and we are just trying to move away from
that.
Nary: Madam President, did you want them to take off that table entirely, then?
Powell: Yes. It would not be on the final plat.
Meridian City Council
October 28, 2003
Page 34 of 42
Nary: Okay. Then, with Mrs. Powell's recommendation, I guess we will include that as
part of the CUP application and not the plat. That's fine.
Bird: Before the second agrees to it, I got something that I want to say.
De Weerd: Does the second agree?
Bird: Does the motion agree? I'm the second. This is taking off the plat has cost the
City of Meridian bucks. I want everything -- I personally -- and the Council has stated
this -- want to see these notes on the plat. I don't care what Ada County says. Every
other plat you get -- you go to Boise City and everything is listed on the plats. If there
are any exceptions or anything else, they are listed on the plats. We have had -- we
have had -- in my six years here we have two or three lawsuits that we have lost
because stuff was on the plats and I think it has to be on the CUP, plus, it has to be on
the preliminary plat and the final plat, these notes. I don't want to attach things,
because when a person goes down there to get their lot thing, they get a copy, but they
don't get a copy of this attached sheet, they get a copy of the plat and I want those
notes right on the plat, because I don't want it to cost the city anymore and we have
been through this. So, I think it has to be both on the final plat or preliminary plat, final
plat, a nd the CUP. So, that's my opinion and I'm n at legal or anything else, I don't
know, but --
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: Mrs. Powell or Mr. Watson, I mean is really all they have expressed to us at this
juncture is a preference to not have those types of notes on the plat?
Powell: We have -- I can certainly come back to you with this issue. I mean I don't if we
are going to resolve it tonight, it sounds like. They have been slowly cranking down
consecutively on more and more notes as they go through. If this is a big concern of
the Council, though, this is -- I asked the county surveyor to kind of have a meeting with
the various City Engineers and Planning Directors to discuss this. I have not seen a
meeting scheduled. He indicated that he would willing to do that. So, we have just
been incrementally having more difficulties with plat notes as time goes on. We have
also had problems on the part of the city, such as Observation Point, where we had plat
notes with regard to minimum house size and other things that, from the city's
standpoint, it's required a lot of additional hearings. That was part of the reason we
moved away from it, but, clearly, we need to come and talk to you all and I'm sorry that
we hadn't done that yet. So, I didn't mean to open a can of worms tonight,
Commissioner Bird. Sorry about that.
Nary: Madam President, I guess, then, I would reiterate on my motion, then, that since
we don't have some final declsion from the county, that on this preliminary plat that we
include the table that's already been there and a note that includes that the five foot rear
Meridian City Council
October 28, 2003
Page 35 of 42
yard setback is in relation to the detached garages and that we leave it as we originally
stated.
Bird: And the second agrees.
De Weerd: Thank you. Okay. It's been moved and seconded to approve PP 03-020,
with special notation on the plat notes and the island. I will ask the City Clerk to call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Okay. Item 12.
Bird: It's Cherie's turn.
De Weerd: Mrs. McCandless.
McCandless: I move t hat we approve the CUP 03-036, request for Conditional Use
Permit for a planned development with a private neighborhood park in an R-8 zone for
Sageland Planned Development by Quasar Development and to incorporate all staff
comments and to have the attorney draw up the proper papers.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve CUP 03-036. Is there any
further discussion? Okay. Mr. Clerk, will you call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 13:
Public Hearing: Park Impact Fees Ordinance Amendments:
De Weerd: Thank you. Okay. Item number 13 is a Public Hearing, Park Impact Fees
Ordinance A mendments. I will 0 pen this Public Hearing with staff comments by M r.
Strong.
Strong: Madam President, President, Members of the Council, we are preparing a short
Powerpoint presentation and I have invited one of our Parks and Recreation
Commissioners to come and present this particular item tonight, Mr. Jim Keller, who has
been involved on the impact fee committee since its inception and is very familiar with
this issue and he will go through the Powerpoint and stand for questions. So, Mr. Jim
Keller.
Meridian City Council
October 28. 2003
Page 36 of 42
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Keller: Yes.
De Weerd: Thank you, Jim. Please state your name and address.
Keller: Jim Keller. 587 East Kingsford Drive, Meridian, Idaho.
De Weerd: Thank you.
Keller: It's a privilege to be here, Madam President and Council Members. l've served,
as indicated, on the P arks and Recreation Commission for a number years a nd just
completed our service with the parks impact fee committee and we are here to present
our recommendations, which many of you have already seen, so we will try to be quick
with our presentation, but we thought we'd give you a little history, so if we could have
the next slide, we'd just like to show you the steps that have been taken in 1996 with the
original impact fee ordinance where the fee was recommended and adopted. There
have been no changes in that fee or ordinance since then and in May of 2002 an eight
member impact fee committee was established and that committee -- if I can get this to
stay on. I guess you have to leave it pressed, don't you. That committee was
organized and met numerous times. We had really good involvement from the BCA and
the realtors in this process. Mark Estess and John Eaton were involved in most of the
meetings and gave good input. After that review was several meetings and discussions
and calculations, then, we made a recommendation in November of 2000 and, then, the
City Finance Department, the Parks and Rec group, and the City Attorney, went through
the ordinance, made some adjustments to our fee calculations and, then, we had our
final impact fee committee, then, in June here of 2003 of this year and, then, we
received recommendation to the Council -- or we made recommendation to the Council
and we also, then, received support from the final fee from the realtors and BCA. So,
now if you will flip to the next chart, then, this is the -- in the -- for developing an impact
fee for the parks, we are limited to the dollar amount that is presently being expended
for a thousand people for parks and so what we have done, then, is for both community
parks and neighborhood parks -- a community park is a park that's in the neighborhood
of 18 acres or more. Neighborhood parks are smaller parks, in the range of six to ten
acres or so. So, we added up all of the acres and if you can look right here, this is the
number of acres of parks that we have developed today, but 40,000 people. So, the
standard or the level of service is about 2.62 acres per thousand people and so we are
limited to the cost associated with that 2.6 acres and we can't level an assessment any
more than that, at a cost of about 95,000 dollars per acre. We, then, calculated what is
called, then, the park development cost per person, which ends up to be 248,000
dollars. You multiply that times the number of people that live in a single-family dwelling
unit of 2.93. That calculates, then, to an impact fee for a single family for community
parks of 728 dollars per home. For a multi-family -- there is not quite that many people
in a multi-family dwelling unit, so you multiply that times the per person and you get,
then, 663 dollars for the multi-family impact fee that could be levied for the park -- for
Meridian City Council
October 28, 2003
Page 37 of 42
the community parks. Now, we have neighborhood parks, so we can add an element
onto that fee from the neighborhood parks and so we have, basically -- presently, this
many acres, 11 acres, of neighborhood parks that we have developed and the realtors
and BCA allowed us, then, also, to claim acreage for land that we purchased, but not
developed, as long as we only claimed 26 percent, which is the percent of the total cost
for the purchase of the land only. So, you calculate that, that leaves us an equivalent
5.83 acres, total, then, of 17 acres of neighborhood parks. You go through the same
procedure now to come up with a dollar amount of developing parks. That would be for
the 4.43. For 1,000 people it gives us $40.48 per person, multiplying that, here again,
by the number of people per single-family dwelling unit, you get the 120. For the
number of people here for a multi-family, you, then, get the 200 -- or the 109 dollars.
So, now, you take both of those components and add them together and that's the level
that we could apply, as long as all of the parks were developed using the impact fees.
But the city is allocating money from the general fund and from taxes, so we have to
deduct that portion that is being paid already by the citizens through taxation from the
impact fee. So, those numbers, then, relate to the proportionate share, which relates to
the amount of taxes that are levied. A typical residence is about 166,000 dollars, minus
the 50,000 dollar deduction. The average taxable house value, then, is 116,000 times
your levy is the 345 and eleven percent of the revenue over the last five years that has
been used to develop the parks has come from taxes. So, we have to subtract the 11
percent off, so you take eleven percent times this number and that gives you $39.38.
So, we have to take the original number, less that number, plus, we have to subtract out
any money that's come from general funds. The Council has decided that they are
going to take about 20 percent match and that 20 percent match, then, from the general
fund is 20 percent of this number or these numbers. So, you subtract those numbers off
and, then, we are able to add an administration fee and that was suggested by BCA that
we add an administration fee back on. So, if we will go to the next sheet, we can, then,
see that that's blank. But it will appear here. This is the total development cost, if you
recall, less the proportionate share that we talked about, then, less the general fund
proportionate share, adding the administration cost back on, then, gives us a
recommended dollar amount that we are going to recommend for the impact fee and so
you take all of those numbers, subtract, subtract, add, and you get, then, the 667 for
single family. Subtract and subtract, add, and you get, then, the 607 and the impact fee
recommendation for the multi-family. Now, then, what impact does that mean? The old
fees were 400 here, 481. The new fee we are recommending is 667, or an increase of
185 dollars. The multi-family, 370, 607, or 236 dollars as the recommended increase.
We are also, in addition to this, we are going to recommend that -- that the City Council
and the Parks and Recreation Commission, review this at least every two years for the
need to maybe increase, decrease, or whatever and we have support to do that from,
both the realtors and BCA and they would like to be involved as we review that. So, any
particular questions about the recommendations on impact fees?
De Weerd: Jim, only a comment that you took a very complex formula and made some
sense of it. I know that this committee has been working a long time to bring this
recommendation forward. There is that hat again, and I sure appreciate all the effort. I
know this hasn't been a simple task.
Meridian City Council
October 28, 2003
Page 38 of 42
Keller: Well, it's been a very interesting and fun one, so --
De Weerd: An engineer. Remember, he's an engineer.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Jim, I like your idea of -- and, definitely, I don't know how we can -- whether we
can put it - - I'll ask this toM r. Nichols, t he idea 0 f every two years reviewing these,
because, you know, you look up at the additional cost and impact fees and divide that
by the seven years that that's been in effect, it hasn't been very much. It seems like a
lot right now, because we went seven years without reviewing it.
Keller: Forty bucks a year.
Bird: You know, so -- but is there a way we can put that in the ordinance, Mr. Nichols?
You know, kind of like the audit ordinance, that that has to be done by January 20th of
every year? Is there some way we can do --
Nichols: Councilman Bird, Madam President, Members of the Council. One of the
delays in getting you this project this far was to try to get a lot of the work done, so that
when the impact fee committee meets again, that they can focus on the -- basically the
numbers that plug into these formulas. What's the cost of per acre to acquire the land?
What's the cost per acre to develop the land? What's the level of park space --
neighborhood parks per thousand, community parks per thousand? And so the Finance
Department worked closely with the committee to try to come up with these things in a
type of formula, so it would be easier to do that next time, and as far as every two years,
I don't think you put it in the ordinance as such, it's a requirement under the state statute
that you come back and review these numbers on a -- you know, on a frequent basis.
Two years -- actually, this coming February is going to be about two years sense these
numbers were put into play, in terms of the basis for them. So, we are almost on track
to do it again. But, again, I don't know that you have to have it in the ordinance as such,
it just needs to be a priority for the Mayor and Council to make sure that the impact fee
advisory committee is appointed and that they are given their charge. The
administrative fee that's on there -- originally, we had a ten percent surcharge for
administrative fee, which didn't fit the statute, and BCA and the realtors were quick to
point that one out, and so that administrative fee is, really, almost a trust fund to go
toward revisions or relooking at the capital improvements plan, because that -- that's
another key component that we had to have before we could finish this impact fee work
and so your recent efforts to get that finished allowed us to be to this point. That was a
long answer -- that was a lawyer-like answer to how often you can review it.
Bird: And Nary is sitting there grinning all the time.
Meridian City Council
October 28, 2003
Page 39 of 42
Keller: If I might just add one other comment. Really, the impact fee is set up with a
goal in mind over the next six years to raise our level of service from 2.69 acres per
thousand people to four. So, that's the goal and projects are set up with some joint
ventures with a number of other groups. Hopefully, by the end of six years we will be at
four and that's the -- basically, that's the strategic plan.
De Weerd: Now, Jim, our commitment, then, to the development community on
matching impact fees is the 20 percent?
Keller: Yes.
De Weerd: Okay. Thank you.
Nichols: Madam President?
De Weerd: Mr. Nichols.
Nichols: Yeah. Madam President, that's another factor that can go into this formulation
of the impact fee is what is the projected match, because if circumstances were such
that the city was able to increase that funding, then, that goes into the impact fee
calculations. If the city can't hit that 20 percent number, then, that goes into the
calculations, too. So, that's a nother reason to revisit this thing is to make sure that
those assumptions are correct.
De Weerd: Thank you. Boy, you laid great groundwork to make it even easier to keep
it up to date. This is a Public Hearing. Is there anyone else who would like to testify on
this item? Okay. Mr. Strong, is there anything you would like to add?
Strong: I'd just like to thank Jim for his work on this project. It's been a very complex
issue. It's certainly something when I came to the city in March that I was not informed
on at all, so it's been very helpful to have people with Jim's experience and
understanding of these issues to carry forward, so I really appreciate his work on behalf
of the commission and the city, so --
De Weerd: Thank you
Strong: -- I think we are ready to move ahead.
De Weerd: Mr. Keller, I would echo or -- echo. I would like to emphasize what Mr.
Strong has just said. You know, this work has been a long time in coming and
appreciate all your efforts. Certainly, it's been something, since I have been 0 n the
commission, that we have been trying to assure happen and bringing all the parties
together to come to the agreement, that's a major -- a major step forward. So, thank
you very much.
Nary: Madam President?
Meridian City Council
October 28, 2003
Page 40 of 42
De Weerd: Mr. Nary.
Nary: In addition to that, I would also agree with w hat you said, Mr. Keller certainly
made it much more understandable than I think it really is, so I really appreciate that
and I also, while we are giving thanks, I also want to thank Mr. Nichols. We changed --
the statute changed in the middle of this process, too, so this not the easiest legal
process to get through, either, and I thinks his help has been invaluable in getting this
done and I appreciate that.
De Weerd: Okay. I guess one final comment is we want to make sure that as our
Comprehensive Plan has been finally adopted by the county, that we do get a letter out
asking them to collect impact fees in our area of impact and recognize that, now that we
have our capital improvement plan and this in hand, it should expedite that request.
Nichols: Madam President?
De Weerd: Mr. Nichols.
Nichols: Madam President, we will present to you at a future Council meeting the actual
resolution to -- or the ordinance itself, which adopts the fees, and, then, a copy of the
ordinance can be presented to the county in connection with that area of impact
agreement issue.
De Weerd: Okay. Thank you. Okay. The Public Hearing is still open. Oh. Anna.
Powell: Madam President, Members of Council, I think that Ada County is looking for a
specific memorandum of understanding or a memorandum of agreement and it may be
because they -- it could be just a question of whether or not you want them to collect the
fees or if we are going to collect the fees and, then, they will issue the building permits.
So, that it might be something we need to clarify before I send this letter over there,
because I think with ACHD I think they went through a memorandum process, as I
understand it. But they collect the ACHD fees at the time of issuing the building permit.
Nichols: Madam President?
De Weerd: Mr. Nichols.
Nichols: Madam President, it's my understanding Boise -- that somehow or another
Boise City a I ready gets park impact fees in its a rea 0 f impact, sow hatever t hey a re
doing in Boise City, we can piggy back on the same sort of agreement or joint ordinance
or however they do it. So, we can use that same mechanism.
Powell: I will find out what that process is, run it by Mr. Nichols, and include that in the
letter that we send for your signature.
Meridian City Council
October 28,2003
Page 41 of 42
De Weerd: Thank you. Okay. Is there any other further discussion? Testimony?
Okay. I would entertain a motion close this Public Hearing.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move we close the Public Hearing on parks -- Park Impact Fees Ordinance
Amendment.
Nary: Second.
De Weerd: Okay, It's been moved and seconded to close the Public Hearing on Item
13. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we get the ordinance written -- I believe it already has been
written, is that -- get that done and bring it forward to us and get it published and get her
done. Going.
De Weerd: Okay. What was that?
Bird: I move that we get the amendment wrote up in the ordinance and get it -- get it
In --
Nary: Second.
De Weerd: Okay. It's been moved and seconded to ask the attorney to draw up the
formal ordinance to adopt the park impact fees. Mr. Clerk, we will call roll on this.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. It has been requested that we have an executive session.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we go into executive session as per Idaho Code 67-2345 (c).
Meridian City Council
October 28, 2003
Page 42 of 42
Nary: Second.
De Weerd: It's been moved and seconded to adjourn into executive session. Mr. Clerk.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea,
De Weerd: It has been requested that we have an executive session.
Bird: Madam President. [move we go into executive session and ask for Idaho Code
67 -2345 (1) (c).
Nary: Second.
De Weerd: It's been moved and seconded to adjourn into executive session. Mr. Clerk.
Roll Call: Bird, yea; Nary, yea; McCandless, yea; De Weerd, yea.
MOTION CARRIED: ALL AYES.
ENTER EXECUTIVE SESSION.
De Weerd: Mr. Bird.
Bird: I move we come out of executive session.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to come out of executive session.
Please note on record that no decisions were made. All those in favor say aye. All
ayes, motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: I would entertain a motion to adjourn this meeting.
McCandless: So moved.
Nary: Second.
De Weerd: It's been moved and seconded to adjourn the meeting. All those in favor
say aye. Meeting adjourned at 9:50.
MEETING ADJOURNED AT 9:50 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
Meridian City Council
October 28, 2003
Page 43 of 42
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** TX CONF 1 RMt-., iON REPORT **
(
AS OF OCT 29 '133 113:29 PAGE. 01
CITY OF MERIDIAN
--------------------------------------------------------------------------------------------
DATE TIME TO~FROM
133 lQV29 113: 28 2088886854
MODE MIN/SEC PGS CMD~ STATUS
EC--S 00'58" 0133 131 OK
CITY OF MERIDIAN
-
~
CITY COUNCIL REGULAR. MEETING
AGENDA
Tuesday, October 28, 2003 at 7:00 p.m.
City' Council Chambers
1. Roll-call Attendance~
-K- Tammy de Weerd 3- Bm Nary
~ Cherie McCandless ~ Keith Bird
~ Mayor Robert Corrie
2. Adoption of the Agenda: appY"oll'e a.,f ~me~d.
3. Consent Agenda;
A. Approve minutes of October 7, 2003 City Council Regular Meeting:
tlflj7719VlL
B. Approve minutes of October 14, 2Q03 City Council Regular
Meeting: t2f/h'i' I/.R.-
C. Findings of Fact and Conclusions of Law for Approval: AZ 03.
019 Request for annexation and zoning of 16 acres from RUT to
R-8 zones for proposed Highgate Subdivision by Harris Homes.
LLC - 2700 North Meridian Road: ct:WYftn~ f.o /1-fj}-tJ 3
D. Findings of Fact and Conclusions of Law for Approval: PP 03.
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15.68 acres in a proposed R-8 zone for proposed
Hiah~ate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road: C,::7h-Phl1,..(; fo I/-f?-CJ~
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-039 Request for a Conditional Use Permit for single-family
residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed HiQhaate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
C'crn.-"f?h""-<. -10 11-5'- t? :3
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
020 Request for annexation and zoning of 1.13 acres from R--6 to
L-O zones for proposed Office Jet Subdivision by Wardle and
Associates - 1975 North Locust Grove Road: o/pV1R-
Meridian CilY Cwncil A,(!:end3 October 28. 2003 P~ec l on
All mnlcrial. prCIIC:l\lOO &1 public mcetings sh<lll become: l'mj)clty Qf rue City of M<:rlmart
Anyone d<!Siriilg: ilj;<;Ommod3~Dn mrdiS;ibililies re!:lred \Q dacumC:>l1ll and/or bcaring~
please coll1:lct the: CltyClcrk's Office: 31 88$-4433 ,,11=148 00"'" priono tbo! public mccling,
** rx;" 'IRMATION REPORT "''''
(~
AS OF OCT 29 'a:).. ,-44 PAGE. 131
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS
eJ? 113/29 13:8938101613 EC-S 01'39" 1303 136 OK
08 113/29'13:11 PUBLIC WORKS EC--S 0e'59" 13133 136 OK
139 113/29 13: 12 1213646544135 EC--5 131'00" 13133 136 OK
113 1131'29 13: 14 8841159 EC-S 01 0 00" (1133 136 OK
11 113/29 13: 16 2008846744 EC--S 131'00" 0133 136 OK
12 1131'29 13:17 POLlCE DEPT EC--S 013'59" 003 136 OK
13 1Iill'29 13: 19 89855131 EC--s 00'59" 003 136 OK
14 113/29 13:213 LIBRARY EC--s 01018" 603 136 OK
15 101'29 13:22 921363776449 EC--s 06'59" 003 13& OK
16 1131'29 13: 23 208 388 6924 EC--s 131' 17" 1303 136 OK
17 101'29 13:25 2eeeee6Ss4 EC--s 013'59" 1303 136 OK
18 113/29 13:26 2tl8 895 03913 EC--s 31'00" 1303 136 OK
19 1131'29 13:28 Laur'el EC--S 131'00" (1133 136 OK
20 131'29 13: 313 2tl8 387 6393 EC--S tl3' 59" 0133 136 OK
21 131'29 13:31 ADA CTY DEUELMT G3--5 1211'44" 1303 136 OK
22 lE11'29 13:34 208 8SS 512152 EC-5 Cl'E11" 003 136 OK
23 lE1/29 13:35 CHERRY LANE EC-S 131'17" (103 136 OK
24 lE11'29 13:3'7 POST OFFICE EC--s 01'43" 0133 136 OK
25 113/29 13:39 IDAHO ATHLETIC C EC--S eEl'59" 003 136 OK
26 11,V29 13:41 10 PRESS TRIBUNE EC--s 013'59" 13133 136 OK
27 101'29 13:43 21388885701 EC--s 0100e" 11103 136 OK
--------------------~---------~--------------------------------------~---------------------
CITY OF MERIDIAN
~
CITY COUNCIL REGUl.AR MEETING
AGENDA
Tuesday, October 28,2003 at 7:00 p.m,
City'Council Chambers
1. Roll-call Attendance:
-K- Tammy de Weerd -....L Sill Nary
~ Cherie McCandless ~ Keith Bird
-12- Mayor Robert Corrie
2. Adoption of the Agenda: t!lfflrPV'e. tr..f' <m~d.
3. Consent Agenda:
A. Approve minutes of October 7, 2003 City Council Regular Meeting:
dpf7W~
B. Approve minutes of October 14, 2003 City Council Regular
Meeting: t2fJJrP /;U?-
C. Findings of Fact and Conclusions of Law for Approval: AZ 03-
019 Request for annexation and zoning of 16 acres from RUT to
R-B ZOnes for proposed Hinhqate SubdiVision by Harris Homes,
LLC - 2700 North Meridian Road: C~~ f.a C/-!5"-.9:1
O. Findings of Fact and Conclusions of Law for Approval: PP 03-
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15.68 acres in a proposed R.e zone for proposed
HiqhClate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road: Ct.rn,.~~.;.o 11-;i'-()3
E. Findings of Fact and Conclusions of Law for Approval; CUP
03-039 Request for a Conditional Use Permit for single.famUy
residential Planned Development with a mix of attached and
detached housing in a proposed R-8 2.one for proposed Hlahaate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
C'.:rn-Tth~ I.::> /1-5"-&3
F. Findings of FClct and Conclusions of Law for Approval: AZ 03-
020 Request for annexation and zoning of 1.13 a cres from R-6 to
L-O zones for proposed Office Jet Subdivision by Wardle and
Associates - 1975 North Locust Grove Road: ~~
MoridiM> Cily C""",il Agend. - Ocwb... 23. 2lIDJ F.g< 1 on
AJlnwcn.l, pm'mE<ditpIJbJio ""'<linss ,h.1I i><<:ornep"'l"'nyoflb.CityofM<li4i...
A\\YOllt d=iringJ.tcOJnmod:.l:iclI furd~~b-ilidtS" reblcd 10 do~umd'ltli and/or he.i.rinns
pl~$o CiJn'ti"II;:t the CityCltTk.S' O~ice.:l:t S8&443.1.l1t 1e::.J:f 48 hOlm; prior to I~p\lblic m'::("fil1i-
~>
(
** TX :RMFlTION REPORT ** AS OF OCT 27 '0j,> >.43 F'AGE.131
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIWSEC PGS CMD\:! STATUS
14 10/27 17:13 3810160 EC--S 01'32" 003 097 OK
15 10/27 17: 15 PUBLIC WORKS EC--S 00'54" 000 097 OK
16 10/27 17:16 12084664405 EC--S 00'56" 003 097 OK
17 113/27 17'18 8841159 EC--S 130'55" 003 1397 OK
18 113/27 17:192088840744 EC--S 00'54" 000 1397 OK
19 10/27 17:20 POLICE DEPT EC--S 00'55" 003 097 OK
2eI 113/27 17:22 8985501 EC--S l!\l!\'54" 003 097 OK
21 113/27 17:23 ~IBRARY EC--S !al'10" 003 1397 OK
22 10/27 17:25 92083776449 EC--S 00'53" 003 1397 OK
23 10/27 17:26 20B 388 6924 EC--S 01'08" 003 697 OK
24 10/27 17:28 ALL AMERICAN INS EC--S 1313'54" 003 097 OK
25 113/27 17'30 208 895 13390 EC--S 00'55" 003 697 OK
26 10/27 17:31 ~vrel EC--S 00' 55" 003 097 OK
27 10/27 17:33 20B 387 6393 EC--S 00'54" 003 097 OK
28 10/27 17:34 ADA CTY DEUELMT G3--S 131'43" 003 1397 OK
2S H'l/2? 17' 37 20B 888 51352 EC--S 013'55" 003 1397 OK
30 U:l/27 17: 38 CHERRY LANE EC--S 01'10" 003 1397 OK
31 10/27 17:40 POST OFFICE EC--S 131'32" 003 097 OK
32 113/27 17:42 IDAHO ATHLETIC C EC--S 00'55" 003 097 OK
CITY OF MERIDIAN
~
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 28,2003 at 7:00 p.m.
City' Council Chambers
1. Roll-call Attendance:
_ TammydeWeerd _ Bill Nary
Cherie McCandless Keith Bird
- _ Mayor Robert Corrie-
2, Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes of October 7, 2003 City Council Regular Meeting:
B. Approve minutes of October 14, 2003 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 03-
019 Request for annexation and zonIng of 16 acres from RUT to
R-8 zones for proposed Highgate Subdivision by Harris Homes.
LLC - 2700 North Meridian Road;
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15.68 acres in a proposed R-8 zone for proposed
Hiahaate Subdivision by HarrIS Homes, LLC - 2700 North
Meridian Road:
E. Findings of Fact and Conclusions of law for Approval: CUP
03.039 Request for a Conoitional Use Permit for SIngle-family
residential Planned Development with a mix of attached and
detached housing in a proposed R-6 zone for proposed Highqate
Subdivision by Harris Homes, llC - 2700 North Meridian Road;
F. Findings of Fact and Conclusions of Law for Approval: AZ. 03-
020 Request for annexation and zoning of 1.13 acres from R.6 to
L-O zones for proposed Office Jet Subdivision by Wardle and
Associates - 1975 North Locust Grove Road:
MOli~i"" CiIj'Co.n<il A;:end:I . O<tcl>er2~.2003 P'ge loO
All m.:Ilaial:i pl1:lil:ntcd Dl p~blic mlXtin&'l shl:ll beeamepi'Op~o-"chc-Cil)' ofM~.dii'!lo.
Anyonc-dl;:Sirins..ac,:oJ1unod:1.,Qnfo-rdisabil.itJt/i rdated Co dp~umc:nl.:l i,UJ,;1Iorh(;J.l'}ng:)
pl~ (.ontx't theeil)' Clul':$ Officeal. 88&..443,], allc4.tI~ 4R nnlm. pnr;rt('J lhc publi~ "Iecting.
** COMMUNICATIONS REPORT **
TOTAL PAGES
SEND 0082
RECEIVE 0007
01
02
03
04
05
06
07
08
09
10
11
12
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14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
DATE TIME TO/FROM
10/27 10:20 2083425353
10/27 10:59 208 388 6924
10/27 11:45 2083368380
10/27 12:04 9 368 3331
10/27 12:12 PUBLIC WORKS
10/27 12:14 12084664405
10/27 12:16 2088886854
10/27 12:28 _rFax Transmission
10/27 12:36 208 288 2936
10/27 12:44 _rFax Transmission
10/27 12:47 ACFI
10/27 15:02 2088881596
10/27 16:46 2089380941
10/27 17:13 3810160
10/27 17:15 PUBLIC WORKS
10/27 17:16 12084664405
10/27 17:18 8841159
10/27 17:19 2088840744
10/27 17:20 POLICE DEPT
10/27 17:22 8985501
10/27 17:23 LIBRARY
10/27 17:25 92083776449
10/27 17:26 208 388 6924
10/27 17:28 ALL AMERICAN INS
10/27 17:30 208 895 8390
10/27 17:31 Laurel
10/27 17:33 208 387 6393
10/27 17:34 ADA CTY DEVELMT
10/27 17:37 208 888 5052
10/27 17:38 CHERRY LANE
10/27 17:40 POST OFFICE
10/27 17:42 IDAHO ATHLETIC C
AS OF OCT 27 '03 17:43 PAGE. 01
MODE
EC--R
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--R
EC--S
EC--R
EC--S
EC--R
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--5
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
EC--S
TOTAL TIME
CITY OF MERIDIAN
SEND 00027'47"
RECEIVE 00003'41"
MIN/SEC PGS
00' 58" 003
00'24" 001
01' 56" 006
00'31" 002
01'09" 004
01'10" 004
01'08" 004
00'47" 001
00'20" 001
01'30" 002
00'24" 001
00'26" 001
00'41" 002
01'32" 003
00'54" 003
00' 56" 003
00'55" 003
00'54" 003
00' 55" 003
00' 54fl 003
01'10" 003
00' 53" 003
01'08" 003
00'54" 003
00'55" 003
00' 55" 003
00'54" 003
01'43" 003
00' 55" 003
01'10" 003
01'32" 003
00' 55" 003
CI'1DtI
079
080
082
084
086
086
086
088
089
091
092
094
095
097
097
097
097
097
097
097
097
097
097
097
097
097
097
097
097
097
097
097
STATUS
OK
OK
OK
OK
OK
OK
OK
INC
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
t
** TX CONF I" . I ION REPORT **
(
AS OF OCT 27 '03 17:52 PAGE. 01
CITY OF MERIDIAN
01
02
04
DATE TIME TO/FROM
10/27 17:44 ID PRESS TRIBUNE
10/27 17:45 2088886701
10/27 17:51 2088886854
CMDl:t STATUS
1097 OK
097 OK
097 OK
MODE
EC--S
EC--S
EC--S
MIWSEC PGS
00'54" 003
00'54" 003
00'54" 003
----------------------~--------------------------------------------------~------------------
CITY OF MERIDIAN
~
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 28, 2003 at 7:00 p.m.
City. Council Chambers
1. Roll-call Attendance:
_ Tammy de Weerd _ Bill Nary
Cherie McCandless _ Keith Bird
_ Mayor Robert Corrie
2. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes of October 7,2003 City Council Regular Meeting:
B. Approve minutes of October 14, 2003 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval; AZ 03~
019 Request for annexation and zoning of 16 acres from RUT to
R~8 zones for proposed Hiahaate Subdivision by Harris Homes,
LLC - 2700 North Meridian Road:
D. findings of Fact and ConClusions of Law for Approval: PP 03-
023 Request for Preliminary Plat approval of 74 building lots and
10 other lots on 15.68 acres in a proposed R-8 zone for proposed
Hiahaate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03~039 Request for a Conditional Use Permit for single-family
residential Planned Development with a mix of attached and
detached housing in a proposed R-B zone for proposed HighQate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
020 Request for annexation and zoning of 1.13 acres from R-6 to
L-Q zones for proposed Office Jet Subdivision by Wardle and
Associates - 1975 North Locust Grove Road:
Meridian City Council AgendJ . October 25, 2003 P3ge t of 3
AU malonul>< I'~~nttd nt Jlllblie fl\CC$in!l-~ shall bCl:omc p'llpcny oftllC City of Meridian,
A.nyone desiring Dccommodation for disa],mlJ~ rebted 10 dQ~wncn!s ,nellor hoaring>;
plColre COl\t;Ict the Cily Ct<fk'~ Office at 888-4433 allwr 48 hour.< "riort(1lh~ publi~ nlGcriog.
(
** COMMUNICATIONS REPORT **
TOTAL PAGES
SEND 0013
RECEIVE 0000
DATE TIME TO/FROM
01 10/27 17:44 ID PRESS TRIBUNE
02 10/27 17:45 2088886701
03 10/27 17:47 ALL AMERICAN INS
04 10/27 17:51 2088886854
AS OF OCT 28 '03 05:00 PAGE. 01
CITY OF MERIDIAN
TOTAL TI ME
SEND 000 05' 52 "
RECEIVE 00000'00"
MODE MIH/SEC PGS CMDt:t STATUS
EC--S 00'54" 003 097 OK
EC--S 00'54" 003 097 OK
EC--S 03' 10" 004 098 OK
EC--S 00'54" 003 097 OK
1-. "
BEFORE THE MERIDIAN CITY COUNCIL
)
)
)
)
)
)
)
)
)
)
)
)
The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 1.13 ACRES TO
L-O ZONE FOR PROPOSED
OFFICE JET SUBDIVISION,
LOCATED AT 1975 NORTH
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
WARDLE AND ASSOCIATES,
APPLICANT
C/C 1O~ 14-03
Case No. AZ-03-020
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on October 14,2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, and Jon Wardle, appeared and testified, and the City Council
having duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 1 OF 14
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 1.13 acres in size and is located at 1975
North Locust Grove Road, Meridian, Idaho, 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 parcel of land is contiguous to the existing city limits of the City of Meridian.
5. The owner of record of the subject property C-6 Development, and the applicant
is Wardle and Associates.
6. The property is presently zoned R-6 (Ada County) and consists of a single family
dwelling.
7. The Applicant requests the property be zoned as L-O (Limited Office).
8. The subject property is bordered to the north by L-O, to the south by R-6, to the
east by C-G, and to the west by R -6.
9. The Applicant proposes to develop the subject property in the following manner:
As a four-lot office park.
10. 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 Low Density Residential. While the Comprehensive Plan Zoning Map's
designation for the subject property is Light Residential, it is felt that the policies of the
Comprehensive Plan, and the existing conditions, support the proposed zone change.
11. There are no significant or scenic features of major importance that affect the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONlNG OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE2 OF 14
consideration of this application.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Essential city services can be made available to the subject property.
B. Adopt the Following Recommendations from the Ada County Highway District:
Site Specific Conditions of Approval
1. Close the three (3) existing driveways to Locust Grove Road with curb, gutter and
sidewalk to match into the existing improvements.
2. No access points to Locust Grove Road have been proposed and none are approved with
this application.
3. Pave the proposed driveway on Willowbrook Court, located approximately IIO-feet west
of Locust Grove Road (minimum of 50-feet west of Locust Grove Road) to its full width
(maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the
roadway, as proposed.
4. 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 for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE3 OF 14
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use ofthe property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE4 OF 14
1. Provide a frre-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of20' available at all times. UFC 902.2.2.1
13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Low Density Residential." While the Comprehensive Plan Future Land Use map
does not explicitly support the proposed zone change staff finds that there is a strong argument for
saying that the Comprehensive Plan policies do support the proposed zone change. A key
component of this argument is the relative flexibility of Meridian's Comprehensive Plan (quoted
below) as described in Chapter I, Section B of the Comprehensive Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions concerning the
physical development of the community. It indicates, in a general way, how the community
may develop in the next five to ten years."
Furthermore, in Chapter VII, Section C Future Conditions states the following:
"Figure VII-2 [The Comprehensive Land Use Map] depicts desire future land use categories
and their location within the Impact Area. The areas depicted on the map are conceptual and,
therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone change does not explicitly comply with the Comprehensive Plan
Land Use Map, staff, upon further analysis, finds that the proposed zone change does fit with the
development patterns of the surrounding area and it would be appropriate to extend the office
designation to this property. The office buildings directly north of the subject property are
designated as "Office" in the Comprehensive Plan and the mini storage property located east of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 5 OF]4
subject property is designated as "Commercial" in the Comprehensive Plan. Staff finds that the
proposed rezone of a small parcel located on a major arterial and adjacent to property zoned
Commercial and Light Office, meets the intent of the Comprehensive Plan for the future
development of the area.
It is also founds that the following 2002 Comprehensive Plan text policies to be applicable
(staff analysis is in italics below policy):
(See Chapter VII, pgs. 97-98, for the above-mentioned bullets/policies.)
. "Locate new community commercial areas on arterials or collectors near residential areas
in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I,
Obj. B, #5)
The proposed subdivision has frontage on Locust Grove Road, a principal arterial
roadway. This proposed low intensity office development complements adjoining
residential areas.
. "Require screening and buffering of commercial and industrial properties and residential
use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6)
The applicant is proposing landscaping buffers at the edges of the subject property
bordering residential areas
. "Pennit new. . .commercial. . .developments only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City."
(Chapter IV, Goal I, Obj. A, #6)
Office Jet subdivision is contiguous to existing city limits and sanitary sewer, water and
other urban utilities can be extended to meet the needs of the development.
14. The subject property is located adjacent to property that has been developed with
commercial and light offices uses. The subject property is in the single family residential Doris
Subdivision which was platted in 1959. Since this subdivision was platted, commercial and light
office uses have been developed adjacent to the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 6 OF 14
15. It is found that the requested light office uses would generally be harmonious with the
existing and intended character of the general vicinity, which is commercial, light office, and single
family residential.
16. It is found that the proposed light office uses will not be hazardous or disturbing to
existing or future neighboring uses if all development and landscaping ordinances are exercised. The
applicant has submitted a petition from neighboring property O\VIlers in support of the proposed zone
change and light office subdivision.
17. It is found that sanitary sewer and water mains service is readily available from
existing mains adjacent to the subject site. All other public services and facilities noted above appear
to be adequate to service this property.
18. It is found that this development will not cause excessive additional requirements at
public cost. Sewer and water will be extended to the proposed development by the developer. These
improvements will be funded and constructed by the developer. We also find that the annexation and
zoning alone will not be detrimental to the community's economic welfare.
19. It is found that the proposed light office uses will not be detrimental to surrounding
property values if constructed and landscaped as submitted. It is also found that the proposed use
will create additional traffic on Locust Grove Road but is unlikely to significantly impact traffic due
to the scale and intensity of the proposed light office subdivision. However, no traffic study or
statement of impact was submitted with the application. It is not anticipated that the proposed use
will create excessive traffic, noise, smoke, fumes, glare, or odors.
20. It is found that the proposed vehicular approaches off of Willow Brook Court will
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 7 OF 14
have a low level of impact on the level and flow of traffic on the surrounding streets. The proposed
subdivision will not have direct access off of Locust Grove Road. The applicant estimates that the
use will generate 220 additional vehicle trips per day.
21. It is found that the proposed subdivision does not contain any natural or scenic
features of major importance and will not result in the destruction, loss, or damage of a natural or
scenic feature of maj or importance. The subj ect property currently has one single family dwelling on
the 1.13 acre subdivision lot.
22. It is found that the proposed rezone of the subject property is in the best interest of
the City for the following reasons:
. The proposed offices will provide a buffer between Locust Grove and adjoining
residential property.
. The proposed rezone to L-O is compatible with surrounding land uses.
23. It is found that if the developer pays for the requested improvements and complies
with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
24. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 8 OF 14
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code S 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002,
Resolution No. 02-382.
4. The zoning of (L-O) Limited Office 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
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 9 OF 14
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 ofthe 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 1.13 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 1.13 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 meet the conditions set forth and in the event the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING OFFICE JET SUBDNISION
(AZ-03-020)
PAGE 10 OF 14
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:
1. Essential city services can be made available to the subject property.
B. Adopt the Following Recommendations from the Ada County Highway District:
Site Specific Conditions of Approval
1. Close the three (3) existing driveways to Locust Grove Road with curb, gutter and
sidewalk to match into the existing improvements.
2. No access points to Locust Grove Road have been proposed and none are approved with this
application.
3. Pave the proposed driveway on Willowbrook Court, located approximately 110- feet west of
Locust Grove Road (minimum of 50-feet west of Locust Grove Road) to its full width (maximum
36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway, as proposed.
4. 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING OFFICE JET SUBDNISION
(AZ-03-020)
PAGE]l OF 14
in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee
Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to
ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations ofthe Meridian Fire Department as follows:
1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of20' available at all times. UFC 902.2.2.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 12 OF 14
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (L-O) Limited Office District, Meridian City Code S 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
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 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
?a..J&-
.?-'2J day of
tf}cb~
,2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 13 OF 14
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCIL WOMAN CHERIE Mc CANDLESS
VOTED~
VOTED~
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /tJ.--2-f3--1)3
VOTED
.-
MOTION:
APPROVED:-A-
DISAPPROVED:
Attest:
tue-e rc( - fJrt" J/d.eJvl C & town~
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William G. Berg, Jr., City Clerk \. 10 QuoS/1S\'''' ..:t:-O j
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Copy served upon Applicant, the PlarlfiLqgartCi!lQ'11tng'uepartment, Public;}}{F?F~S Department and
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the CIty Attorney. ,,\\\~ Of MEITI).'I//
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 14 OF 14
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST )
FOR PRELIMINARY/FINAL PLAT FOR )
OFFICE JET SUBDIVISION, LOCATED AT )
1975 NORTH LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
)
)
)
)
)
)
)
BY: WARDLE AND ASSOCIATES,
APPLICANT
C/C 10/14/03
CASE NO. PFP-03-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELIMINARY/FINAL
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on October 14, 2003, and Anna Powell Planning Director for the Planning and Zoning
Department, and Jon Wardle, appeared and testified at the hearing, and the City Council having
received a report from Wendy Kirkpatrick Planner II for the Planning and Zoning Department
and Bruce Freckleton, Engineering Technician III, and the City Council having received as part
of the record of this matter the recommendation to City Council of the Planning and Zoning
Commission and the applicant having submitted the Plat Drawing described as follows, "FINAL
PLAT OF OFFICE JET PARK SUBDIVISION, A PARCEL OF LAND BEING ALL OF LOT 5,
AND A PORTION OF LOT 4, BLOCK 4, DOlUS SUBDIVISION, LOCATED IN SECTION 6,
T.3N., R.lE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, 1 :PROJECTS\C6
DEVELOPMENT\31100 OFFICE JET\ACAD\31100-SURV-RSOl,DWG INDEX. NO. 311-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT ~ OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 1 OF 14
06-2-2-00-00, HANDWRITTEN DATE: 7/2/2003, W & H PACIFIC", Wardle and Associates
submitted for preliminary/final plat approval, and which preliminary/final plat application is
herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3.
Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the Meridian
Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is presently zoned L-O Limited Office, and requires connection to the Municipal Water and
Sewer System. [see Meridian City Code, Section 11-7-2 G]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6,2002, Resolution No. 02-382.
3. It is found that the subdivision to be in conformance with the Comprehensive
Plan. The Future Land Use Map designates the property as Low Density Residential. The
preliminary plat application would create 4 new office lots. The site plan projects 10,540 square
feet of new light office uses. Lots range in size between 2,170 square feet and 8,712 square feet.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject
property as "Low Density Residential." While the Comprehensive Plan Future Land Use map does
not explicitly support the proposed zone change staff finds that there is a strong argument for saying
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 2 OF 14
that the Comprehensive Plan policies do support the proposed zone change. A key component of
this argument is the relative flexibility of Meridian's Comprehensive Plan (quoted below) as
described in Chapter I, Section B of the Comprehensive Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions concerning the
physical development of the community. It indicates, in a general way, how the community
may develop in the next five to ten years."
Furthermore, in Chapter VII, Section C Future Conditions states the following:
"Figure VII-2 [The Comprehensive Land Use Map J depicts desire future land use categories
and their location within the Impact Area. The areas depicted on the map are conceptual and,
therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone change does not explicitly comply with the Comprehensive Plan
Land Use Map, staff, upon further analysis, finds that the proposed zone change does fit with
the development patterns of the surrounding area and it would be appropriate to extend the
office designation to this property. The office buildings directly north of the subject property
are designated as "Office" in the Comprehensive Plan and the mini storage property located
east of the subject property is designated as "Commercial" in the Comprehensive Plan. Staff
finds that the proposed rezone of a small parcel located on a major arterial and adjacent to
property zoned Commercial and Light Office, meets the intent of the Comprehensive Plan for
the future development of the area.
It is also found that the following 2002 Comprehensive Plan text policies to be applicable
(staff analysis is in italics below policy):
(See Chapter VII, pgs. 97-98, for the above-mentioned bullets/policies.)
· "Locate new community commercial areas on arterials or collectors nearresidential areas
in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I,
Obj. B, #5)
The proposed subdivision has frontage on Locust Grove Road, a principal arterial
roadway. This proposed low intensity office development complements adjoining
residential areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYfFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003 )
PAGE 3 OF 14
· "Require screening and buffering of commercial and industrial properties and residential
use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6)
The applicant is proposing landscaping buffers at the edges of the subject property
bordering residential areas
· "Permit new. . .commercial. . .developments only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City."
(Chapter IV, Goal I, Obj. A, #6)
Office Jet subdivision is contiguous to existing city limits and sanitary sewer, water and
other urban utilities can be extended to meet the needs of the development.
4. It is determined that public services are readily available to accommodate the
proposed development. The developer will extend services to each individual lot within the
subject property.
5. The proposed development is a continuity ofthe 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 are met there will be public financial
capability of supporting services for the proposed development. The developer is installing
sewer, water, local street infrastructure, utilities and irrigation, the subdivision will not require
the expenditure of capital improvement funds.
6. The development, if built in accordance with the conditions, and as proposed, will
be compatible within the vicinity, and will not create health, safety or envirorunental problems,
nor will the development have an adverse impact on other persons, property, or uses within the
vicinity.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPRO V AL OF
PRELIMINARY/FINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 4 OF 14
7. It is found that the Recommendation to City Council of the Planning and Zoning
Commission is reasonable, and the conditions of approval of the preliminary plat and final plat
will be required as set forth hereinafter in the Decision and Order.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary/Final Plat of the applicant as evidenced by "FINAL PLAT OF
OFFICE JET PARK SUBDIVISION, A PARCEL OF LAND BEING ALL OF LOT 5, AND A
PORTION OF LOT 4, BLOCK 4, DORIS SUBDIVISION, LOCATED IN SECTION 6, T.3N.,
R.l E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, 1 :PROJECTS\C6
DEVELOPMENT\31100 OFFICE JET\ACAD\31100-SURV-RS01,DWG INDEX. NO. 311-
06-2-2-00-00, HANDWRITTEN DATE: 71212003, W & H PACIFIC", has been submitted for
preliminary/final plat.
I. The conditions of Staff pertaining to the Preliminary/Final Plat comments are
listed hereinbelow, just as they are set forth in the Memorandum to the Mayor and City Council
from Wendy Kirkpatrick Planner II for Planning and Zoning Department, and Bruce Freckleton,
Engineering Teclmician III, dated: Hearing Date: September 4,2003, listing 24 Site Specific
Comments - Preliminary/Final Plat and listing 10 General Requirements - Preliminary/Final Plat,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 5 OF 14
and the requirements are as follows, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Sanitary sewer and water service to this subdivision will be from the existing mains in South
Locust Grove Road.
2. Underground year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping. Primary
water supply cOlmection to the City's mains will not be allowed without City Council
approval. Applicant shall be required to utilize any existing surface or well water for the
pnmary source.
3. Remove the sanitary sewer and water mains from the face of the final plat map. Either add
the baring and distance calls to the boundary of the easements, or dedicate the easements by
separate document, available from the Public Works Department, prior to recordation ofthe
final plat. The recording information then should be added to the face of the plat as an
easement of record.
4. Add the CPF # to the EI/4 Comer.
5. Add "South" to the Locust Grove Road name, and "East" to the Fairview Avenue.
6. Identify the purpose and beneficiary of the easements that are shown on the final plat map.
7. Add the "36.00'" dimension to the Real Point of Beginning tie.
8. Please add or revise the following final plat notes:
(1.) Revise to comply with condition 6 above
(3.) Building setbacks and dimensional standards in this subdivision shall be in
compliance with the applicable zoning regulations of the City of Meridian, Idaho.
(4.) Any re-subdivision ofthis plat shall comply with the applicable zoning regulations in
effect at the time ofre-subdivision.
(5.) The developer and/or owner shall comply with Idaho Code, Section 31-3805 or it's
provisions that apply to irrigation rights.
(6.) The owner of each lot across which passes an irrigation/drainage ditch or pipe, is
responsible for the maintenance thereof, unless such responsibility has been assumed
by an irrigation/drainage district.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL AFPROV AL OF
PRELIMINARYIFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 6 OF 14
(7.) The bottom elevation of structural footings shall be set a minimum of 12 inches
above the highest established normal groundwater elevation.
(8.) The pressurized irrigation system within this development is to be owned and
maintained by the Office Jet Park Subdivision Business Owners Association.
9. 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 perimeter fencing and landscaping shall
be installed and approved prior to obtaining certificates of occupancy. A letter of credit or
cash surety in the amount of 11 0% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat.
10. Submit any updated groundwater/soils monitoring data to the Public Works Department for
review. The project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design and
construction phases. The engineer shall be required to certify that the parking lot centerline
elevations are set a minimum of 3-feet above the highest established normal groundwater
elevation. This is to ensure that the bottom elevation of the crawl spaces of structures are at
least I-foot above groundwater.
II. Complete the Certificate of Owners and accompanying Acknowledgment.
12. 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.
13. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of
Meridian Zoning and Development Ordinance.
14. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D.
and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
15. A drainage plan designed by an architect or engineer is required and shall be submitted to the
City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
16. Outside lighting shall be designed and placed so as to not direct illumination on any nearby
residential areas and in accordance with City Ordinance Section 11-13-4.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 7 OF 14
17. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides
in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations
and construction requirements with Sanitary Service Company (SSC) and provide a letter of
approval from SSC to the Planning & Zoning Department prior to applying for building
permits.
18. Revise the "Reference Line" in the final plat legend to show the line type of an easement, and
label as an easement line.
19. Revise the section corner notation shown at the intersection of S. Locust Grove and E.
Fairview Avenue to read sections 5, 6, 7, and 8.
20. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance.
21. A pedestrian pathway shall be constructed between lot three ofthe proposed subdivision and
Locust Grove Road to provide pedestrian access between the proposed subdivision and
Locust Grove Road.
22. The landscape plan is approved with the exception of the pedestrian pathway to be added
connecting lot three of the proposed subdivision and Locust Grove Road.
23. Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that
have to be removed.
24. A cross-access parking agreement for shared parking between the subdivision lots must be
submitted
GENERAL REQUIREMENTS - Preliminary/Final Plat:
1. Submit letter from the Ada County Street Name Committee, approving the subdivision and
street names. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
3. Assessment fees for water and sewer service are determined during the building plan review
process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 8 OF 14
4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants.
5. Underground, year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping.
6. Show all existing and proposed easements for irrigation/drainage facilities located within the
boundaries of this proposed development (i.e., Eight Mile Drain easement).
7. 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.
8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association (ditch owner's), with written approval or non-approval
submitted to the Public Works Department. Iflateral users association approval can't be
obtained, plans will be reviewed and approved by the meridian City Engineer prior to final
plat signature.
9. 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.
10. All construction shall conform to the requirements of the Americans with Disabilities Act.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Close the three (3) existing driveways to Locust Grove Road with curb, gutter and
sidewalk to match into the existing improvements.
2. No access points to Locust Grove Road have been proposed and none are approved with
this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 9 OF 14
(
3. Pave the proposed driveway on Willowbrook Court, located approximately lIO-feet west
of Locust Grove Road (minimum of 50-feet west of Locust Grove Road) to its full width
(maximum 36-feet) and at least 30~feet into the site beyond the edge of pavement of the
roadway, as proposed.
4. 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
shan 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 for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing bv 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 oOdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 10 OF 14
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a turning radius of28' inside and 48' outside.
3. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of20' available at all times. UFC 902.2.2.1
D. Adopt the Recommendations of Central District Health Dept as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY /FINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 11 OF 14
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design ofthe subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. If storm drainage is to leave the site, the District requires that a Land Use Change
Application be filed for review prior to final platting. All laterals and waste ways must be
protected. All municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the District must review drainage plans.
2. The developer must comply with Idaho Code 31-3805.
F. Adopt the Recommendations of Settlers Irrigation District as follows:
1. Office Jet Subdivision has an irrigation water right and access from the District, and are
proposing to provide irrigation from an existing well on the property. Therefore, the
District recommends to use surface irrigation water as the primary source of irrigation
water with the well supplementing the irrigation needs. Also, any irrigation facilities
passing through the property must continue to provide downstream users irrigation
access.
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 Cityls requirements shall be
signed only at such time as:
a. The Plat dimensions are approved by the City Engineer;
b. The City Engineer has verified that all off-site improvements are completed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 12 OF 14
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision 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.
I?..f j...
/) ~y action of the City Council at its regular meeting held on the 2v -day of
cJck~ ,2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 13 OF 14
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY /FINAL PLAT - OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 14 OF 14
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10f3UlO3 11:06 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT .UO
46
111111111I11111111111111111111111I111
103184142
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"
DEVELOPMENT AGREEMENT
Revised 10/22103
PARTIES: 1.
2.
3.
City of Meridian
Anthony Gamer and Tracey Gamer, Owners
Thomas M. Bevan/DTE Development, L.L.C., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and
entered into this .,,2~ day of CG10~6R ,2003, by and between CITY OF
MERlDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
ANTHONY GARNER and TRACEY GARNER, whose address is 680 N. Ten Mile
Road, Meridian, Idaho 83642, hereinafter called "OWNERS", and THOMAS M.
BEV ANIDTE DEVELOPMENT, L.L.C., whose address is 4202 N. Marcliffe Avenue,
Boise, Idaho 83704, hereinafter called "DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNERS" are the sole owners, in law andlor
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto
and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owners" or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owners" and "Developer" have submitted an
application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (R-15)
Medium High Density Residential District and (C-N)
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 1 OF 25
Neighborhood Business District, (Municipal Code of the City of
Meridian); and
1.5 WHEREAS, "Owners" and "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
1.7 WHEREAS, City Council, the l/P-fl., day of
O~ ' 2003, has approved certain Findings
of Fact and Conclusions of Law and Decision and Order, set forth
in Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as
(the "Findings"); and
1.8 WHEREAS, the Findings require the "Owners" and "Developer"
to enter into a development agreement before the City Council
takes final action on annexation and zoning designation; and
1.9 "OWNERS" and "DEVELOPER" deem it to be in its best
interest to be able to enter into this Agreement and acknowledges
that this Agreement was entered into voluntarily and at its urging
and requests; and
1.9 WHEREAS, "City" requires the "Owners" and "Developer" to
enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from government subdivisions providing
DEVELOPMENT AGREEMENT (AZ-03~009)
PAGE 2 OF 25
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6,2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "OWNERS": means and refers to Anthony Gamer and Tracey
Garner, whose address is 680 N. Ten Mile Road, Meridian, Idaho
83642, the parties developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "DEVELOPER": means and refers to Thomas M. BevanlDTE
Development, L.L.C., whose address is 4202 N. Marcliffe Avenue,
Boise, Idaho 83704, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-15 and C-N, attached hereto and by this reference
incorporated herein as if set forth at length.
DEVELOPNlENT AGREEMENT (AZ-03-009)
PAGE 3 OF 25
4.
USES PERMITTED BY TIDS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (E and H) which are herein specified as follows:
Construction and development of 31 huilding lots and 5 otlter
lots on 11 acres, in proposed R-15 and C-N zones.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" have submitted to "City" an application for conditional use permit, and shall
be required to obtain the "City's" approval thereof, in accordance to the City's Zoning &
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
commencement of construction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A "Owners" and "Developer" shall develop the "Property" in accordance
with the following special conditions:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
ANNEXATION AND ZONING COMMENTS
1. Remove any existing domestic wells andlor septic systems within this project from
their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non-
domestic purposes such as landscape irrigation.
B. Adopt the Ada County Highway District's Recommendations as follows:
Site Specific Conditions of Approval
1. Ten Mile Road, including the signalization of the intersection ofTen Mile
DEVELOPlvlENT AGREElvlENT (AZ-03-009)
PAGE 4 OF 25
Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year
Work Program and in the currently adopted ClP. As such, the applicant may receive
reimbursement for dedicated right-of-way from available impact fees. The applicant
shall dedicate 48-feet of right-of-way from the centerline ofTen Mile Road and 45-
feet of right-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting
the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten
Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the
location, design and construction of the sidewalk with District staff. However, if
funds cannot be secured for the purchase of the above-mentioned right-of-way, the
applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement
whereby the applicant is reimbursed from impact fees to be collected
solely from the applicant's specific development project) 48-feet of
right-of-way along Ten Mile Road and 45-feet of right-of-way tapering
to 37- feet along Pine Avenue, and construct a minimum 5- foot wide
concrete sidewalk along the roads. Coordinate the location and design
of the sidewalk with District staff.
b. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in
its ideal location with an easement provided to the District. Coordinate
the location and design of the sidewalk with District staff.
c. Provide a road trust deposit in the amount of $20,680, to be used for
future sidewalk construction along the applicant's frontage.
2. Construct a right-inlright-out driveway on Ten Mile Road located approximately
230-feet south of Pine Avenue (measured near edge to near edge). Pave the right-
in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36-
feet) and at least 30-feet into the site beyond the edge of pavement of the roadway
and install pavement tapers with IS-foot radii abutting the existing roadway edge.
Coordinate the design ofthe right-in/right-out restricted driveway on Ten Mile
Road with District Traffic staff.
3. Construct a driveway on Pine Avenue located approximately 220-feet east ofTen
Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue
to its full width (maximum 36-feet) and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with IS-foot radii
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 5 OF 25
abutting the existing roadway edge. lfthe driveway is constructed as right-
in/right-out only, coordinate the design of the driveway with District Traffic staff.
4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb,
gutter and 5-foot sidewalk within 54-feet of right-of-way as proposed.
5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot
wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a
District approved turnaround for Marbeth Court, with a minimum of a 29-foot
street section on either side of any proposed center island within the turnaround, If
a center island is constructed within the turnaround, it shall be owned and
maintained by a homeowners association. Notes of this should be required on the
final plat.
6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet
wide with a minimum area of 100-square feet and designed to safely channel
traffic. Coordinate the size and design of any roundabouts located in the right-of-
way with Traffic Services staff. Any proposed landscape
islands/medians/roundabouts within the public right-of-way shall be owned and
maintained by a homeowners association. Notes of this should be required on the
final plat.
7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum
of 50-feet back from the near edge of Pine Street and Treva Way.
8. Other than the access points specifically approved with this application, direct lot
or parcel access to Ten Mile Road and Pine Avenue is prohibited.
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.
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 6 OF 25
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 197, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
DEVELOP:MENT AGREE:MENT (AZ-03-009)
PAGE 7 OF 25
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.
C. Adopt Recommendations of Meridian's Fire Department as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
for duration of 2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A
2. Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix III-A
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
thru the Public Works Department.
5. All roads shall have a turning radius of28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
7. 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.
8. The fire department requests that any future signalization installed as the result of the
development ofthis project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer
9. All access roads leading into and within the project shall have a clear driving surface
with a minimum width of20' available at all times. UFC 902.2.2.1
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 8 OF 25
D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
2. All Storm Drainage must be retained on site.
3. All laterals and waterways must be protected.
4. The Developer must comply with Idaho Code 31-3805.
5. Nampa & Meridian Irrigation District recommends that Irrigation be made available
to all lots.
E. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
F. Adopt the action of the City Council taken at their September 2,2003 meeting as
follows:
1. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to
c1arifythe bike lane, the bike lane shall be on the west side ofTen Mile, not the east
side.
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 9 OF 25
2. The developer shall be required to construct the following:
· Construct an additional lane on Pine Street at the intersection ofTen Mile. This
additional lane will allow one turn lane for left turning movements, and another
lane for straight/right movements. The improvement should decrease the cut-
through traffic through the Thundercreek Subdivision because the intersection
will operate more efficiently with fewer cars stacked east on Pine Street.
· Construct an additional lane on the north leg ofTen Mile Road at the intersection
of Pine Street. This additional lane will allow one turn lane for left turning
movements, and another lane for straight/right movements.
· Construct sidewalk on the east side ofTen Mile Road up to the Pine Street
intersection, abutting the church site.
3. For clarification, the developer proposes to phase the project construction. The first
phase shall consist of residential. Phases 2 and 3 shall involve the commercial
parcels, with Phase 2 being the office buildings. The larger commercial buildings
shall be built later which would be closer to the time ACHD is scheduled to build out
Ten Mile and Pine.
4. The developer shall pave the additional width necessary to accommodate turn lanes
and wider shoulders. Sidewalks on the west side shall be within the existing ROW.
PRELIMINARY PLAT REQUIREMENTS:
G. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
SITE SPECIFIC COMMENTS (preliminary plat)
1. Sanitary sewer service to this project is being proposed via a temporary lift station
being installed as part of the Mosher's Faun project. The applicant will be
responsible to construct lateral sewer mains (including dry-line) to and through this
proposed development. The subdivision designer to coordinate main sizing and
routing with the Public Works Department. Revise the preliminary plat to provide a
20-foot wide easement between Lots 29 & 30, Block 2, or re-route the sewer so as
not to be between lots.
DEVELOP:MENT AGREE:MENT (AZ-03-009)
PAGE 10 OF 25
2. Domestic water service to this site shall be via new main extensions from the existing
mains adjacent to the property Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
3. Ordinance 12- 13- I 0-3, Applicability of Street Buffers, requires that all street buffers
at subdivision boundaries be placed on a common lot, maintained by a homeowner or
business-owners association. Applicant shall submit a revised preliminary plat at
least 10 days prior to the next public hearing that shows the landscape buffer along
Ten Mile Road and Pine Street within a common lot.
4. Required fencing along micropaths is to be 4' in height and shall be installed by the
developer.
5. The developer shall be required to install all parkway trees within each phase of the
development prior to any Certificates of Occupancy being issued.
6. Fencing details shall be submitted with the Final Plat application. Fencing adjacentto
pathways or the cornman area lots shall not be over tluee feet in height if constructed
of a solid material, and shall not be more than 4 feet in height if it is non-sight
obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building
permits being issued, unless agreed to otherwise in vvriting by the Planning Director.
7. All adjacent agricultural uses shall be protected and a note added to the face of the
plat regarding the Right to Farm Act.
8. The required landscaping and irrigation system shall be installed prior to the issuance
of a Certificate of Occupancy for any building on any lot created by the subdivision.
Landscaping and fencing must be bonded for prior to applying for building permits.
9. Underground pressurized irrigation must be provided to all landscape areas on site.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Nampa & Meridian Irrigation
District.
10. The City of Meridian requires that pressurized irrigation systems 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.
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 11 OF 25
11. The applicant has submitted a statement indicating that they will be providing on-site
soils/groundwater investigation prior to final plat approval, and that depth to
groundwater should be similar to depths measured in the Mosher's Farm project.
Please submit all initial excavation information to the Public Works Department for
review, and updated groundwater/soils monitoring data to the Public Works
Department. All 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.
The project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design and
construction phases. The engineer shall be required to certify that the street
centerline elevations are set a minimum of 3-feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least I-foot above groundwater.
GENERAL COMMENTS (preliminary plat)
1. Submit a copy ofthe Ada County Street Name Committeets final 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-fifty 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 on the site
plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confinnation of said approval submitted to
the Public Works Department.
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 12 OF 25
6. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
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 of time not to
exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1.
8. Graphically depict any FEMA flood plain boundaries. Note restrictions associated
with the flood zone on the face of the preliminary plat.
9. Performance specifications for the common area pressurized irrigation system shall
be submitted with each Final Plat application.
H. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
SITE SPECIFIC COMMENTS (Conditional Use Permit)
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2. The proposed bank and gas station will require CUP applications. Additionally, a
detailed list of approved and conditional uses shall be included in the Development
Agreement.
3. All office or commercial uses proposed within the development not specifically listed
in the Development Agreement shall be required to apply for a conditional use permit
for a planned development prior to construction.
4. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
5. No building permits shall be issued within the development until a Final Plat has
been recorded for the subdivision.
6. The applicant wishes to reduce the front of garage setback to 18 feet. This will not
be allowed if permanent parking is proposed in front of the garages. Temporary
guest parking is permitted. (Per action of the City Council taken at their September 2,
2003 meeting.)
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 13 OF 25
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owners" and "Developer" or "Owners" and
"Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the
date this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. S 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owners" and "Developer" and if the
"Owners" and "Developer" fails to cure such failure within six (6)
months of such notice.
9. INSPECTION: "Owners" and "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10.
DEFAULT:
10.1 In the event "Owners" and "Developer", "Owners" and
"Developer's" heirs, successors, assigns, or subsequent owners of
the "Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 14 OF 25
10.2 A waiver by "City" of any default by "Owners" and "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and
"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection
with the annexation and zoning of the "Property" by the City Council. If for any reason
after such recordation, the City Council fails to adopt the ordinance in connection with
the annexation and zoning of the "Property" contemplated hereby, the "City" shall
execute and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owners" and "Developer", or by any
successor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific performance
ofthe covenants, agreements, conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owners" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Developer" or "City" is delayed
DEVELOP:MENT AGREE:MENT (AZ-03-009)
PAGE 15 OF 25
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, in-evocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code 912-5-3, to insure that installation of the
improvements, which the "Owners" and "Developer" agrees to provide, if required by the
"City" .
15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer"
agree that no Certificates of Occupancy will be issued until aU improvements are
completed, unless the "City" and "Owners" and "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Anthony Gamer and Tracey Garner
680 N. Ten Mile Road
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 16 OF 25
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Thomas M. Bevan!
DTE Development, L.L.C.
4202 N. Marcliffe Avenue
Boise, Idaho 83704
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit ofthe parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owners" and "Developer" of the
"Property", each subsequent owner and any other person acquiring an interest in the
"Property". Nothing herein shall in any way prevent sale or alienation of the "Property",
or portions thereof, except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Owners" and "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owners" and "Developer" has fully performed its obligations under this
Agreement.
DEVELOPMENT AGREEMENT (AZ~03-009)
PAGE 17 OF 25
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied,
between "Owners" and "Developer" and "City", other than as are stated herein. Except
as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect
to "City", to a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses andlor conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time ofthe proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-03-009)mPAGE 18 OF 25
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERS/GARNER:
BY:~~
Anthony Garner
/'1
" ,,/
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BY-'~ , . /'(, ~ J ~
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Tracey Garner /'
DEVELOPERlTHOMAS M. BEV AN/
DTE DEVELOPMENT, L.L.C.:
BY:
Manager, Tho
CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT (AZ:113iP~)NT"1. \\\\,\\
pibE'I~N)tF\25
STATE OF IDAHO)
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COUNTY OF ADA )
On this :J::2 day of OCTO ~ J2.. , in the year 2003, before
me, 5u... SA 1\1 KA~ ~ A 1\/ a Notary Public, personally appeared ANTHONY
GARNER and TRACEY GARNER, husband and wife, known or identified to me to be the
persons who executed the instrument and acknowledged to me that they executed the same.
(SEAL)
JI.~cvJ
Notary Publi Idaho
Residing at: C/'t"y Of- ~ tX:" Qb u }V i"') 0+ AnA
Commission expires::J'\A Y\e?_.:J.DoG:,
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this :L2 day of Cc TO &- ~ , in the year 2003, before
me, SIA <:.ct (\, AA'I ~\lf-Y~/ a Notary Public, personally appeared Thomas M. Bevan,
known or identified to me to be the Manager of DTE DEVELOPMENT, L.L.C., and the
person who executed the instrument and acknowledged to me that he has executed the same
on behalf of said DTE DEVELOPMENT, L.L.C.
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Commission expires::J Lt Y"1J2 .:::J2JO{~
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 20 OF 25
STATE OF IDAHO )
:ss
County of Ada )
On this 2- q+h day of () ctohtr ,in the year 2003,
before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,:Jr.
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
(SEAL)
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Commission expires: i -2R-t)5'
Z:\Work\M\Meridian\Meridian 15360M\The Courtyards at Ten Mile AZ-03-009 PP..o3-010 CUP-03-020\DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZw03-009)
PAGE 21 OF 25
EXHIBIT A
LEGAL DESCRIPTION
AREA TO BE ZONED RESIDENTIAL R-15 PD
THE COURTYARD AT TEN MILE
A parcel ofland located within the Southwest 'l4 of Section 11, Township 3 North,
Range 1 West, B.M., Ada County, Idaho. Being further described as follows:
Beginning at a point on the West line of said Southwest 'l4 from which the west 'l4
of said Section 11 bears North 00042'45" East a distance of 548.49 feet;
thence leaving said West line South 89020'39" East a distance of238.90 feet;
thence along a tangent circular curve to the left with a radius of 43.00 feet and a
central angle of35006'15" an arc length of26.35 feet (chord North 73006'13 East,
distance 25.94');
thence North 55033 '06" East a distance of 83.08 feet;
thence from a tangent which bears North 07021'45" East, along a circular curve to
the right with a radius of 15.00 feet and a central angle of 48011 '23" an arc length of
12.62 feet (chord - North 31027'26" East, Distance 12.25');
thence North 55033'07" East a distance of 17.37 feet;
thence along a tangent circular curve to the right with a radius of 15.00 feet and a
central angle of 48011 '23" an arc length of 12.62 feet (chord - North 79038'49" East,
Distance 12.25');
thence with a non-tangent line North 55033'07" East a distance of 85.76 feet;
thence along a tangent circular curve to the left with a radius of 53.00 feet and a
central angle of 54051 '25" an arc length of 50.74 feet (chord - North 28007'25" East,
Distance 48.83 ');
thence North 00041 '42" East a distance of 191.37 feet;
thence along a tangent circular curve to the left with a radius of 28.00 feet and a
central angle of 19014'34" an arc length of 9.40 feet (chord - North 8055'35" West,
Distance 9.36');
thence from a tangent which bears North 72005'01" West, along a circular curve
to the right with a radius of 15.00 feet and a central angle of 47020'53" an arc length of
12.40 feet (chord - North 48024'34" West, Distance 12.05;
thence North 24044'08" West a distance of 17.37 feet;
thence along a tangent circular curve to the right with a radius of 15.00 feet and a
central angle of 48030'49" an arc length of 12.70 feet (chord - North 0028'43" West,
distance 12.33 ');
thence from a tangent which bears North 22029'00" West, along a circular curve
to the right with a radius of 82.00 feet and a central angle of23029'47" an arc length of
33.63 feet (chord - North 10044'06" West, Distance 33.39');
DEVELOPrvIENT AGREErvIENT (AZ-03-009)
PAGE 22 OF 25
thence with a non-tangent line North 00041' 42" East to a point on the north line of
said southwest 'l4 Section 11, a distance of 108.16 feet;
thence leaving said north line, South 89020'39" East a distance of 64.68 feet;
thence South 00042'21" West a distance of 74.93 feet;
thence South 59036'39" East a distance of 645.83 feet;
thence South 41028'39" East a distance of260.59 feet;
thence North 89020'39" West to a point on the aforementioned west line of
section 11, a distance of 1232.32 feet;
thence along said west line, North 00042'45" East a distance of 40.00 feet to the
POINT OF BEGINNING.
Said parcel contains an area of approximately 6.33 acres.
BASIS OF BEARINGS:
The west line of the Southwest 'l4 of said Section 11 taken as South 00043' 18"
West, derived from found monuments.
LEGAL DESCRIPTION
AREA TO BE ZONED COMMERCIAL C-N
THE COURTYARD AT TEN MILE
A parcel of land located within the Southwest Y4 of Section 11, Township 3 North,
Range 1 West, B.M., Ada County, Idaho. Being further described as follows:
BEGINNING at West Y4 comer of said Section 11
thence along the North line of the Southwest Y4 of said Section 11 South
89020'39" East a distance of 431.50 feet;
thence leaving said North line South 00041' 42" West a distance of 108.16 feet;
thence from a tangent which bears South 01000'47" West, along a circular curve
to the left with a radius of 82.00 feet and a central angle of23029'47" an arc length of
33.63 feet (chord - South 10044'06" East, Distance 33.39');
thence from a tangent which bears South 23046'41" West, along a circular curve
to the left with a radius of 15.00 feet and a central angle of 48030'49" an arc length of
12.70 feet (chord - South 0028'43" East, Distance 12.33');
thence South 24044'08" East a distance of 17.37 feet;
thence along a tangent circular curve to the left with a radius of 15.00 feet and a
central angle of 47020'53" an arc length of 12.40 feet (chord - 'South 48024'34" East,
Distance 12.05');
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 23 OF 25
thence from a tangent which bears South 18032'51" East, along a circular curve to
the right with a radius of28.00 feet and a central angle of 19014'34" an arc length of 9.40
feet (chord- South 8055'35" East, Distance 9.36');
thence South 00041 '42" West a distance of 191.37 feet;
thence along a tangent circular curve to the right with a radius of 53.00 feet and a
central angle of 54051 '25" an arc length of 50.74 feet (chord - South 28007'25" West,
distance 48.83 ');
thence South 55033'07" West a distance of 85.76 feet;
thence from a tangent which bears North 76015'30" West along a circular curve to
the left with a radius of 15.00 feet and a central angle of 48011 '23" an arc length of 12.62
feet (chord - South 79038'49" West, Distance 12.25');
thence South 55033 '07" West a distance of 17.37 feet;
thence along a tangent circular curve to the left with a radius of 15.00 feet and a
central angle of 48011 '23" an arc length of 12.62 feet (chord - South 31027'26" West,
Distance 12.25');
thence with a non-tangent line South 55033'06" West a distance of 83.08 feet;
thence along a tangent circular curve to the right with a radius of 43.00 feet and a
central angle of35006' 15" an arc length of26.35 feet (chord - South 73006' 13" West,
distance 25.94');
thence North 89020'39" West, to a point on the west line of said southwest If4 of
section 11 a distance of238.90 feet;
thence along said west line North 00042'45" East a distance of 548.49 feet to the
POINT OF BEGINNING.
Said parcel contains an area of approximately 5.31 acres.
BASIS OF BEARINGS:
The west line of the Southwest Y4 of said Section 11 taken as South 00043' 18" West,
derived from found monuments.
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 24 OF 25
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 25 OF 25
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08/12/03
C/C 09/02/03
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 11 ACRES FOR )
PROPOSED THE COURTYARDS )
AT TEN MILE SUBDIVISION, )
LOCATED AT THE SOUTHEAST )
CORNER OF W. PINE A VENUE )
AND N. TEN MILE ROAD, )
MERIDIAN, IDAHO )
)
DOUG CAMPBELLITOM BEV ANI )
DTE DEVELOPERS, )
APPLICANT )
Case No. AZ-03-009
FINDINGS OF FACT AND
CONCLUSIONS OF LA W AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on August 12,2003 and continued until September 2, 2003, at the hour of 7:00 p.m., and Anna
Powell Plarming Director for the Planning and Zoning Department, Rod Ralphs, Bruce Mills,
Clayton Lyle, Bob Fuller, David Fuller, Joe Derosier, Irma Atkinson, William Lind, Laura
Wilder, Jackie Cooper, Julie Schultz, Brenda Ball, and Tracey Garner, appeared and testified,
and the City Council having duly con~idered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 and 11-16-1.
, ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTJNG APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN WLE - (AZ-03-009)
PAGE 1 OF21
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all CUlTent zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 11 acres in size and is located at the
southeast comer ofW. Pine Avenue and N. Ten Mile Road, Meridian, Idaho, 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 parcel ofland is contiguous to the existing city limits of the City of Meridian.
5. The owner of record of the subject property is Anthony and Tracey Gamer, 680 N.
Ten Mile Road, Meridian, Idaho. The applicant is Doug Campbell/Tom BevanJDTE Developers,
1661 Shoreline, Boise, Idaho.
6. The property is presently zoned RUT (Ada County) and consists of rural
residential! agricultural land.
7. The Applicant requests the property be zoned as R-15 (Medium High Density
Residential) and C-N (Neighborhood Commercial).
8. The subject property is bordered to the north by residential and offices uses
(zoned R-15 and L-O), to the .south by the proposed Central Valley Baptist Church, to the east
and west by agricultural land (zoned RUT).
9. The Applicant proposes to develop the subject property in the following manner:
c ,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN Jl.tfILE - (AZ-03-009)
PAGE 2 OF 21
31 building lots and 5 other lots on 11 acres.
10. The Applicant requests zoning of the subject real property as R-15 and C-N,
which are consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Mixed Use - Community.
11. There are no significant or scenic features of major importance that affect the
consideration of this application.
12. The City Council recognizes the concerns of Irma Atkinson in her email dated
September 1,2003, and Julie Schulz in her email dated September 2,2003.
13. 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 ifthe following conditions of development are imposed:
A. Adopt the Recommendations .of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
1. Remove any existing domestiC wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. A Development Agreement will be required as part of this annexation request.
B. Adopt the Ada County Highway District's Recommendations as follows:
Site Specific Conditions of Approval
1. Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine
Avenue, is listed as a project in the District's currently adopted Five Year Work Program and
in the currently adopted CIP. As ,such, the.applicant may receive reimbursement for dedicated
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN NITLE - (AZ-03-009)
PAGE30F21
right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way
from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from
the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5-foot
wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the
right-of-way and the location, design and construction of the sidewalk with District staff.
However, iffunds cannot be secured for the purchase of the above-mentioned right-of-way,
the applicant shall do one of the following:
a. Dedicate by donation (or throligh a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 48-feet afright-of-way along Ten
Mile Road and 45-feet of right-of-way tapering to 37-feet along Pine Avenue,
and construct a minimum 5-foot wide concrete sidewalk along the roads.
Coordinate the location and design of the sidewalk with District staff.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location
with an easement provided to the District. Coordinate the location and design
of the sidewalk with District staff.
c. Provide a road trust deposit in the amount of $20,680, to be used for future
sidewalk construction along the applicant's frontage.
2. Construct a right-wright-out driveway on Ten Mile Road located approximately 230-feet
south of Pine Avenue (measured near edge to near edge). Pave the right-infright-out
restricted driveway on Ten Mile Road to its full width (maximrun 36-feet) and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with IS-foot radii abutting the existing roadway edge. Coordinate the design of the right-
in/right-out restricted driveway on Ten Mile Road with District Traffic staff.
3. Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile
Road (measured near edge to near edge). Pav~ the driveway on Pine Avenue to its full
width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement
of the roadway and install pav~ment tapers with 15-foot radii abutting the existing
roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the
design ofllie driveway with District Traffic staff.
4. Construct Treva Way arid Marco Avenue as 40-foot street sections with curb, gutter and
5-foot sidewalk within 54-feet of right-of-way as proposed.
5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide
concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN NITLE - (AZ-03-009)
PAGE40F21
approved turnaround for Marbeth Court, 'With a minimum ofa 29-foot street section on
either side of any proposed center island 'Within the turnaround. If a center island is
constructed within the turnaround, it shall be owned and maintained by a homeowners
association. Nates of this should be required on the final plat.
6, Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with
a minimum area of 1 DO-square feet and designed to safely channel traffic. Coordinate the
size and design of any roundabouts located in the right-of-way with Traffic Services staff.
Any proposed landscape islands/medians/roundabouts within the public right-of-way
shall be o\VI1ed and maintained by a homeo'wners association. Notes of this should be
required on the final plat.
7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50-
feet back from the near edge afPine Street and Treva Way.
8. Other than the access points specifically approved with this application, direct lot or
parcel access to Ten Mile Road and Pine Avenue is prohibited.
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 ass{}ciated 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 .y~ars old are not allowed unless approved in
writing by the District. Contaet 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.
. ,
FlNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONJNG THE COURTYARDS AT
TEN MILE - (AZ-03~009)
PAGES OF21
7.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction,
10.
No change in the terms and conditions ofthis approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is the subject ofthis
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
*
Additionally; the City Council requested that the neighbors to this project have a meeting with
the ACHD Commission to speak out about their traffic concerns, the information below is what
came out of the ACHD August 27, 2003, meeting~
The application for The Courtyards w~s approved by ACHD in May and therefore the item could
not be re-heard; or additional requirements added. The ACHD Commission listened to the
public concerns during "Public Communications" at their meeting on August 2ih. Two residents
testified with traffic concerns,. two residents e-mailed concerns, and two residents discussed their
concerns over the phone with starr. The ACHD Commission directed staff to send a letter to the
Council, informing it of the discussion.
The applicant notified the Commission that they are proposing to construct the following (in
addition to the ACHD requirem,ents):
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTY ARDS AT
TEN ~E - (AZ-03-009)
PAGE 6 OF 21
o Construct an additional lane on Pine Street at the intersection ofTen Mile. This
additional lane will allow one turn lane for left turning movements, and another lane for
straighUright movements. The improvement should decrease the cut-through traffic
through the Thundercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
" Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straightlright movements.
II Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection,
abutting the church site. The applicant is working with the church owners to provide a
continuous sidewalk from Pine Street to the north,
\Vhile ACHD is not requiring these improvements, the District supports the applicant's proposal
and finds that these improvements will help alleviate the back up that occurs near the
intersection.
Under the current conditions, and under build-out conditions of this development, a signal is not
warranted. The intersection ofTen Mile Road and Pine Street is in the Five Year Work Program
for widening, and for signalization.
ACHD is working with the Thundercreek residents to review their concerns regarding existing
cut-through traffic and speeds in the neighborhood, and is currently taking traffic counts and
conducting speed studies.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A' .
2. Commercial and office occupancies will require a fire~flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A.. .
3. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
4. Final approval of the fIre hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department. .
5, All roads shall have a turning radius of28' inside and 48' outside.
6. Operational fire hydrants ,and temporary or permanent street signs are required before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 7 OF 21
combustible construction begins. UFC 901.4.2 & 901.3
7, 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.
8. The fire department requires that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
9. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of 2"0' available at all times. UFC 902.2.2.1
D. Adopt the Recommendation ofNarnpa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
2. All Storm Drainage must be retained on site,
3. All laterals and waterways must be protected.
4. The Developer must comply with Idaho Code 31-3805.
5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all
lots.
E. Adopt the Recommendations ofthe Central District Health Department as follows:
1. This proposal can be approved for.c.entral 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 pretr~ated through a grassy swale prior to discharge to the subsurface to
prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
. ,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 8 OF 21
F. Adopt the action of the City COlmcil taken at their September 2,2003 meeting as follows;
1. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the
bike lane, the bike lane shall be on the west side ofTen Mile, not the east side.
2. The developer shall be required to construct the following:
. Construct an additional lane on Pine Street at the intersection ofTen Mile. This
additional lane will allow one turn lane for left turning movements, and another lane for
straight/right moyements. The improvement should decrease the cut-through traffic
through the Thundercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
e Construct an additional lane on the north leg of Ten Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straight/right movements.
. Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection,
abutting the church site.
3. For clarification, the developer proposes to phase the project construction, The first phase
shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase
2 being the office buildings. The larger commercial buildings shall be built later which
would be closer to the time ACHD is scheduled to build out Ten Mile and Pine.
4. The developer shall pave the additional width necessary to accommodate turn lanes and
wider shoulders. Sidewalks on the west side shall be within the existing ROW.
14. It is found that the requested zoning designation, R -15 and C- N, are harmonious with
and in accordance with the effective ComprehensiveP.lan ('02) and the Generalized Land Use Map,
which designates the land to be "Mixed Use Community".
15. The area has been designated as a Mixed Use Community area in Meridian's
Comprehensive Plan ~d is located just north of a potential Transit Station that has been identified in
the Comprehensive Plan. These Comprehensive Plan designations in combination with the L-O and
R-15 zoning directly north of,the subject ~roperty make the proposed zoning of the property
. ,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTlNG APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDf3 AT
TEN lv1ILE - (AZ-03-009)
PAGE 9 OF 21
compatible with surrounding land uses and the City of Meridian's plan for the development of the
area.
16. It is fOlmd that the proposed uses are compatible with the existing and intended
character of the area. The Comprehensive Plan designates the area as Mixed Use Community; the
proposed mixture of residential, retail and commercial uses are compatible with the Comprehensive
Plan designation. It is also found that the proposed uses can be designed and constructed in a
manner that will be harmonious with and appropriate in appearance with the existing and intended
character of the surrounding area.
17. It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors: Special attention will need to be paid to protect the existing agricultural uses to
the south.
18. It is found that the subject property can be served adequately by all essential public
facilities and services. Sanitary sewer service will be via a temporary private lift station being
installed as part of the Mosher's Farm project.
19. It is found that there''Yill not be 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 uses will create additional traffic, especially on Ten Mile
Road and Pine Avenue. However, it is not believed that the increase in traffic will be excessive. It is
not anticipated that the proposed development will generate traffic, noise, smoke, odors or other
nuisances that would be detrimental to the general welfare of the surrounding area.
21. It is found that the two proposed vehicular approaches on Ten Mile Road and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03~009)
PAGE 10 OF 21
proposed vehicular approach on Pine Street should not appreciably interfere with traffic on the
surrounding streets.
22. It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation request.
23. It is found that the armexation of this property would be in the best interest of the
City by providing a variety of housing types, an innovative subdivision layout, and the addition
of employment opportunities.
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. 13, 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.
13 are reasonable to require and inust 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 eXgessive traffic, noise, smoke, fumes, glare and odors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN 1V1ILE - (AZ-03-009)
PAGE 11 OF 21
CONCLUSIONS OF LA \V
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code S 11-16 provides the City may annex real property that is within the
Meridian Urban Service. Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 197Y', 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 zoning of (R -15) Medium High Density Residentiai and (C-N) Neighborhood
Commercial are defined in the Zoning Ordinance at S 11-7-2 E and H as follows:
(R-15) Medium Hie;h Density Residential District: The purpose ofthe R-15 District is to
permit the establishment of medium-high density single-family attached and multi-family
dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts
must have direct access to a transportation arterial or collector, abut or have direct access to a
park or open space cOITi~or, and be connected to the Municipal water and sewer systems of
the City. The predominant hqusing types in this District will be patio homes, zero lot line
single-family dwellings, tovvnhouses, apartment buildings and condominiums.
AND
(C-N) Neighborhood Business District: The purpose ofthe C-N District is to permit the
establishment of small scale convenience business uses which are intended to meet the daily
needs of the residents of an immediate neighborhood (as defined by the policies of the
Meridian Comprehensive Plan); to .encourage clustering and strategic siting of such
FINDlNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 12 OF 21
businesses to provide service to the neighborhood and avoid intmsion of such uses into the
adjoining residential districts. All such districts shall give direct access to transportation
arterial or collectors, be connected to the Municipal water and sewer systems of the City, and
shall not constitute all or any part of a strip development concept.
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 deve"ropment of the annexed land, if annexed, shall meet and comply with the
Ordinances ofthe 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, ai:1d 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 11 acres to
Medium High Density Residential (R-15) and Neighborhood Commercial (C-N), is granted subject
to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 11 acres. The legal description shall
be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all
, ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 13 OF 21
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 meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. A Development Agreement will be required as part of this annexation request.
B. Adopt the Ada County Highway District's Recommendations as follows:
Site Specific Conditions of Approval
1. Ten Mile Road, including the signalization of the intersection ofTen Mile Road/Pine
Avenue, is listed as a project in the District's currently adopted Five Year Work Program and
in the currently adopted eIP. As stich.. the applicant may receive reimbursement for dedicated
right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way
from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from
the centerline of Pine Avenue abl.!tting the site. Further, the applicant shall construct a 5-foot
wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the
right-of-way and the location, design and construction of the sidewalk with District staff.
However, if funds cannot be secured for the purchase ofthe above-mentioned right-of-way,
the applicant shall do one of the following:
a. Dedicat~ by donation (or through a development offset agreement whereby the
applicant i's reimbursed from impact fees to be collected solely from the'
applicant's specific development project) 48-feet of right-of-way along Ten Mile
Road and 45-feet of right-of-way tapering to 37-feet along Pine Avenue, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 14 OF 21
construct a minimum 5-foot wide concrete sidewalk along the roads. Coordinate
the location and design of the sidewalk with District staff.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with
an easement provided to the District. Coordinate the location and design of the
sidewalk v"ith District staff.
c. Provide a road trust deposit in the amount of $20,680, to be used for future
sidewalk construction along the applicant's frontage.
2. Construct a right~in/right-out driveway on Ten Mile Road located approximately 230-feet
south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out
restricted driveway on Ten Mile Road to its full width (maximum 36-feet) and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with IS-foot radii abutting the existing roadway edge. Coordinate the design ofllie right-
in/right-out restricted driveway on Ten Mile Road with District Traffic staff.
3. Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile
Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full
width (maximum 36-feet) and at least 3D-feet into the site beyond the edge of pavement
of the roadway and install pavement tapers with 15-foot radii abutting the existing
roadway edge. lfthe driveway is constructed as right-in/right-out only, coordinate the
design of the driveway with District Traffic staff.
4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and
5-foot sidewalk within 54-feet of right-of-way as proposed.
5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide
concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District
approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on
either side of any proposed center isla,nd within the turnaround. If a center island is
constructed within the turnaround, it shall be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with
a minimum area of lOQ-square feet and designed to safely charmel traffic. Coordinate the
size and design of any roundabouts located in the right-of-way with Traffic Services staff.
Any proposed hindscape islands/medians/roundabouts within the public right-of-way
shall be owned and maintained by a homeowners association. Notes ofthis should be
required on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 15 OF 21
7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50-
feet back from the near edge of Pine Street and Treva Way.
8. Other than the access points specifically approved with this application, direct lot or
parcel access to Ten Mile Road and Pine Avenue is prohibited.
9. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigati<:n 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 ofldaho shall prepare and certify all improvement plans.
6. The applicant shall submit revise4.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 aU applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road Impact
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to
ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 16 OF 21
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 wntten 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 reguhi.tory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
for duration of2 hours to service the entire project. Fire hydrants shall be placed an average
of 400' apart. 1997 UFC Appendix III-A
2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A
3. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
4. Pinal approval of the fire hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department.
5. All roads shall have a ttu:ning radius of28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UPC 901.4.2 & 901.3
7. 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.
8. The fire department requires that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING THE COURTY ARDS AT
TEN MILE - (AZ-03-009)
PAGE 17 OF 21
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer.
9. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of20' available at all times. UFC 902.2.2.1
D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
2. All Storm Drainage ~ust be retained on site.
3. All laterals and waterways must be protected.
4. The Developer must comply with Idaho Code 31-3805.
5. Narnpa & Meridian lrrigation District recommends that lITigation be made available to all
lots.
E. Adopt the Recommendations ofthe Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
fi..om 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 c~eate a mosquito breeding problem.
4. Stormwater shall be pretreated thIough a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and arehi.teets.involved with the design of the subject project shall obtain
current best management practices .for storm water disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F. Adopt the action of th~ City Council taken at their September 2, 2003 meeting as follows:
1. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the
bike lane, the bike lane shall be on the west side ofTen Mile, not the east side.
2. The developer shall be required to construct the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN WLE - (AZ-03-009)
PAGE 18 OF 21
e Construct an additional lane on Pine Street at the intersection ofTen Mile. This
additional lane will allow one tum lane for left turning movements, and another lane for
straight/right movements. The improvement should decrease the cut-through traffic
through the Thundercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
. Constmct an additional lane on the north leg ofTen Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straight/right movements.
. Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection,
abutting the church site.
3. For clarification, the developer proposes to phase the project construction. The first phase
shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase
2 being the office buildings. The larger commercial buildings shall be built later which
would be closer to the time ACHD is scheduled to build out Ten Mile and Pine.
4. The developer shall pave the additional width necessary to accommodate turn lanes and
wider shoulders. Sidewalks on the west side shall be within the existing ROW.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and'zoning designation ofthe real property which is the subject ofthe
application to (R-15) Medium High Density Residential District and (C-N) Neighborhood
Commercial and Meridian City Code ~ 11'-7-2.
5. Subsequent to the pas~age of the Ordinance provided for in section 4 oftms Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTThlG APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MJLE - (AZ-03-009)
PAGE 19 OF 21
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the fmal decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a fmal action ofthe 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 a judicial review as
provided by Chapter 52, Title 67, ldaho Code.
By action of the City Council at its regular meeting held on the
/6 71=. day of
~o/km~
" ,2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~4...-
COUNCILWOMAN TAMMY deWEERD
VOTED~
VOTED 1Ib~
COUNCIL WOMAN CHERIE Me CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED ~
FlNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE200F21
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 9-(,f~tJ3
-
VOTED
MOTION:
APPROVED:
X'
DISAPPROVED:
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Z:\Work\M\Meridianl1vferidian 15360M\The Courtyards atTen Mile AZ-03-009 PP-03-01O CUP-03-020\AZiitttlM0h.ler.doc
Attest:
BY~~~ated:
City Clerk
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN lVITLE - (AZ-03-009)
PAGE210F21
CITY OF MERIDIAN
ADA COUNTY, IDAHO
RESOLUTION NO.
&$- -1-/6
By: Kef d'L. IJircL
A RESOLUTION OF THE CITY OF MERIDIAN, ADA COUNTY, STATE
OF IDAHO, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT
ENTITLED INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT
[A MUTUAL AID AND JOINT EXERCISE OF POWER AGREEMENT] PROVIDING
FOR REGIONAL MUTUAL FIRE AND/OR MEDICAL EMERGENCY AND/OR
DISASTER AND/OR OTHER STATE OF EMERGENCY ASSISTANCE.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO, AS FOLLOWS:
SECTION 1: Findings:
1.1 This City has occasioned and is likely to occasion in the future a fire and/or
medical emergency and/or disaster and/or other state of emergency within its
boundaries which has required and is likely in the future to require more
Resources than this City can reasonably provide by itself; and
1.2 This City, together with neighboring Districts, Cities, Fire Districts and other
governmental entities, mutually recognize that each has a duty and responsibility
within their boundaries to respond to a fire and/or medical emergency and/or
disaster and/or other state of emergency; and
1.3 This City, together with neighboring Districts, Cities, Fire Districts and other
governmental entities could mutually provide to each other Resources or
otherwise provide support for and in response to a fire and/or medical emergency
and/or disaster and/or other state of emergency occurring within their respective
boundaries; and
1.4 It is in the best interests of the preservation oflife of persons and property found
within the boundaries ofthis City that the governing body of this City provide for
additional Resources in response to a fire and/or medical emergency and/or
disaster andlor other state of emergency; and
1.5 There has been a collective effort on the part of Cities, Districts and other
government entities who are potential parties to develop a written agreement
entitled "INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE
AGREEMENT [A Mutual Aid and Joint Exercise of Power Agreement,"
hereinafter referred to for convenience as IRMAA, a true and correct copy
of which is attached marked appendix 1.5] to provide the tenus and conditions
RESOLUTION - 1
upon which each could provide Resources or otherwise provide support for and in
response to a fire and/or medical emergency andlor disaster and/or other state of
emergency occurring within their respective boundaries and which serves as a
cooperative mutual aid and joint exercise of power agreement among Districts,
Cities, Fire Districts or other government entities both state and federal, and/or
subdivisions thereof; and
1.6 IRMAA provides for the facilitating of mechanisms for cost reimbursement for
responses to incidents which is of mutual benefit to all potential parties; and
1.7 This City has authority to enter into IRMAA as further set forth therein Article 2
and all preliminary approval of any state officials as required has been completed;
and
1.8 It is hereby found that it is in the best interests of this City that this City become a
party to IRMAA.
SECTION 2: Action:
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
DECLARATIONS, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN AS FOLLOWS:
2.1 The Mayor and City Clerk are authorized to execute lRMAA and to
thereby fully bind this City to the Agreement's terms and conditions; and
2.2 The City Clerk is directed to provide notice of this action as provided in
Section 14.6 of IRMAA.
2.3 EMERGENCY CLAUSE: The Mayor and City Council do hereby
adjudge that it is necessary for the immediate protection of the health and
safety of the persons and property found within this City that this
resolution shall take effect immediately upon its passage and approval, an
emergency is hereby declared to exist and this resolution will be in full
force and effect immediately upon its passage by the City Council.
RESOLUTION - 2
. ~~
PASSED BY THE CITY COUNCIL ofthe City of Meridian this 2b -day of
&cIvbtA./ ,2003.
APPROVED BY THE MAYOR of the City of Meridian this 21311.- day of
Oc/tJ~, ,2003.
ATTEST:
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I certify that the above resolution was duly adopted by the City Council of the
City of Meridian held on t7cfv~ 2- B ,2003 by the following vote:
Ayes: 4-
Nays: tJ
Absent: (J
RESOLUTION - 3
Draft Date
4/28/2003
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INTERlVIOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT
[A lVIutual Aid and Joint Exercise of Power Agreement1
THIS AGREEMENT made this 26 day of Oc-lv he v
and between the Parties as herein this Agreement defined.
Zoo 3 b
, y
NOW, THEREFORE, in consideration ofthe mutual terms, covenants, and conditions
contained herein and the recitals set forth above which are a material part of the Agreement, the
Parties agree as follows:
SECTION 1
DEFINITIONS
1.1 Agreement: Means and refers to this Agreement.
1.2 Ambulance District: Means and refers to any Ambulance Service District which is a
Party to this Agreement.
1.3 Central Notice: Means and refers to the Bureau of Disaster Services of the State of
Idaho and for purposes of the joint exercise of power provisions of state law shall serve as the
administrator.
1.4 City: Means and refers to any City which is a Party to this Agreement.
1.5 EMS: Means and refers to Emergency Medical Services.
1.6 EMS Resources: Means and refers to personnel and/or equipment which provide
licensed Emergency Medical and/or Ambulance Services.
1.7 Fire District: Means and refers to any Fire Protection District which is a Party to this
Agreement.
1.8 Incident: Means and refers to a fire and/or medical emergency and/or disaster and/or
other state of emergency which occurs within any of the boundaries of the Parties to the
Agreement which requires more Resources and/or EMS Resources, as the case may be, than the
Party can reasonably provide by itself.
1.9 Incident Command: Means and refers to the assumption of deployment of a
Responding Party's resources by the Requesting Party which occurs at such time as the
Responding Party's Resources report to the Requesting Party at the Incident.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-2
1.9.1 Incident Command may be further defined by an IRMAA Area Protocol developed
pursuant to Section 14.7. .
1.10 IRl\1AA: Means and refers to this Agreement.
1.11 IRl\1AA Protocol: Means and refers to a written agreement [see section 14.7] by and
among some of the Parties to this Agreement within a geographic area served by those Parties
providing for protocolls of their Requests and Responses to an Incident occurring within that
geographic area defined in the JRMAA ProtocoL
1.12 Licensed: Means and refers to the regulation and requirement to be licensed and/or
certified by the State of the Party as a condition of rendering Emergency Medical and/or
Ambulance Services.
1.13 Party/Designee: Means and refers to a Party's designation pursuant to Section 4.6 of
this Agreement of the personls to work jointly with the other parties to administer the
cooperative undertaking established in this Agreement.
1.14 Party/Parties: Means and refers to any Potential Party/Parties who have completed the
actions as required in Section 14.5 to become a Party to'this Agreement.
1.15 Personnel: Means and refers generically to any volunteer and/or employee of a Party.
1.16 Potential Party/Parties: Means and refers to any Ambulance District, City, Fire District
or other government entity whether state or federal, and/or subdivision thereof which has
Resources and/or EMS Resources and can respond to or otherwise provide support for an
Incident.
1.17 Requesting Party: Means and refers to any Party to this Agreement which suffers an
Incident, and which Party requests of another Party to furnish, loan and dispatch additional
resources to aid such Party.
1.18 Resources: Means and refers to persOlme1 and/or equipment capable of rendering aid in
response to an Incident and includes EMS Resources.
1.19 Responding Party: Means and refers to any Party to this Agreement which has been
requested by another Party to this Agreement to furnish, loan and dispatch such resources as
equipment and personnel under the terms of this Agreement.
SECTION 2
RECITALS AND ST ATE LAW PROVISIONS AND PARTY DECLARATIONS
2.1 Each Party Finds:
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-3
2.1.1 It is possible that an Incident could occur within the boundalies of any Party; and
2.1.2 It is in the best interests of each of the Parties and the residents, property owners
and other persons whom they serve to provide for additional Resources in response to an
Incident; and
2.1.3 Potential PartiesIParties have resources and/or are able to provide support in
response to an Incident.
2.1.4 They can provide for additional Resources in response to Incidents by a written
Mutual Assistance Agreement which serves as a mutual aid and joint exercise of power
agreement; and
2.1.5 They can facilitate mechanism or program which funds cost reimbursement for a
response to an incident by a written Mutual Assistance mutual aid andjoint exercise of power
agreement; and
2.1.6 Those Parties domiciled in the State of Idaho have authority to enter into this
agreement with other parties domiciled in the State of Idaho and Parties domiciled in other states
pursuant to the provisions ofIdaho Code Sections 67-2326,67-2328,31-1430, and 31-1430(A),
and
2.1.6.1 Those Parties which are State Agencies of the State ofIdaho have
authority to provide mutual aid, including personnel, equipment and other available resources, to
assist cities or political subdivisions in accordance with mutual aid agreements or at the direction
of the governor pursuant to the provisions of Idaho Code Section 67-2339; and
2.1.6.2 Those Parties domiciled in the State of Idaho who are Ambulance Districts
may enter into a cooperative agreement with adjacent counties to provide services within such
counties and the provisions of this Agreement shall be considered as such a mutual aid or
cooperative assistance agreement pursuant to the provisions of Idaho Code Section 31-3906.
2.1.7 Those Parties domiciled in the State of Oregon have authority to enter into this
Agreement with other parties domiciled in the State of Oregon and Parties domiciled in other
states pursuant to the provisions ofORS Sections 190.010 and 190.420.
2.1.7.1 Those Parties domiciled in the State of Oregon who participate in or who
have formed an Emergency management agency are empowered to perform emergency program
management functions within the territorial limits of the county or city and may perform such
functions outside the territorial limits as required under any mutual aid or cooperative assistance
agreement and the provisions of this Agreement shall be considered as such a mutual aid or
cooperative assistance agreement pursuant to the provisions of ORS Section 401.305; and
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-4
2.1.7.2 Those Parties domiciled in the State of Oregon which are Rural Fire
Protection Districts may operate or acquire and operate, or contract for the operation of, EMS
Resources both within and without the boundaries of the district by reason ofORS Section
478.260. Such Parties may conduct ambulance operations only in conformance with a county
plan adopted under ORS 682.205 for ambulance services and ambulance service areas and with
rules ofthe Department of Human Services of the State of Oregon relating to such services and
service areas. Service authorized under a county plan includes authorization for a district to
provide ambulance services by intergovernmental agreement with any other unit afloeal
government designated by the plan to provide ambulance services and this Agreement therefore
serves as an intergovernmental agreement for such Parties to provide EMS Resources.
2.1.8 Those Parties domiciled in the State of Washington have authority to enter into
this Agreement with other parties domiciled in the State of Washington and Parties domiciled in
other states pursuant to the provisions ofRCvV A 39.34.030.
2.1.8.1 The adjutant general and the director of each local organization for
emergency management in the State of Washington may, subject to the approval ofthe governor,
enter into mutual aid arrangements with emergency management agencies or organizations in
other states for reciprocal emergency management aid and assistance in case of an Incident too
great to be dealt with unassisted pursuant to the provisions ofRCWS 38.52.091.
2.1.8.2 The Governor of the State of Washington may on behalf of the State of
Washington enter into mutual aid arrangements with other states and territories, or provinces of
the Dominion of Canada and to coordinate mutual aid interlocal agreements betvveen political
subdivisions of the state of Washington to respond to an Incident pursuant to the provisions of
RCW A 38.52.050.
2.1.8.3 Those Parties domiciled in the State of Washington which are a code city
may participate in the creation of local organizations for emergency services, provide for mutual
aid, and exercise all of the powers and privileges and perform all ofthe functions and duties, and
the officers and employees thereof shall have the same powers, duties, rights, privileges and
immunities as any city of any class, and the employees thereof, have in connection with
emergency services as provided in chapter 38.52 RCW in the manner provided by said chapters
or by general law pursuant to the provisions ofRCW A 35A.38.010.
2.1.9 Those Parties domiciled in the State of Nevada have authority to enter into this
Agreement with other parties domiciled in the State of Nevada and Parties domiciled in other
states pursuant to the provisions ofN.R.~. 277.117 and N.R.S. 277.120.
2.1.10 Those Parties domiciled in the State of Utah have authority to enter into this
Agreement with other parties domiciled in the State of Utah and Parties domiciled in other states
pursuant to the provisions ofU.C.A. 1953 S 11-13-201.
2.1.10.1 Those EMS Resource service providers domiciled in the State of Utah
may pursuant to the provisions ofU.C.A. 1953 S 26-8a-402 enter into a mutual aid agreement to
INTERMOUNTAlN REGIONAL MUTUAL ASSISTANCE AGREEMENT-5
allow another EMS Resources service provider to give assistance in times of unusual demand
and may respond to an EMS Resources request that originates from the exclusive geographic
area of another EMS Resources service provider,
2.1.1 0.2 Those Parties who are Fire Districts domiciled in the State of Utah may
contract with any fire protection district, or with any town, city or municipal corporation or
governmental agency or private person or persons to consolidate or cooperate for mutual fire
fighting protection and prevention purposes; or, for mutual fire fighting, protection pursuant to
the provisions ofU.C.A. 1953 S 17A-2-615
2.1.10.3 Those Parties who are political subdivisions domiciled in the State of
Utah are authorized to enter into mutual-aid compacts with other political subdivisions within the
state of Utah concerning matters involving cooperative disaster response and recovery assistance
support pursuant to the provisions ofU.C.A. 1953 S 63-5a-9
2.1.11 Those Parties domiciled in states other than Idaho, Nevada, Oregon, Utah and
Washington have authority pursuant to the law of their state of domicile to enter into this
Agreement.
2.1.12 Those Parties which are created and exist by reason and virtue of Federal Law
have authority pursuant to the law of the United States of America to enter into this Agreement.
SECTION 3
SUPERSEDENCE AND TERMINATION OF EXISTING MUTUAL AID
AGREEMENTS
3.1 This Agreement shall supersede and terminate any existing mutual aid/assistance
agreementls [not including agreements referenced in section [14.4] between andlor among the
Parties only at such time as the Parties to the existing mutual aid agreement have become Parties
to this Agreement.
SECTION 4
NO SEPARATE LEGAL OR ADlVlINISTRATIVE ENTITY CREATED! JOINT
EXERCISE OF POWER AGREEMENT PROVISIONS
4.1 This Agreement does not create any separate legal or administrative entity.
4.2 There shall be no joint board and Central Notice shall serve as the administrator
established by this Agreement, which shall serve the special function of the receipt and
distribution of notice to the Parties as provided in Section 12 ofthis Agreement.
INTERMOUNTAIN REGIONAL lvfUTUAL ASSISTANCE AGREEMENT-6
4.3 The extent of the performance ofthis Agreement by any Party is financed by that Party
and therefore no budget will be established or maintained collectively by the Parties.
4.4 No property, either real or personal, will be acquired under the terms of this Agreement,
and no provisions are herein made for any disposition of property upon termination of this
Agreement by all Parties and/or upon the withdrawal of a Party from the Agreement.
4.5 This Agreement shall not relieve any public agency of any obligation or responsibility
imposed upon it by law except that to the extent of actual and timely performance thereof by a
joint board or other legal or administrative entity created by agreement made hereunder, said'
performances may be offered in satisfaction ofthe obligation or responsibility.
4.6 Pursuant to Idaho Code Section 67-2328(d) (1) and RCW A 39.34.030 each party to this
Agreement shall designate Party/Designee to work jointly with the other parties to administer the
cooperative undertaking established in this Agreement and to provide notice of the same to
Central Notice.
4.7 This Agreement shall be filed and opinions obtained in order to comply with joint
exercise of power law of the various states as follows:
4.7.1 For Parties Domiciled in the State of Idaho the Agreement will be filed with the
Idaho Secretary of State who will request an opinion of the Attorney General of the State of
Idaho that this agreement does not violate the provisions of the Constitution of the United States,
or the Idaho Constitution and statutes in order to comply with Idaho Code S67 -2329 because this
Agreement involves parties [public agencies] of two states; and
4.7.2 Before a State Agency of the state of Oregon as defined in ORS section 190.430
(3) becomes a party to this Agreement this Agreement shall be submitted to the Attorney General
ofthe State of Oregon to determine whether this Agreement is in proper form and compatible
with the laws of the State of Oregon to comply with ORS section 190.430. The Oregon State
Agency shall be responsible for any fees charged by the Attorney General ofthe State of Oregon
to comply with this process.
4.7.3 The State of Washington does not require review of this Agreement by the
Attorney General under its joint exercise of power law and in the event such a review is required
Central Notice will supply this Agreement for filing and review as may be required upon request
of a Party domiciled in the State of Washington subject to that Party tendering any required fee
for the filing and review.
4.7.4 Parties Domiciled in the State of Washington who are a Washington Fire
Protection District upon becoming a Party to this Agreement shall file a copy ofthe same with
the county auditor as required by RCW 39.34.040.
4.8 This Agreement shall not initially take effect until it has been filed with the Secretary of
State of the State of Idaho and an opinion has been requested and obtained by the Secretary of
State from the Attorney General ofthe State ofIdaho that this Agreement does not violate the
INTERMOUNTAIN REGIONAL:M1JTUAL ASSISTANCE AGREENIENT-7
provisions of the Constitution of the United States, or the Idaho Constitution, or the Statutes of
the State ofIdaho, in accordance with the provisions ofIdaho Code Section 67-2329, and not
until the Attorney General of the State of Oregon shall have determined that the Agreement is in
proper form and compatible with the laws of the State of Oregon in accordance with the
provisions ofORS 190.430 (1).
4.9 Prior to becoming a Party to this Agreement, any Potential Party in any state other than
Idaho, Oregon and Washington shall comply with any notice or opinion to a state agency as
required and provided by the state law ofthe state of domicile of the Potential Party, and
evidence of the completion of that process or that such process is not required_shall be provided
to Central Notice by the Potential Party together with a copy of the law ofthe state of their
domicile that authorizes them to be a Party to this Agreement.
SECTION 5
WORKERS' COMPENSATION COVERAGE
5.1 The Parties to this Agreement agree to maintain at all times coverage for workers'
compensation which is required by the Workers' Compensation law ofthe State within which
they are domiciled and will not respond to a request out of state unless the workers'
compensation coverage provided by that Party provides coverage to its Personnel for a response
in the state of the Requesting Party.
5.1.1 The parties agree that for purposes of workers' compensation coverage and benefits
that each party shall provide their personnel [employees as defined in the workers' compensation
law of the state ofthe Party's domicile] benefits for workers' compensation injuries under the
laws ofthe state ofthe domicile of the Party and in compliance with any then existing reciprocal
agreements for extraterritorial coverage for workers' compensation claims between the state of
the Party's domicile and the state within which the Party responds to an Jncident.
5.2 As provided in Senate Bi11507 of the 2001 regular session ofthe Oregon Legislative
Assembly, any Party which responds to an Incident in the State of Oregon at the time ofthe
response is either an employer that complies with ORS 656.017 or is an employer that is exempt
under ORS 656.126.
SECTION 6
MUTUAL AID REQUEST
6.1 Mutual Aid Request: Whenever a Party to this Agreement suffers an Incident, it may
make a request for Resources and/or EMS Resources ofthe other Parties in accordance with the
following:
6.1.1 Mutual Aid Request Protocol: The REQUESTING PARTY shall fIrst call the
Party whose Resources and/or EMS Resources are nearest the location of the Incident, and if the
lNTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-8
Incident requires additional Resources and/or EMS Resources the Requesting Party may then
make a request for Resources and/or EMS Resources upon additional Parties in the order of
closest Resources and/or EIvIS Resources proximity to the location of the Incident.
6.1.2 Release of Mutual Aid: It shall be the responsibility of the REQUESTING
PARTY to release the Resources and/or EMS Resources loaned by the RESPONDING PARTY
in a timely manner so as to insure that the Resources and/or EMS Resources loaned by the
RESPONDING PARTY are not needlessly detained. Upon completion of the work on an
Incident each Party participating shall render such assistance and help as is necessary to return
all Resources and/or EMS Resources to the owners.
6.1 J The REQUESTING PARTY shall be responsible for the replacement of any
special fire extinguishing agents used by a RESPONDING PARTY unless otherwise agreed
upon.
6.1.4 Except as otherwise herein specified, the REQUESTING PARTY shall not be
liable for any compensation to any RESPONDING PARTY for Resources and/or EMS
Resources provided under the terms of this Agreement.
6.1.4.1 In the event there is a mechanism or program which funds cost
reimbursement for a response to an incident and subject to the consent of the Requesting Party
each Responding Party may provide to the Requesting Party the current labor and equipment
rates of the Responding Party for the response to an Incident, and in the event the mechanism or
program for cost reimbursement will facilitate payment, this Agreement shall be considered an
agreement to pay such costs upon the condition the costs are reasonable and only to the limit that
the mechanism or program for cost reimbursement will pay the same.
6.1.5 The REQUESTING PARTY shall be solely responsible for any loss or risk of
liability to third parties, including costs and reasonable attorney fees arising out of and limited to
claims based upon the Requesting Party's exercise of Incident Command of the Resources.
SECTION 7
MUTUAL AID RESPONSE
7.1 Mutual Aid Response Considerations: Each Party agrees subject to the considerations
and limitations herein the Agreement provided for to furnish, loan and dispatch to an Incident in
the aid of the REQUESTING PARTY such Resources in accordance with this Section as the
RESPONDING PARTY in its discretion shall determine it may reasonably furnish.
7.1.1 Special considerations as to whether or not to respond may include but are
not limited to the following:
7.1.1.1 The RESPONDING PARTY'S need to provide such Resources
within its boundaries; and/or
INTERMOUNTAm REGIONAL lYfUTUAL ASSISTANCE AGREEMENT-9
7.1.1.2 The RESPONDING PARTY'S ability to legally provide EMS
Resources in circlUllstances when the REQUESTING PARTY is in a State other than the
domicile of the RESPONDING PARTY and the request for assistance involves EMS Resources
[considering Licensed requirements of the State of the Requesting Party]; and/or
7.1.1.3 The RESPONDING PARTY'S ability to comply, when the
REQUESTING PARTY is in a State other than the domicile ofthe RESPONDING PARTY,
with Section 5 of this Agreement to provide worker's compensation coverage for its Resources
in the State of the REQUESTING PARTY; and/or
7.1.1.4 The RESPONDING PARTY'S potential for exposure to third party
liability claims in amounts in excess ofthe coverage required and provided to the Responding
Party in compliance with Section 8.1.5 herein when the REQUESTING PARTY is in a State
other than the domicile ofthe RESPONDING PARTY; and/or
7.1.1.5 The REQUESTING PARTY is not compliance with the provisions of
Section 8.1 of this Agreement; and/or
7.1.1.6 When the location of the Incident is within the boundaries of a
Party which does not provide the type of Resources requested and/or is within the boundaries of
a Party which does not have reasonably sufficient Resources and the REQUESTING PARTY is
not willing and/or able to facilitate Resource cost reimbursement pursuant Sections 6.1.4 and/or
9.1 of this Agreement. [The intent afthis provision is to remind the Parties that a Party may in
its discretion determine not to respond: a) to an area which does not have tax supported
Resources of a Party and of the type requested and there is no plan for reimbursement of the
Responding Party. Most likely circumstance is when an Incident is within an area not within a
City or Fire District where a request for fire suppression resources has been made by a Party
that does not provide fire suppression resources; or b) to an Incident within the boundaries of
Party that does have tax supported Resources which are not reasonably sufficient}.
7.2 The RESPONDING PARTY, ifit determines to furnish Resources, shall deliver its
Resources to the location specified by the REQUESTING PARTY.
7.2.1 The RESPONDING PARTY shall report to the person designated by the
REQUESTING PARTY.
7.2.2 The Commanding Officer of the REQUESTING PARTY shall assume and
release Incident Command.
7.2.3 The RESPONDING PARTY shall not be required to assume overall
responsibility for or direct the efforts to respond to the Incident.
7.2.4 lfthe RESPONDING PARTY determines that its Resources are needed in its own
jurisdiction for afIre, medical emergency, disaster, or other state of emergency the
RESPONDING PARTY may return its Resources to its own jurisdiction.
INTERMOUNTAIN REGIONAL WJTUAL ASSISTANCE AGREEMENT-IO
j {
Ie
7.2.5 All Resources provided under the terms of this Agreement shall be returned to the
RESPONDING PARTY upon release by the REQUESTING PARTY or upon demand by the
RESPONDING PARTY for the return of its Resources.
SECTION 8
ALL PARTY RESPONSIBILITIES
8.1 It is the responsibility of Each Party:
8.1.1 To provide adequate training and/or certification and/or licensure oftheir
Personnel.
8.1.2 To be solely responsible to its own Personnel for the payment of wages and other
compensation and for workers' compensation coverage.
8.1.3 To be responsible for its own equipment and personnel and bear the risk of any
loss or damage to its equipment or injury to its personnel occurring as a result of a response to a
request under this Agreement.
8.1.4 To keep Central Notice currently informed of any changes of its address of
PartylDesignee and in a form substantially consistent with Appendix 8.1.4.
8.1.5 To maintain at all times in accordance with the law of its domicile or as required
by Federal Law as the case may be for each Party a policy or contract of insurance or
comprehensive liability plan as is required.
8.2 Each Party agrees to waive all claims against any other Party for compensation for any
loss, damage, personal injury, or death occurring in the performance of this agreement unless the
same may be provided for by a mechanism or program which funds cost reimbursement for a
response to an incident as provided herein sub section 6.1.4.1.
SECTION 9
LIEN WAIVER
9.1 RESPONDING PARTIES waive any right to any claim oflien for Resources provided may
be provided for by applicable state law in the jurisdiction of the Incident unless the
REQUESTING PARTY specifically authorizes the claim of lien.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-II
{
SECTION 10
FEES FOR EMS RESOURCES SERVICES
10.1 As may be required by the law of the state of domicile of a Party this Agreement For EMS
Resource providers this Agreement shall be considered an Agreement for the provision of EMS
Resource beyond the Party's boundaries.
10.2 RESPONDlliG PARTIES providing EMS Resources may charge the persons who are
the recipients of those services at an Incident in accordance with the duly enacted fee schedule of
the RESPONDJNG PARTY.
SECTION 11
DURATION
11.1 This Agreement shall commence initially at such time after the review of the Attorneys
General of the State of Idaho and State of Oregon as provided in Section 4.8 of this Agreement;
and at such time as a Potential Party's governing board has approved a resolution authorizing the
execution oftms agreement as provided in Section 14.5 and notice of the same together with the
identification of the Party/Designee has been provided to Central Notice and in a form
substantially consistent with Appendix 11.1.
11.2 This Agreement shall be perpetual.
11.3 A Party may terminate and withdraw its participation in this Agreement by providing
thirty [30] days advance written notice to Central Notice.
SECTION 12
NOTICE/CENTRAL NOTICE
12.1 All notice provided in this Agreement to be sent by a Party shall be sent to Central Notice.
12.2 Each Party may choose their preferences [As provided for in the IRMAA Notice of Action
To Be Patty] how they will send and receive notice from Central Notice by regular mail or
facsimile or e-mail.
12.3 Notice Effective Date: The effective date of notice given under this Agreement shall be
three (3) days after the date of posting with the U.S. Postal Service of notice sent to Central
Notice or upon the day of notice sent by facsimile or e-maiL
12.4 Central Notice. Central Notice shall:
12.4.1 Receive from the Party/s and distribute to all Parties the following:
INTERMOUNT AIl'I REGIONAL lvfUTUAL ASSISTANCE AGREEMENT -12
(
12.4.1.1 lRMAA Notice of Action To Be Party as provided in Section 11.1 and
Appendix 11.1 herein.
12.4.1.2 IRMAA Party Designee Change Notice as provided in Section 8.1.4
herein.
12.4.1.3 IRMAA Protocol Notice as provided in Section 14.7 and Appendix 14.7
herein.
12.4.2 Keep a current registry of the correct legal name and address of aU
Parties and their designees to this Agreement and a copy of the opinions of the Attorneys
General issued as referenced in Sections 4.8 and 4.9 ofthis Agreement.
12.4.3 Process proposals for amendment of this Agreement as provided in Section 13
herein.
12.4.4 Provide notice by regular mail or facsimile or e-mail to all Parties of the addition
of a new Party or the withdrawal of a Party and the identification of the Party/Designees which
may be provided at reasonable intervals as detennined by Central Notice in a form substantially
consistent with Appendix 12.1.4.
12.4.5 Receive and distribute notice ofIRMAA Protocol in a form substantially
consistent with Appendix 14.7.
12.4.6 Reject any incomplete or incorrect notice/amendment received provided for
herein this Agreement and notify the Party of rejection in a form substantially consistent with
Appendix 12.1.6.
12.4.7 Provide Notice to the Parties of Automatic Amendment pursuant to Section
13.1.14 ofthis Agreement in a form substantially consistent with Appendix 12.4.7.
12.5 Change of Party Serving as Central Notice: The Party serving as Central Notice as
designated in Section 1.3 may be changed to any other Party be amendment of Section 1.3 of this
Agreement by first giving thirty (30) days advanced written notice as provided in this Section to
all Parties.
SECTION 13
AMENDlVIENT PROVISIONS
13.1 This Agreement may only be amended in accordance with the following process:
13.1. 1 Any amendment must be proposed by not less than ten (10) Parties or ten percent
(10%) of the Parties to this agreement, whichever number is less; and
INTERMOUNTAIN REGIONAL :MDTUAL ASSISTANCE AGREEMENT-13
13 .1.2 A proposed amendment IRMAA Proposed Amendment and Ballot must be in
writing and include this entire Agreement as then existing and shall therein include a
strikethrough of any language to be deleted and underline of any new language of the
proposed amendment [hereinafter in this section referred to as Agreement Text] in a form
substantially consistent with Appendix 13.1.3.
13.1.2.1 A proposed JRMAA Proposed Amendment and Ballot may be in
e-mail form with approval of Central Notice and considering the capability of the Parties
to receive such.
13.1.3 An lRJ.\.1AA Proposed Amendment and Ballot shall contain in the same document
the following in the order herein provided: Statement of Purpose [which shall include a
statement of how the Parties will be affected by the amendment]; the Party to contact for
information; the amended Agreement text; and a ballot all of which shall be in a form
substantially consistent with Appendix 13.1.3.
13 .1.4 The proposing parties shall also prepare and submit to Central Notice a Restated
and Amended Agreement form for service by Central Notice in the event the proposed
amendment passes. [This is Agreement Text without strikethrough or underlining as
amended] The Title shall be in accordance with the following:
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT
{FIRST] AMENDED AND RESTATED
(A Mutual Aid and Joint Exercise of Power Agreement]
13.1.5 A proposed amendment shall also be submitted by the proponent Parties for
approval to the Secretary of State and Attorney General ofthe State of Idaho and the
Attorney General of the State of Oregon and any other state officer of any state of all then
parties' domiciliary [See Section 4 herein] as required by the law of those states for
approval in writing which must be submitted with the proposed amendment to Central
Notice.
13.1.6 The Amendment proposal [Agreement Text], Statement of Purpose, and approval
letters as required from Attorney General offices, and a Restated and Amended
Agreement form shall be served upon Central Notice by the proponent Parties.
13.1.7 Central Notice shall determine ifthe IRMAA Proposed Amendment and Ballot is
in compliance with this section and shall advise the proponent Parties of the estimated
cost of giving notice for the submission of the Amendment proposal which shall include
all costs associated with receipt of votes and notification to parties of the results which
shaU be paid by the proponents Parties as a condition of the submission ofthe
Amendment for a vote by the Parties.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-14
13.1.8 If the Amendment proposal is in compliance with this Section and the estimated
costs have been tendered to Central Notice the IRlvIAA Proposed Amendment and Ballot
shall be served and submitted to the Parties to this Agreement by Central Notice with a
IRMAA Amendment Ballot Notice cover sheet in a form substantially consistent with
Appendix 13.1.8.
13.1.9 Vote needed to approve an amendment to this agreement:
13.1.9.1 Fifty One percent [51%] of votes cast if the amendment is required
by the law of a state of the domicile of a Party or by Federal Law.
13.1.9.2 Sixty Six percent [66%J of votes cast if the proposed amendment
involves proposed amendment to the provisions of Section 4 oftms agreement relative to
creation of a legal entity, board or organizational structure, the ownership of property and
or the creation of a budget unless the same is required by the law of a state of the
domicile of a Party or by Federal Law.
13.1.9.3
amendments.
Fifty One percent [51 %] of votes cast for all other proposed
13.1. 10 Parties must submit their authorized Ballot to Central Notice in
accordance with service of notice as provided in this Agreement within Seventy [70J days
of the date of the cover notice with the Ballot from Central Notice.
13.1.11 Parties opposing the Amendment proposal may submit an Opposition
Statement to Central Notice who shall estimate the costs of service of the Opposition
Statement which shall be paid by the Parties opposing the Amendment as a condition of
the submission of the Opposition Statement to the Parties.
13.1.12
Central Notice shall tally the votes cast within a reasonable time.
13.1.13 Central Notice shall then give notice to the Parties ofthe results ''Notice of
Amendment Vote" and in the event the amendment passes Central Notice shall also
include with notice to the parties the Restated and Amended Agreement in a form
substantially consistent with Appendix 13 .1.13.
13.1.14 Automatic Amendment: The Parties agree to automatically amend this
Agreement in the following events:
13.1.14.1 A state law which is referred to in Section 2 ofthis Agreement is
repealed and/or recodified and any sub-section of Section 2 so affected shall be
automatically amended by notice to the Parties from Central Notice with a copy ofthe
Amended and Restated Agreement and a copy of the legislative action.
13.1.14.2 There is a change ofthe Party serving as Central Notice as
provided in Section 12.5.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-IS
SECTION 14
GENERAL PROVISIONS
14.1 No Liability For Not Responding: No liability shall be imposed upon or attached to a
Party for not responding or furnishing Resources and/or EMS Resources to an Incident
14.2 Third Party Beneficiaries. Each Party to this Agreement intends that this Agreement
shall not benefit or create any right or cause of action in or on behalf of any person or legal entity
other than the Parties hereto.
14.3 Severability. Should any term or provision of this Agreement, or the application thereof
to any person, parties, or circumstances, for any reason be declared illegal or invalid, such
illegality or invalidity shall not affect any other provision of this Agreement and this Agreement
shall be construed and enforced as if such illegal or invalid provision had not been contained
herein.
14.4 Non-Replacement of Special Agreements. This Agreement does not amend or replace
and/or otherwise affect existing or future agreements between any of the Parties regarding
Automatic Aid or Hazardous Materials Response or any other specific response agreement.
14.5 Counterparts and Process to become a Party. This Agreement will be executed and
delivered in counterparts, one for each party, and at such time as the governing board of a
Potential Party adopts the necessary resolution authorizing the execution of the counterpart and a
written notice thereof [including a copy ofthe resolution or other authorizing act of its governing
board] is provided to Central Notice, this Agreement shall then be in full force and effect to such
Parties and shall have the force and effect of an original, and copies of the signature pages of all
counterparts shall be provided to all parties to this Agreement by Central Notice.
14.6 Captions. The subject headings of the paragraphs and subparagraphs of this agreement
are included for purposes of convenience only and shall not affect the construction of
interpretation of any of its provisions.
14.7 IRMAA Protocol: An IRMAA Protocol maybe established by Parties within certain
geographic areas served by the Parties which shall be subject to the terms and conditions of this
Agreement. A copy of an lRMAA Protocol shall be provided to Central Notice and in a form
substantially consistent with Appendix 14.7.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT -16
(
IN WITNESS WHEREOF, the undersigned party has by action and/or authority of its
governing board caused this Agreement to be executed this 26 day of OCTr7 be r- , 2003
CITY OF MERIDIAN
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INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-l 7
APPENDIX 8.1.4
IRMAA PARTYIDESIGNEE CHANGE NOTICE:
To: Central Notice:
From IRMAA PARTY:
name of Party)
Address:
[correct legal
lv/ailing
Phone
Emergency Phone
Fax
E-mail
Date:
Please take notice that the above named Party designates the following as its
Party/Designee under IRMAA:
Signature:
Authorized Agent
INTERl\10UNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT -18
APPENDLX 11.1
IRilfAA NOTICE OF ACTION TO BE PARTY:
To: Central Notice:
From: IRMAA PARTY [correct legal
name of Party)
Identify Type of Government Entity and Resources Provided [i.e. Rural Fire
District/City/ Ambulance District/ etc].
State of Domicile:
County/s of Domicile:
Address: Mailing
Phone
Emergency Phone
Fax
E-mail
Request Order of Preference for Notice be given and received:
Mail
Fax
E-mail
Date:
Please take notice that the above named by action of its governing board [A copy of
which is submitted together with this notice) has become a Party to IRMAA.
This Party designates the following as its Party/Designee under IRMAA:
Sign:
Authorized Agent
INTERMOUNTAIN REGIONAL :MDTUAL ASSISTANCE AGREEMENT -19
APPENDIX 12.4.4
IRlVIAA CENTRAL NOTICE OF ADDITIONAL P ARTYIWITHDRA W AL OR CHANGE
IN DESIGNEES
From: Central Notice
Date of Notice:
To: all IRMAA Parties:
Please take notice of the Attached:
Notice of Additional Party
Change In Party Designee:
Withdrawal of Party:
INTERMOUNTAlN REGIONAL MUTUAL ASSISTANCE AGREEMENT-20
APPENDIX 12.1.6
IRMAA CENTRAL NOTICE REJECTION NOTICE:
From: Central Notice
Date of Notice:
To: IRMAA Party:
Please note that your Notice of
Has not been accepted by Central Notice and Notice thereofwill not be given to the
Parties at this time for the reason/s herein marked:
Notice was Incomplete:
Notice was not in the correct form:
Notice is not provided for in IRMAA:
Amendment proposal not complete:
Other Reason:
You are advised to consult the provisions of IRMAA and resubmit
Signature: Authorized Agent
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-21
IRMAA APPENDIX 12.4.7
Central Notice of Automatic Amendment
To: All IRMAA Parties
From: Central Notice
Date:
Please take notice that there has been in accordance with the provisions of Section 13.1.14 of
IRMAA an automatic amendment due to repealed or recodification to a state law.
Attached hereto is the new IRMAA Agreement as amended and restated for your records and a
copy of the legislation.
INTERMDUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-22
IRl\tIAA APPENDIX 13.1.3
IRMAA AJl;lENDMENT PROPOSED AJ1;lENDMENT AND BALLOT
To: Central Notice
From: IRMAA Party
Estimated Costs of service of Notice: / Paid
Copy of Opinion Letter Attorney General of Idaho and Oregon attached:_
A clean form of the INTERMOUNTAIN REGIONAL MUTUAL
ASSISTANCE AGREEMENT [FIRST] AMENDED AND
RESTATED [A Mutual Aid and Joint Exercise of Power Agreement]is attached
for service upon the parties by central notice if the amendment passes.
Sponsor: [must have correct legal of at
least 10 Parties or 10% of Parties which ever is less] who sponsor this lRMAA
Amendment.
Name of Amendment Sponsoring Parties:
Copy of Authorization of each Sponsoring Party attached
Percentage of vote needed to pass amendment:
Statement of purpose of the Amendment:
What Parties will be affected and how:
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-23
For Information regarding the prolJosed [RlvIAA amendment contact the following:
The vrolJosed Amendment is as follows:
The title of anv amendment shall be in accordance with the following:
INTERlVIOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT
[FIRST] AMENDED AND RESTATED
[A Mutual Aid and Joint Exercise of Power Agreement]
herein set forth the entire text of the then existing Agreement and therein include a strikethrough
of any language to be deleted and underline of any new language of the proposed amendment
[i.e. 13.1.12 Seventy Five percent [75%]ofvotes cast for all other proposed amendments.]
IRMAA AlVIENDMENT BALLOT
Please note as a Party to the above referenced Agreement you are entitled to vote on the above
stated Amendment.
Your ballot must be submitted to Central Notice within 70 days [ten weeks] of the date of the
cover notice submitted with this Ballot from Central Notice [Place and X in the appropriate
space below]
In favor of amendment
Opposed to amendment
By:
[Name of Party] Action taken by Governing Board
[ date]
illTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT -24
IRMAA APPENDIX 13.1.8
IRlVIAA Amendment Ballot Notice
To: All IRMAA Parties
From: Central Notice
Date:
Attached hereto is an IRMAA APPENDIX 13.1.3
IRMAA Ai}fENDJlfENT PROPOSED AMENDMENT AND BALLOT
Please note that YOll must provide Central Notice with your ballot on or before the _day of
INTERMOUNT AIN REGIONAL MUTUAL ASSISTANCE AGREEMENT -25
. - ~. -- --~-- -- ~ - - .. -
u o. _.'._ ~
IRMAA APPENDIX 13.1.13
Notice of Amendment Vote
To: All IRMAA Parties
From: Central Notice
Date:
Please take notice that the IRA-1AA AA'IENDMENT PROPOSED AMENDll1ENT AND
BALLOT vote submitted {date}
Passed:
Failed:
Votes in favor: Votes Opposed:
Attached hereto [when passed] is the new IRMAA Agreement as amended and restated for your
records.
INTERMOUNTAlN REGIONAL MUTUAL ASSISTANCE AGREEMENT-26
IRMAA APPENDIX 14.7
IRMAA PROTOCOL NOTICE
Date of Notice:
To: Central Notice:
From: IRMAA Party
of Party
IRMAA Protocol Name: [i.e. Southwest Idaho Eastern Oregon IRMAA
Protocol/Inland Empire IRMAA Protocol/Southeast Idaho IRlvfAA Protocol).
The Parties to Protocol are:
.
.
[correct legal name
Copy of IRMAA Protocol attached
Copy of Authorization of each Party to Protocol attached
Signature: Authorized Agent
CENTRAL NOTICE ROUTING:
To: AlllRMAA Parties
Date:
Please take notice that the attache IRA1AA Protocol is now registered with Central
Notice.
Signature: Authorized Agent.
Z:\Work\K\Kunll Fire 19787\r-tlutual Ai.d 19787.003\ValleyWideAgr.meet.doc
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-27
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IRMAA NOTICE OF ACTION TO BE PARTY
To: Central Notice
From: City of Meridian
Identify Type of Government Entity and Resources Provided: City
State of Domicile: Idaho
County/s of Domicile: Ada County
Address: 540 E. Franklin Rd.
Phone: (208) 888-1234
Emergency Phone: 911
Fax: (208)
E-mail: silvaj@meridiancity.org
Request Order of Preference for Notice to be given and received:
Mail:
Fax:
E-mail:
Date:
Please take notice that the above named by action of its governing board [A copy of
which is submitted together with this notice) has become a Party to IRMAA.
This Party designates the following as its Party/Designee under IRMAA:
Fire Chief
Signed:
IR1\1AA NOTICE OF ACTION TO BE PARTY
tJRIGINAL
October 24, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Finance Department
October 28, 2003
ITEM NO.
~1- cT
REQUEST
Finance Report:
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:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY of MERIDIAN
FINANCE REPORT
September 2003
Table of Contents
REPORT NAME
Long Term I nvestment Status
I nvestments and Cash
WWTP - Budget to Actual Comparison
WATER - Budget to Actual Comparison
Utility Sales Revenue Comparison
General Fund Expenditures - Budget to Actual Comparison
General Fund Revenue - Budget to Actual Comparison
Special Service Fund - Budget to Actual Comparison
Overtime Report for FY2003
Police Dept Monthly Overtime
Fire Dept Monthly Overtime
Vacant Position Report
Capital Purchases Report - General Fund
Capital Purchases Report - Enterprise Fund
Amendment
General Fund Summary
Special Service Fund Summary
Enterprise Fund Summary
Revenue & Expenditure Reports from accounting software
1 of 52
PAGE#
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
CITY OF MERIDIAN
LONG TERM INVESTMENT STATUS
AS OF 9/30/2003
INTEREST BEARING ACCOUNTS
PORTFOLIO DISTRIBUTION
II Government Bonds
o Certificates of Deposit
1Il Advisor Money Market
$1,053,043
EI Checking
III Money Market
r!!IWells Fargo Bond Reserve
III Idaho State Pool
CASH & INVESTMENT TYPE - NET YIELD
0.04
0.035
0.03
0.025
0.02
0.015
0.01
0.005
o
1;,.":> &~ <eo'rt> c"" ...c 0'
0<' c'" ~ V' c.~ !I~ eo' - ~o
~ ",0 ;..,,:>0 ....e <Ii- ",,-e'" ...c
,^c~"" !!> 0 1;,.4 "V e-\ 1;,. ..... ~,,"1J'
~o,. ...e ~ _..0(1' 0(1' >>0
e ",c.1J' V' ..J.<( ~ .1;,.1J'
04 f.~' ,,~ ..
G "e
$579,539
Investment Account Balance
by Fund
$986,170
$1,091,809
$3,507,332
D General Fund
1:1 Cap Improve Fund
$2,503,567
II Enterprise Fund
EI Fire Truck Fund
II Latecomer Fund
II Special Service Fund
III Park Impact Fees
2 of 52
CITY OF MERIDIAN
INVESTMENTS AND CASH
9/30/2003
INTEREST RATE HISTORY
5.00%
4.00%
C
-J 3.00%
~ 2.00%
1.00%
0.00%
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MONTH
$1,600,000 .
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
Investment Income - Budget to Actual Comparison
. I nterest I ncom e
Total Budget
iii Interest Income
Budget YTD
o Interest Income
Actual YTD
II Interest Income
Prior YTD
General
Special Service
Enterprise
COMPARISON - INVESTMENT & CASH BALANCES
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
. FY2003
D FY2002
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CITY of MERIDIAN
UTILITY SALES REVENUE COMPARISON
for Period Ending 9130/2003 DRAFT
Water Dollar Percentage WWTP Dollar Pe rcentage
Month FY2002 FY2003 Change Change Month FY2002 FY2003 Change Change
October $357,563 $276,042 -$81.521 -22.80% October $221,063 $324.870 $103,807 46.96%
November $203,611 $214,536 $10,925 5.37% November $240,097 $339,620 $99,523 41.45%
December $149.145 $141,050 -$8,094 -5.43% December $254,195 $283,145 $28,950 11.39%
January $151,301 $155,770 $4,469 2.95% January $255,736 $329,145 $73,409 28.71%
Feburary $ 1 58,240 $147,265 -$10,975 -6.94% Feburary $261.926 $31 1 ,595 $49,669 18.96%
March $ 1 46,909 $142,265 -$4,644 -3.16% March $235.264 $296,694 $61,429 26.11%
April $174,751 $158,136 -$16,615 -9.51% April $252,716 $320,870 $68.154 26.97%
May $241,894 $200,121 -$41.773 -17.27% May $257,080 $336,811 $79,732 31.01%
June $408,431 $324,371 -$84,061 -20.58% June $277,368 $359,079 $81,711 29.46%
July $363,936 $428,864 $64,929 17.84% July $356,038 $367,646 $11,607 3.26%
August $406,124 $418,197 $12,073 2.97% August $334,856 $368.848 $33,991 10.15%
September $359.824 $380,460 $20,636 5.73% September $346.096 $416,655 $70.560 20.39%
WATER SALES REVENUE
$500,000
$450,000
$400,000
$350,000
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$400,000
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CITY OF MERIDIAN
VACANT POSITION REPORT
AS OF September 30, 2003
Date
Department Job Position Filled New Vacant
Crime Prevention Specialist 1011/2001
John A Overton Captain (Musser) 9/112003 713112003
Police Lieutenant (Bowman) 711512003
Robert Stowe Police Lieutenant (Overton) 911112003 911/2003
Sergent (Stowe) 9/11/2003
Operator II 10/112002
Water Work Person (Arte) 3/1212003
Part-Time Seasonal 10/1/2002 Varies
Recreation Superintendent (Arreola) 811/2003
Staff Engineer or Engineer Tech I or II
CIS Rep (Cooke)
13 of 52
Carryforward BUDGET PURCHASES Bud fa Act
Dept Acct Description FY2002 Amount FY2003 YTD Variance Notes
Mayor 94300 computer. desktop 1,500.00 1,562.62 (62.62) replace #48
Council 96001 Municipal Center 2,322.00 (2,322.00)
Finance 94200 desk & chair 1.200.00 1,200.00 0.00 IT coordinator
Finance 94300 computer. desktop 1,500.00 1,200.66 299.34 replace #463
Finance 94300 computer. desktop 1,500.00 1,200.66 299.34 replace #464
Finance 94300 computer. desktop 1,500.00 1,200.66 299.34 replace #461
Finance 94300 computer. desktop 1,500.00 1,200.66 299.34 replace #462
Finance 94300 computer. laptop 2,000.00 1,833.19 166.81 IT coordinator
Finance 94300 Superstack 3 Switch 1,105.95 (1,105.95) network hardware not in budget.pd w/savings
HR 94200 desk & chair 1,700.00 1,547.48 152.52 HR Analyst
HR 94300 computer - desktop 1,500.00 1,321.31 178.69 replace #308
HR 94300 computer - desktop 1,500.00 1,470.32 29.68 HR Analyst
Police 94100 Vehicle. investigations 20,000.00 15,795.77 4,204.23 replace #3
Police 94100 Vehicle - investigations 20,000.00 16,706.54 3,293.47 replace #11
Police 94100 Vehicle. investigations 20,000.00 22,255.80 (2,255.80) #37 Enhancemenl#7 promote officer to investigato
Police 94100 Vehicle - patrol 20,000.00 22,052.30 (2,052.30) replace #26
Police 94100 Vehicle - patrol 40,000.00 43,657.21 (3.657.21 ) replace #29
Police 94100 Vehicle. patrol 28,500.00 30,829.62 (2,329.62) replace #24
Police 94100 Vehicle. patrol 27,000.00 33,110.15 (6,110.15) replace #31
POlice 94100 Vehicle - patrol 40,000.00 36,388.45 3,611.55 #36 Enhancement#3 new patrol officers
Police 94100 replace 2 Astra Spectra Radios 5,550.00 5,531.36 18.64 capital items PO budgeted in operating
Police 94200 desk I work station 1,500.00 1,500.00 Enhancemenl#4 Crime Analyst
Police 94200 desk I work station 1,000.00 1,000.00 Enhancemenl#5 records clerk
Police 94300 computer - desktop 2,000.00 1,921.00 79.00 replace #4155
Police 94300 computer - desktop 2,000.00 1,509.99 490.01 replace #4157
Police 94300 computer. desktop 1,500.00 1,467.08 32.92 replace #438
Police 94300 computer - desktop 1,500.00 1,447.08 52.92 replace #4067
Police 94300 laptop computer 1,857.00 (1,857.00) extra Laptop not in budget pd w/savings
Police 94300 Computer & Software 6,000.00 6,000.00 Enhancemenl#4 Crime Analyst
Police 94300 Computer & Software 2,000.00 1,467.08 532.92 Enhancement#5 records clerk
Police 94400 Glock Handguns 18,000.00 17,622.00 378.00 replace Smith & Wesson handguns
Police 94400 L1DAR speed detect device 4,500.00 2,916.00 1,584.00 Enhancement#3 new patrol officers
Police 94400 Video 2001 system 4.500.00 4,495.00 5.00 purchase for OUI grant
Police 94400 Treadmill & Stepper 6,600.00 6,194.00 406.00 approved in Aug2003
Police 96011 carryfolWard 17,902.20 7,208.80 10,693.40 Tvcabling,handrails
Fire 92300 Latecomer fees 2,700.00 0.00 2,700.00 Enhancement#1 new fire station
Fire 93302 Opticom 16,000.00 23.928.76 (7,928.76) Enhancement#6 opticom
Fire 94200 turnout racks,furniShingS,tools&propane 28,000.00 5,002.06 22,997.94 Enhancement#l new fire station
Fire 94300 computer - desktop 2,000.00 1,193.17 806.83 Enhancement#1 new fire station
Fire 94300 computer - desktop 1,500.00 1,193.17 306.83 replace #2501
Fire 94300 computer. desktop 1,500.00 1,441.87 58.13 replace #2015
Fire 94300 computer 0.00 1,066.00 (1,066.00) extra computer purchased w/savin9s
Fire 94400 defiberaltor & oximeter & MG140 4,000.00 1,969.23 2,030.77 Enhancemenl#1 new fire station
Fire 94400 SCBA test bench 6,500.00 6,500.00 Enhancement#5 equipment
Fire 94600 base station 3,800.00 3,800.00 Enhancemenl#1 new fire station
Fire 94600 phone system 5,000.00 5,000.00 Enhancement#1 new fire station
Fire 96999 Firetruck #301 pumper 152,000.00 151,139.27 860.73 Fire Truck
Fire 94125 equipment for New Pumper 22,000.00 21,492.06 507.94 equipment for new truck
Parks 91000 Land purchase 94,060.00 181,000.00 283,307.32 (8,247.32) Enhancement#2 Borup property
Parks 93405 Phase II improvements 18,517.07 281,620.00 4,755.00 295,382.07 Enhancement#8 Storey Park
Parks 93409 playground equipment 38,000.00 29,525.03 8,474.97 Enhancemen1#4 Chateau
Parks 93411 Skate Park construction 11,847.30 32,689.59 (20,842.29) carryfolWard money was only $11,847.30
Parks 94100 Vehicle 20,000.00 14,535.57 5,464.43 money from ACHO eastment purchase
Parks 94401 lawn mower 8,095.00 8,095.00 0.00 replace #2097 Toro Groundmaster
Parks 96156 Adventure Island Playground 50,000.00 50,000.00 100.000.00 Enhancemenl#9
Parks 96902 basketball courts 11,000.00 11,000.00 Enhancemenl#7 Bear Creek
Parks 96902 restroom construction 135,000.00 32,215.83 102.784.17 Enhancemenl#7 Bear Creek
Parks 96903 Settlers improvements 611,114.72 131,000.00 395,853.93 346,260.79 Enhancemenl#3 landscape,sidewalk
Parks 96920 Kiwansis construction 6,110.00 (6,110.00)
Parks 96910 Centennial construction 30,000.00 30,000.00 money from ACHO eastment purchase
P&Z 94100 Vehicle 14,000.00 14,000.00 replace 1991 Chevy Caprice
P&Z 94100 Vehicle 15,000.00 15,000.00 0.00 Enhancement#1 Code Enforce Coordinator
P&Z 94300 Computer & Software 3,000.00 2,868.02 131.98 Enhancement#2 new Planner II
contribution to Capital Improvement Fund 971,490.00 585,467.00 386,023.00 SpecialSvc Funds (FY2002 & 03 equity)
excess carryforward I 560,787.71
General Fund TOTAL Capital for FY2003 1,516,229.00 2,269,755.00 1,910,445.61 1,314,750.68 I
CITY of MERIDIAN
FY2003 Budget to Actual Capital Outlay
GENERAL FUND
YTD 09/30/2003
14 of 52
Carryforwa rd BUDGET PURCHASES Bud 10 Act
Depl Accl Description from FY2002 for FY2003 FY2003 YTD Variance Notes
MUSS 92000 new front counter 10,000.00 4,220.18 5,779.82 Enhancement#2 front counter
MUSS 94300 computer. desktop 1.500.00 1,500.00 replace #523
MUSS 94300 computer. desktop 1,500.00 1,500.00 Enhancement#2 front counter
PW 94100 Vehicle. 4wd 21,230.00 17,057.89 4,172.11 Enhancement#5 additional vehicle
PW 94200 bookshelves 1,000.00 1,000.00 Enhancement#8 bookshelves
PW 94200 desk! work station 1,500.00 1,500.00 Enhancement#6 new Staff Engineer
PW 94300 computer. desktop 4,000.00 3,682.00 318.00 replace #1042
PW 94300 computer. desktop 2,200.00 2,209.00 (9.00) replace #1060
PW 94300 computer. desktoo 2,200.00 1,066.00 1,134,00 replace #1083
PW 94300 computer. laptop 3,400.00 3,499.56 (99.56) Enhancement#3 technology
PW 94300 computer & software 2,200.00 1,066.00 1.134.00 Enhancement#6 new Staff Engineer
PW 94300 prinler. workgroup laser 1,200.00 1,183.20 16.80 Enhancement#3 technology
printer. color lase~et 0.00 4.830.13 (4.830 13) purChased from savings
PW 94300 selYer 7.500.00 7,751.00 (251.00) Empire settlement money from FY02
Water 93301 upgrade telemetry system 7,785.00 10.000.00 17,785.00 Enhancement #10
Water 94100 Vehicle. pickup 18.000.00 13,834.87 4.165.13 replace 1991 Ford Pickup
Water 94100 Vehicle. pickup 18.000.00 13,834.87 4.165.13 Enhancement#1 new well tech
Water 94300 computer - desktop 2,200.00 1,562.62 637.38 replace #3583
Waler 94300 computer. desktop 2,200.00 1,562.62 637.38 replace #3073
Water 94300 computer. desktop 2,200.00 1,562.62 637.38 Enhancement#1 new well tech
Water 94400 Well #11 Fault Assy Unil 7,000,00 6,620.00 380.00 budgeted in operating. amend to capital
Water 94400 Well #15 Fault Assy Unil 13,000.00 12,660.00 340.00 budgeted in operating. amend to capital
Water 96111 WaterTower Up9rade 89,872.94 (32,000.001 42.602.19 15,270.75 carryforward
Water 96131 Well #10 landscape 23,237.50 19.310.00 3.927.50 carryforward
Water 96133 Well #22 0.00 0.00 no carryforward overbudoet from 02
Water 96140 Waterline Extensions 600,000.00 571.656.03 28,343.97 Enhancement #7
Water 96147 Waterline Extensions 276,348.61 85,474.83 190,873.78 carryforward
Water 96148 Well #23 45.537.18 26,000.00 997.89 70,539.29 carryforward
Water 96149 Well #24 103,018.99 213,000.00 297,026.48 18,992,51 Enhancement #2
Water 96150 Well #25 199.959.00 300,000.00 60,668.48 439.290.52 Enhancement #4
Water 96157 Well #26 223,000.00 223.000.00 Enhancement #3
Water 96158 Well #27 200,000.00 200,000.00 Enhancement #9
Water 96999 carryforward 678,739.78 Water excess carryforward
WWTP 3590 96999 carryforward 1,115,595.00 WWTP excess carryforward
WWTP 3590 93505 Sewerline extensions 1,010,861.34 (339,96200) 570,032.55 100,866.79 carryforward
WWTP 94100 Kawasaki Mule for WWTP 6.000.00 5,683.35 316.65 Enhancement #1
WWTP 94200 desk,chair new Biosolids office 2.000.00 2,000.00 Enhancement #1
WWTP 94200 desk. chair new WWTP office 2,000.00 2.372.37 (372,37) Enhancement #1
WWTP 94300 computer - desktop 2,200.00 1.394.00 806.00 Enhancement #1
WWTP 94300 comouter . desktop 2,200.00 1,360.85 839.15 Enhancement #1
WWTP 94300 Computer SelYer 6,500.00 5,914.73 585.27 Not Budgeted to come from 94600 budg
WWTP 94400 E.coli waterbath equiD 2,000.00 2.000.00 Enhancement #1
WWTP 94400 Effluent Sampler 5,500.00 5.500.00 reolace #3671
WWTP 94400 Gantry Crane portable 3.000.00 3,185.07 (185.07) Enhancement #1
WWTP 94400 Inf.-ared Moisture Analyzers for Lab 3,200.00 2,060.00 1,140.00 Enhancement #1
WWTP 94400 Isca portable sampler 5,000.00 4,542.00 458.00 replace #10373
WWTP 94400 Isca portable sampler 5,000.00 5,000.00 Enhancement #1
WWTP 94400 Line Locator for collections 2,000.00 2.774.93 (774.93) Enhancement #1
WWTP 94400 Microfilm Reader 2,000.00 2,000.00 Enhancement #1
WWTP 94400 SamplingfTesting equip for Pretreatment 19.500.00 17.739.36 1,760.64 Enhancement #1
WWTP 94400 Diesel Tank 11,957.60 14,910.00 (2,95240) carryforward
WWTP 94600 phone system 8.500.00 3.750.75 4,749.25 Enhancement jffl
WWTP 3590 96109 UV!5mile Outfall 260,031.71 (123,50000) 18,311.60 118,220.11
WWTP 96141 WWTP Generator #3 25.443.53 25,443,53
WWTP 3590 96142 South Slough Sawer Ext 925.640.62 504,282.00 1,190,538.96 239,383.66
WWTP 3590 96143 WWTP City water project 16.900.46 16,900.46
WWTP 3590 96144 Ashford Lifl Station upgrade 274.73 (274.73) now monitoring
WWTP 3590 96145 WWTP NonPotable water project 82.669.10 82,669.10
WWTP 3590 96151 Predesian of WWTP projects 198,488.79 73,500.00 146,191.84 125,796.95 Enhancement #3
WWTP 3520 96152 80ise River Outfall/Creek Crossir 69.893.64 475,107.00 354.714.91 190,285.73 Enhancement #4
WWTP 3590 96154 Tertiary Filter By-Pass 19,401.00 19,401.00
WWTP 3590 96155 Thickener Project 427,242.21 600,000.00 559,316.23 467,925.98 Enhancement #2
WWTP 3590 96159 Centrate Basin Construction 200,000.00 200,000.00 Enhancement #7
WWTP 3510 96160 Digester Gas Line Modification 22,000.00 6,809.25 15,190.75 Enhancement #9
WWTP 3510 96160 Methane Gas Alarm for Digester 5,000.00 5,000.00 Enhancement #9
WWTP 3590 96162 BlckCat Trunklina/Un pre design 669,000.00 106.499.82 562,500.18 Enhancement #11
enterprise addition for fund bal 378,992.00 378,992.00 budgeted revenues exceeded expenditur
Enlerprise TOTAL Capital for FY2003 5,588,624.00 4,203,049.00 4,194,315,76 3,803,022.46 -I
CITY of MERIDIAN
FY2003 Budget to Actual Capital Outlay
ENTERPRISE FUND
YTD 09/30/2003
at
es
4,164,125,00
2,162.027.00 3.018.377.30
2,192,179.70
15 of 52
CITY OF MERIDIAN
FY2004 POTENTIAL BUDGET AMENDMENTS
as of 10/27/2003
ENTERPRISE FUND
Fund Dept Debit Credit Descrip
I
ENTERPRISE $ - $ - $ - I Transfer To (From) Fund Balance
GENERAL FUND
I
GENERAL FUND $ - $ - $ - ITransferTo (From) Fund Balance
ITEMS UNDER CONSIDERATION
extra funds need to purchase 16.1 acres rather than 15.0 acres (funded
1 I oarks $ 17,400 from Impact Fees)
1 loarks $ 17 ,400 park impact fees to fund extra $ needed to purchase land
TOTAL $ 17,400 $ 17 ,400 $0 I
16 of 52
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2:
AGREEMENT FOR:
ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS
FRANKLIN ROAD, Main (East 1st) to east of Nola
ACHD PROJECT NO. 501019
FRANKLIN ROAD, Nola to Eagle Road
ACHD PROJECT NO. 502004
THIS AGREEMENT made and entered into this 22,Js.?day ofOCTh~ 2003, by
and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of
Commissioners hereinafter called DISTRICT, as first party, and the CITY OF
MERIDIAN, a municipal corporation, by and through its Mayor and City Council
hereinafter called MERIDIAN as second party, both parties being a body politic and
corporate of the State of Idaho.
WITNESSETH
WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to
share the tasks and costs of reconstructing Franklin Road from Main Street (East 1st) to
Eagle Road including water and sanitary sewer installations as detailed in Projects
Numbered 501019 and 502004 hereinafter referred to as the CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by
arranging for installation of the water line and the sanitary sewer pipeline as part of the
Project plans so long as the DISTRICT receives assurances that the DISTRICT will be
fully reimbursed for all costs and expenses it incurs as a result of additional work
attributed to the installation of the water lines and the sanitary sewer pipelines within the
Project boundaries, including but not limited to, costs for changed conditions, plan
errors and omissions, and delays attributable to the water line or the sanitary sewer
pipeline design and installatibn.
NOW, THEREFORE, in consideration of the foregoing premises, mutual
covenants and agreement herein contained, the parties hereto agree as follows:
1. DISTRICT SHALL:
a. Be the party responsible for soliciting, receiving, and opening of bids and for
executing and administering the construction CONTRACT for the roadway
reconstruction, and sanitary sewer and water line installation work referenced
herein;
b. Provide MERIDIAN with a complete set of combined bid documents for the
roadway reconstruction, and for the sanitary sewer and water line installation
work referenced herein;
Page 1 of 4
c. Furnish MERIDIAN with an abstract of all bids received, and obtain
MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the
CONTRACT prior to making such award;
d. Make monthly progress payments and the final CONTRACT payment to the
Contractor in conformance with the terms of the construction CONTRACT;
e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as
such estimates are approved by DISTRICT, together with an invoice for
MERIDIAN'S share of the construction CONTRACT costs earned by and to be
paid to Contractor;
f. Provide for the reference and replacement of all pre-existing survey monuments
within the work area;
g. Provide the trench compaction testing for the sanitary sewer and water line
facilities from 1-foot above the pipe zone to sub-grade of the roadway section;
trench compaction testing shall be provided at the minimum frequency rate of
one (1) test per five hundred (500) lineal feet per foot of trench depth; provide
all re~testing required in any area that does not meet CONTRACT
requirements; and
h. Provide the field survey and grade control necessary for construction of the
roadway. Centerline or offsets and stationing shall be established prior to
MERIDIAN staking sanitary sewer, manhole locations, and service lines.
2. MERIDIAN SHALL:
a. Be the party responsible to provide the inspection, field survey and grade
control required for the installation of all sanitary sewer and water facilities
installed under the CONTRACT and provide copies of appropriate tests and
diaries to the District Project Representative;
b. Provide DISTRICT with the construction plans, special provisions, and unit bid
quantities for the sanitary sewer and water facilities to be included in the bid
documents for the CONTRACT (all work required for the sanitary sewer and
water facilities to be performed in conformance with the 2000 Edition of the
Idaho Standards for Public Works Construction (ISPWC) and the City of
Meridian Standard Specifications and Drawings);
c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice
therefore, all funds for which MERIDIAN is responsible pursuant to the
approved final CONTRACT payment estimate;
Page 2 of 4
. ,
<
d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice
therefore, all funds for which MERIDIAN is responsible pursuant to this
Agreement;
e. Reimburse the DISTRICT, up to a maximum of $6,000.00 for all costs incurred
by the DISTRICT, including overhead and benefits, project administration,
compaction testing, and soils work required solely for the construction of the
sanitary sewer and water facilities; mobilization, traffic control, flagging, detours,
and weekly meetings shall be reimbursed on a prorated basis. The prorated
basis for the above items will be calculated using the percentage of the
MERIDIAN'S project costs as they relate to the total project construction costs;
f. Be liable for the cost of repairing any trench failures attributable to failure of
sanitary sewer and water lines within the boundaries identified in the Contract,
and be liable for and indemnify the District for any and all costs and damages
resulting from any such trench failure; and
g. Reimburse District for any additional costs to District attributable to the
installation of sanitary sewer or to the removal of any or all items from the
Contract that are associated with the installation of sanitary sewer and water
pipelines.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. The CONTRACT amount for the sanitary sewer and water portion of the project
to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual
quantities of work acceptably performed, and/or, installed, as determined from
field measurements, and paid for pursuant to the unit, and/or lump sum prices
established in the Contract;
b. MERI DIAN'S approval will be required for any change order work involving the
sanitary sewer or water line installations;
c. Prior to commencement of work by the Contractor, the parties will, together with
the Contractor, inspect the entire project for the purpose of reviewing the project
to locate and note any unstable areas and resolve any items of concern or
misunderstanding;
d. This instrument contains the entire agreement between the parties with respect
to the subject matter hereof;
e. This Agreement may not be enlarged, modified, amended or altered except in
writing signed by both of the parties hereto;
Page 3 of 4
. ,
,
f. All signatories to this Agreement represent and warrant that they have the
power to execute this Agreement and to bind the agency they represent to the
terms of this Agreement;
g. Should either party to this Agreement be required to commence legal action
against the other to enforce the terms and conditions of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and costs
incurred in said action;
h. Any action at law, suit in equity, arbitration or judicial proceeding for the
enforcement of this Agreement shall be instituted only in the courts of the State
of Idaho, County of Ada; and
i. This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on
the day and year herein first written.
ATTEST:
ADA COUNTY HIGHWAY DISTRICT
BY:~c- ~l ~
Susan Slaughter
Senior Administrative Assistant
By:
ATTEST:
B:
William G. Berg, Jr.
City Clerk
Page 4 of 4
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/30/03 11 :06 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
8
1111111111111111111111111111111111111
103184143
c.
CITY OF MERIDIAN
ORDINANCE NO. 03- / tJ ~ 1--
AN ORDINANCE FINDING THAT, ANTHONY GARNER AND TRACEY GARNER, THE
OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF W. PINE AVENUE AND N. TEN MILE ROAD, MERIDIAN, IDAHO, TO BE
KNOWN AS THE COURTYARDS AT TEN MILE AND WHICH LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE
OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL;
AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING
DESIGNATED MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15) AND
NEIGHBORHOOD BUSINESS DISTRICT (C-N), AND DECLARING THAT SAID LAND, BY
PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF
THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF
MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS
TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND
ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT
TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to
the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit:
LEGAL DESCRIPTION
AREA TO BE ZONED RESIDENTIAL R-15 PD
THE COURTYARD AT TEN MILE
ANNEXATION AND ZONING ORDINANCE (AZ-03-009)
PAGE 1 OF6
A parcel ofland located within the Southwest y,; of Section 11, Township 3 North, Range 1
West, B.M., Ada County, Idaho. Being further described as follows:
Beginning at a point on the West line of said Southwest y,; from which the west ~ of said
Section 11 bears North 00042' 45" East a distance of 548.49 feet;
thence leaving said West line South 89020'39" East a distance of238.90 feet;
thence along a tangent circular curve to the left with a radius of 43.00 feet and a central angle
of35006'I5" an arc length of26.35 feet (chord North 73006'13 East, distance 25.94');
thence North 55033 '06" East a distance of 83.08 feet;
thence from a tangent which bears North 07021 '45" East, along a circular curve to the right
with a radius of 15.00 feet and a central angle of 48011 '23" an arc length of 12.62 feet (chord-
North 31027'26" East, Distance 12.25');
thence North 55033'07" East a distance of 17.37 feet;
thence along a tangent circular curve to the right with a radius of 15.00 feet and a central
angle of 48011 '23" an arc length of 12.62 feet (chord - North 79038'49" East, Distance 12.25');
thence with a non-tangent line North 55033'07" East a distance of85.76 feet;
thence along a tangent circular curve to the left with a radius of53.00 feet and a central angle
of 54051 '25" an arc length of 50.74 feet (chord - North 28007'25" East, Distance 48.83');
thence North 00041 '42" East a distance of 191.37 feet;
thence along a tangent circular curve to the left with a radius of 28.00 feet and a central angle
of 19014'34" an arc length of 9.40 feet (chord - North 8055'35" West, Distance 9.36');
thence from a tangent which bears North 72005'01" West, along a circular curve to the right
with a radius of 15.00 feet and a central angle of 47020'53" an arc length of 12.40 feet (chord-
North 48024'34" West, Distance 12.05;
thence North 24044'08" West a distance of 17.37 feet;
thence along a tangent circular curve to the right with a radius of 15.00 feet and a central
angle of 48030'49" an arc length of 12.70 feet (chord - North 0028'43" West, distance 12.33');
thence from a tangent which bears North 22029'00" West, along a circular curve to the right
with a radius of 82.00 feet and a central angle of23029'47" an arc length of33.63 feet (chord-
North 10044'06" West, Distance 33.39');
thence with a non-tangent line North 00041' 42" East to a point on the north line of said
southwest ~ Section 11, a distance of 108.16 feet;
thence leaving said north line, South 89020'39" East a distance of 64.68 feet;
thence South 00042'21" West a distance of74.93 feet;
thence South 59036'39" East a distance of 645.83 feet;
thence South 41028'39" East a distance of260.59 feet;
thence North 89020'39" West to a point on the aforementioned west line of section 11, a
distance of 1232.32 feet;
ANNEXATION AND ZONING ORDINANCE (AZ-03-009)
PAGE 2 OF 6
thence along said west line, North 00042'45" East a distance of 40.00 feet to the POINT OF
BEGINNING.
Said parcel contains an area of approximately 6.33 acres.
BASIS OF BEARINGS:
The west line of the Southwest ~ of said Section 11 taken as South 00043'18" West, derived
from found monuments.
LEGAL DESCRIPTION
AREA TO BE ZONED COMMERCIAL C-N
THE COURTYARD AT TEN MILE
A parcel ofland located wlthin the Southwest ~ of Section II, Township 3 North, Range 1
West, B.M., Ada County, Idaho. Being further described as follows:
BEGINNING at West ~ comer of said Section 11
thence along the North line of the Southwest ~ of said Section 11 South 89020'39" East a
distance of 431.50 feet;
thence leaving said North line South 00041 '42" West a distance of 108.16 feet;
thence from a tangent which bears South 01000'47" West, along a circular curve to the left
with a radius of82.00 feet and a central angle of23029'47" an arc length of33.63 feet (chord-
South 10044'06" East, Distance 33.39');
thence from a tangent which bears South 23046'41" West, along a circular curve to the left
with a radius of 15.00 feet and a central angle of 48030'49" an arc length of 12.70 feet (chord-
South 0028'43" East, Distance 12.33');
thence South 24044'08" East a distance of 17.37 feet;
thence along a tangent circular curve to the left with a radius of 15.00 feet and a central angle
of 47020'53" an arc length of 12.40 feet (chord - South 48024'34" East, Distance 12.05');
thence from a tangent which bears South 18032'51" East, along a circular curve to the right
with a radius of28.00 feet and a central angle of 19014'34" an arc length of9.40 feet (chord - South
8055'35" East, Distance 9.36');
thence South 00041 '42" West a distance of 191.37 feet;
thence along a tangent circular curve to the right with a radius of 53.00 feet and a central
angle of54051 '25" an arc length of 50.74 feet (chord - South 28007'25" West, distance 48.83');
thence South 55033'07" West a distance of85.76 feet;
thence from a tangent which bears North 76015'30" West along a circular curve to the left
with a radius of 15.00 feet and a central angle of 48011 '23" an arc length of 12.62 feet (chord-
South 79038'49" West, Distance 12.25');
ANNEXATION AND ZONING ORDINANCE (AZ-03-009)
PAGE 3 OF6
thence South 55033'07" West a distance of 17.37 feet;
thence along a tangent circular curve to the left with a radius of 15.00 feet and a central angle
of 48011 '23" an arc length of 12.62 feet (chord - South 31027'26" West, Distance 12.25');
thence with a non-tangent line South 55033'06" West a distance of83.08 feet;
thence along a tangent circular curve to the right with a radius of 43.00 feet and a central
angle of35006'15" an arc length of26.35 feet (chord - South 73006'13" West, distance 25.94');
thence North 89020'39" West, to a point on the west line of said southwest 'l,I of section 11 a
distance of 238.90 feet;
thence along said west line North 00042'45" East a distance of 548.49 feet to the POINT OF
BEGINNING.
Said parcel contains an area of approximately 5.31 acres.
BASIS OF BEARINGS:
The west line ofthe Southwest y,; of said Section 11 taken as South 00043' 18" West, derived
from found monuments.
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part ofthe City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of Meridiau
hereinabove described shall be zoned Medium High Density Residential District (R-15) and
Neighborhood Business District (C-N).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the
City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to
the terms and conditions ofthat certain Development Agreement by and between the City of
ANNEXATION AND ZONING ORDINANCE (AZ-03-009)
PAGE 4 OF 6
Meridian and the owner of the land described in Section 1 dated the
22ft<<
- day of
(fJ (/fv b bi.-- , 2003, and that the uses are to be developed under the planned unit development
process and conditional use permit process.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including
the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit:
the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of
this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code S63-2215 and S50-223.
ANNEXATION AND ZONING ORDINANCE (AZ-03-009)
PAGE 5 OF 6
PASSED ~Y THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26~ day of
t!J?ff~ , 2003.
7J,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2t3 4- day of
Cch; ~ , 2003.
ATTEST:
~ = SEAL
V'// ~ L d - ~-;...,.~ &::
~ /d' I ~fJ..( :;. ~ Qu.s ,q 0 $
CITY CLERK (f , -~ <:).,d .,. 15\ ' ......~.f
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First Reading: I t9 - 28 -tJ.3 ;;"'1'11,. OUNT'l . ~\\\"",-
Adopted after first reading by suspgffsH:Hll&fthe Rule as allowed pursuant to Idaho Code 50-
902 Yes: Y No;
Second Reading:
Third Reading:
STATE OF IDAHO,)
: ss.
County of Ada )
On this 1-1> day of ~ ,2003, before me, the undersigned, a Notary
Public in and for said State, personallyappeared~Mffi and WILLIAM G. BERG, JR., known
to me to be t2e~ 1IP4, <:;1~erk, respectivelY, ~~ofNIeridian, Idaho, and who executed the
within instru.rtl~n~~(ftltm'owredged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
..IlIlJilIJ.
and year first abo~e>~JM~*";o.
:~o't~;>~.~ j~~~
(SEAL) :! i : NOTARY PUBLIC FOR IDAHO
: \ ,: : RESIDING AT: Aola/o~JdaJw
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ANNEXATION AND ZONING ORDINANCE (AZ-03-009)
PAGE 6 OF 6
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State ofIdaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of
Idaho, do hereby certify that the attached copy of Ordinance No. 03- / Of:) 4-- , passed by the
City Council of the City of Meridian, on the :2-B-rJ- day of tJc-lo ~ ,2003, is a true and
correct copy of the original of said document which is in the care, custody and control of the City
Clerk of the City ofMeridi~\\I\ulllllIl/lf
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STATE OF IDAHO, )'l/"'//'I/ C'oUNT"l. ~\",,,,,
: ss. /1/J/1,/l1I 1Il\\\\\\
County of Ada, )
On this ~ day of B 0:!:Qbv1 , in the year 2bC\3 , before me,
8~ ~-1~ , a Notary Public, appeared WILLIAM
G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian.
(SEAL)
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-009
PAGE 1 OF 1
1
\.
\)'" l /\
~'
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10/28/03
IN THE MATTER OF THE )
APPLICATION OF HILLVIEW )
DEVELOPMENT CORPORATION, )
FOR APPROVAL OF 161 )
BUILDING LOTS AND 25 OTHER )
LOTS ON 39.15 ACRES IN AN R-8 )
ZONE FOR TRAILWAYPARK )
SUBDIVISION~ LOCATED EAST )
OF NORTH MERIDIAN ROAD AND )
SOUTH OF EAST BLUE HERON )
LANE, MERIDIAN~ IDAHO )
)
CASE NO. FP-03-056
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 October 28, 2003, and the Council finding that the
Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning
Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: October 28,
2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and
Zoning Department, and Becky McKay, 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 "PLAT SHOWING TRAIL WAY PARK SUBDIVISION,
LOCATED IN THE SWI/4 OF SECTION 6, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY,
IDAHO 2003, JOB NO. 3044, SHEET 1 OF 3, \3044\3044-PLT.DWG 09/16/03 BKB,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-056)
Page 1 of6
HANDWRITTEN DATE: 9/29/03, HILL VIEW DEVELOPMENT CORP. - DEVELOPER,
ENGINEERING SOLUTIONS LLP - IDAHO SURVEY GROUP", Hillview Development
Corporation, 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 Sonya Allen Planner I for the Planning and Zoning
Department, dated: Hearing Date: October 28, 2003, listing 18 SITE SPECIFIC
COMMENTS/FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of
which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference
incorporated herein, and the response letter from Becky McKay dated October 24, 2003, a true
and correct copy of which is attached hereto marked Exhibit "B", and consisting of three pages,
and by this reference incorporated herein, and the additional requirements from the action of the
Council taken at their October 28, 2003 meeting as follows, to-wit:
1.1 Comply with the conditions of the Meridian Fire Department as
follows:
1. One and two family dwellings will require a fire-flow of 1,000
gallons per minute available for duration of 2 hours to service
the entire project. Fire hydrants shall be placed an average of
400' apart.
2. Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian
Fire Department, which is submitted to the Public Works
Department.
4. The phasing plan may require that any roadway greater than 150' in
length that is not provided with an outlet shall be required to have a
turn around.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-056)
Page 2 of 6
5. All roads shall have a turning radius of28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs
are required before combustible construction begins. UFC 901.4.2
& 901.3
1.2 Comply with the conditions of the Nampa & Meridian Irrigation
District as follows:
1. The District is still reviewing the project, and all comments
and concerns will be addressed at the time the review in
completed. The applicant shall comply with any and all
comments the District will require.
1.3 Comply with the conditions of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for storm water disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho 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.
1.4 Comply with the additional action of the City Council taken at
their October 28, 2003 meeting as follows:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-056)
Page 3 of6
2. Staff is in agreement with the applicant's letter from Becky
McKay dated October 24, 2003, with the following
revisions made thereto to the staff report dated: Hearing
Date: October 28,2003, and such staff report numbers 3,
8,10 and 11 of the Site Specific Comments and number
1 of the General Requirements shall now read as follows:
SITE SPECIFIC CONDITIONS/FINAL PLAT
3. Per the Preliminary Plat Findings, the applicant shall install
perimeter solid fencing where no fencing currently exists.
The project has residential subdivisions on the north, east
and south boundaries. A solid fence will also be required
along the east boundary adjacent to Lot 7, Block 2 and Lots
1,20-24, Block 3. A chain link fence shall be required
along the west boundary of Lot 33, Block 3 and the west
boundary of Lot 2, Block 6. All other fencing shall be
installed as shown on sheet LS-l & LS-2, dated 9/29/03.
Submit three copies of the revised landscape plan to the
Planning and Zoning Department prior to signature on the
final plat.
8. The applicant is not required to provide road improvements
or extend said road on E. Blue Heron Lane at this time.
Additional right-of-way needs to be acquired from the
parcel on the west boundary of the subject property. (Per
ACHD's approved report at page 5.)
10. Lot 19, Block 5, will be adjusted to meet the minimum
frontage. Lot 10, Block 6, is a common lot and is not
required to meet frontage requirements. Lot 11, Block 6,
has the same frontage shown on the approved preliminary
plat. The minimum frontages shown in the staff report for
the preliminary plat were in error. The PD was approved
with a reduction in frontages in accordance with the
preliminary plat.
11. Due to the staff report for the preliminary plat being in
error, listing the minimum frontages as 60' for detached
homes and 40' chord lengths, the requirement for Lot 11,
Block 8 to meet the 40-foot minimum frontage requirement
for attached dwellings is not required. These were not the
minimum frontages approved on the plat. Several other
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-056)
Page 4 of6
lots within the subdivision (e.g., Lots 24, 25,26,33 and 34,
Block 6) were not designed to meet the 40-foot chord
requirement.
GENERAL REQUIREMENTS
1. The Jackson Drain and the Jackson Stub Drain will not
be piped as part of this development; all other ditches
will be piped or abandoned. (Other than as stated above,
the General Requirement number 1 shall remain as
listed on the staff report.)
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.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed with
the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter
at issue. A request for a regulatory takings analysis will toll the time period within which a
Petition for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-056)
Page 5 of6
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek ajudicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
2.%-)k.,
day of
D0WYwu
, 2003.
B~~~r
By:
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",\\ Or ME/i/ 11111 . .
,:,,\..(-{ Ibu /"", Mayer, of Mendlan
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illiam G. Berg, Jr., Cit CI r"-1 a . \\)~ \v'~
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Copy served upon Applicant, the Plallilllfi~land Zoning Department, Public Works Department,
and City Attorney. \\\\\\lIIUIIIII/I
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Z:\Work\M\Meridian\Meridian 15360M\Trailway Park Sub FP.03-056\OrderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FlNAL PLAT / (FP-03-056)
Page 6 of6
MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
CITY COUNCIL MEMBERS
Tammy deWeerd
Keith Bird
Cherie McCandless
William L.M. Nary
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433. FAX (208) 887-4813
City Clerk Office Fax (208) 888-4218
STAFF REPORT:
LEGAL DEPARTMENT
(208) 466-9272 . Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 . Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533. FAX 888-6854
Hearing Date: October 28, 2003
To:
Mayor, City Council and Planning & Zoning Commission
Sonya Allen, Planner I cfl/. ~
Bruce Freckleton, Senior Engineering Tech ~
Prom:
Re:
TraiJway Park SubdiVision
RECEIVED
OCT 2 2 2003
City Of Meridian
City Clerk Office
· Pinal Plat approval of One Hundred Sixty One (161) Single-Family
Residential Building Lots and Twenty-Five (25) Other Lots on 39.15
Acres in an R-8 (P.O.) Zone, by Hillview Development Corporation
(File No. FP-03-056).
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant, HilIview Development Corporation, has applied for Final Plat approval of 161
single-family residential building lots and 25 other lots on 39.15 acres of land located east of
N. Meridian Road at the end of E. Blue Heron Lane, approximately IA mile north of E.
Fairview Avenue. The current zoning designation for the proposed subdivision is R-8 (Medium
Density Residential). This subdivision will have a gross density of 4.11 d.u./acre and a net
density of 5.3 d.u./acre.
The minimum square footage for single-family residential building lots within the R-8 zone is
6,500 s.t., with a minimum house size of 1,301 s.f., excluding garage(s). The other lots within
the subdivision consist of common area landscape/drainage/pathway lots which will be owned
and maintained by the Trailway Park Homeowners Association. The pressurized irrigation
system within this develoPIllent will be owned and maintained by the Nampa Meridian
Irrigation District.
The submitted fInal plat substantially complies with the approved preliminary plat.
A Conditional Use Permit was approved for the proposed subdivision allowing reduced
setbacks, lot sizes, lot frontages, house sizes and allowance of blocks within the subdivision to
exceed the maximum block length of 1,000 feet.
FP.03-056
[)6IL;bi.fUI1" lotS
T railWllY Park Sub.FP
Planning & Zoning Conunission/Mayor & City Council
Hearing Date: October 28, 2003
Page 2
Staff recommends approval of the final plat for Trailway Park Subdivision with the comments
and conditions stated in this report.
LOCATION
The proposed Trailway Park Subdivision is located east of N. Meridian Road at the end of E.
Blue Heron Lane, approximately 1A rrii:: north of E. Fairview Avenue.
SURROUNDING PROPERTIES
North: Fothergill Pointe Subdivision (single-family residential), zoned R-8.
West: J. E. Pfost's Subdivision (meat packing plant), zoned Rl (Ada County) and Bridgewood
Park Subdivision (single-family residential), zoned R -15.
East: Meridian Place Subdivision (single-family residential), zoned R-4 and The Willow
Subdivision (single-family residential), zoned R-8.
South: Mobile home park, zoned R-8.
SITE SPECIFIC COMMENTS I FINAL PLAT
1. Applicant is to meet all terms of the approved preliminary plat (PP-03-0 11) and
Development Agreement (lnst. No.1 03151664).
2. The applicant has indicated that the Nampa Meridian Irrigation District will own and
maintain the pressure irrigation system within this development. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water.
If a creek or well source is not available, a single-point connection to the municipal water
~ \? (? system shall be required. If a single-point connection is utilized, the developer shall be
. ~& ~'drfJ responsible for the payment of assessments for the common areas prior to signature on
e., C'JV: 'J ~ \ l the final plat by the Meridian City Engineer.
7 ( if ~~ V'tY'
., c.. eP ~.t'\ Per the Preliminary Plat Findings, a solid fence will be required along the south, west,
~ l.V'fi) ~ and north bound~es of the subdivision. A solid fence will also be requir~d ~ong the
~Q\oJ' east boundary adjacent to Lot 7, Block 2 and Lots 1,20-24, Block 3. A cham lInk fence
shall be required along the west boundary of Lot 3, Block 3 and the west boundary of Lot
2, Block 6. All other fencing shall be installed as shown on sheet LS-l & LS-2, dated
9/29/03. Please submit three copies of the revised landscape plan to the Planning &
Zoning Department prior to signature on the final plat.
All fencing shall be reduced to three feet in height within twenty feet of the right-of-way.
4.
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
FP-Q3-QS6
ExJv' b I~+ //4" d.. OPS Tr.illwayl'arkTr.illwoy ParkSub.FP
Planning & Zoning CommissionlMayor & City Council
Hearing Date; October 28, 2003
Page 3
road base approved by the Ada County Highway District prior to applying for building
permits. All development improvements, including perimeter fencing, 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, amenities, sanitary sewer, water, etc., prior to
signature on the final plat.
5. Sanitary sewer service and municipal water to this site shall be via extensions from
existing mains. 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.
6. Complete the Certificate of Owners and accompanying Acknowledgment pnor to
signature on the final plat.
'"y<7.y\. Applicant shall be required to pay Public Works development plan review, and
" ,~~"\f\ U construction inspection fees, as determined during the plan review process, prior to
tp;plJ signature on the final plat per Resolution 02-374.
,:( ~r.. .eJ
~btJl~\b: Applicant shall revise the landscape plan & civil plans to reflect the extension E. Blue
)~ '1.~v Heron Lane as improved right-of-way.
$)- 9. m Lot 32, Block 3, does not meet the 6O-foot minimum frontage requirement. Make the
.\'1' ~ onecessary adjustments to meet this requirement or place an arrow on the plat indicating
~\ 0 tY; ,t.~ that the house on this lot must face E. Willow Brook Drive.
i\~ tl~ ~~p
\1'"- . Lot 19, Block 5 and Lots 10 & 11, Block 6 do not meet the 60-foot minimum frontage
Q;< , h\! requirement. Make the necessary adjustments to meet this requirement.
~. \"
~~\'4e
f .
Lot 11, Block 8 does not meet the 40-foot minimum frontage requirement for attached
dwellings. Make the necessary adjustments to meet this requirement.
12. Applicant shall submit a plan to the Planning & Zoning Department for approval of the
playground equipment or recreation equipment to be used for the amenity in Lot 13,
Block 8, prior to signature on the final plat (per PP FF/CL 0.2., page 13).
13. Revise or add the following notes to the face ofthe plat:
(8.) Delete note (No longer required as a note on the face of the plat).
(5.) Revise note to read; "Building setbacks and dimensional standards in this
subdivision shall be in compliance with Conditional Use Permit (CUP-03-021)."
(15.) Revise note to read: "....owned and maintained by the Nampa Meridian Irrigation
District. "
FP-03.o56
Ed,~ b;-f "A" 3 cPS
Trailway ParkTrailway Park Sub.FP
Planning & Zoning Commission/Mayor & City Council
Hearing Date: October 28, 2003
Page 4
(17.) Add note: No building permits shall be issued on any lots in this subdivision until
the provisions of the recorded Development Agreement Instrument No. 103151664 have
been fulfilled as determined by the City of Meridian.
(18.) Add note: Any drainage areas (detention/retention basins) must be designed to
ensure that water will percolate or discharge within a ?eriod of time not to exceed 24
hours for all stonns up to and including a lOO-year storm event.
14. Developer shall coordinate mailbox locations with the Meridian Post Office.
15. The bearing and distance tie to the 'Real Point of Begimring" shown on the face of the
plat doesn't match the same tie in the legal description of the Certificate of Owner's.
16. Revise the section comer reference at the ~ Comer in the "Basis of Bearing" to reflect
the correct sections (1 / 6).
17. Correct the sheet number of the last page of the plat to read "Sheet 3 of3."
18. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary
plat or conditional use permit does not relieve the Applicant of responsibility for
compliance.
"
v\c; .
,yf~ REQUIREMENTS
}.' ,iIJ 1(;) ( All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
\~ ':)4> \\ \~I crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
1-,: ;V {)\l' City Ordinance 12-4-13. Plans will need to be approved by the appropriate
P' <;~X irrigation/drainage district, or lateral users association (ditch owners), with written
fJ -\0 \OJ approval or non-approval submitted to the Public Works Department. If lateral users
~ \ association approval can't be obtained, plans will be reviewed and approved by the
meridian City Engineer prior to final plat signature
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 1 DO-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations.
1'l'.OJ.056
C., J~I' b,'"f I' .a II j J 01' L
c::.. J(..,I1., / I -,- T,::) Troilway ParkTrailway Park Sub,A'
Plaruring & Zoning Commission/Mayor & City Council
Hearing Date: October 28, 2003
Page 5
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 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.
6. Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be removed.
STAFFRECO~ENDATION
Staff recommends approval of the final plat for Trailway Park Subdivision with the above stated
comments and conditions. Revised site and landscape plans must be submitted for approval
prior to signature on the final plat.
FP-I)3'{)56
ECx_k/b1f '/7'1 :;; oP5"'
Trailwny ParkTraUway Park Sub.FP
'"
E~~!!!;~:S!
150 East Aikens Street, Suite B
Eagle, ID 83616
Phone: (208)938-0980
Fax: (208) 938-0941
tlE<JE!IVED
OCT 2 4 2003
October 24, 2003
City Of Meridian
City Clerk Office
Mayor and City Council
City of Meridian
33 East Idaho
Meridian, ID 83642
Re: Trailway Park Subdivision (Final Plat)
FP-03-056
Dear Mayor and Council:
We have reviewed staff comments for the hearing date of October 28, 2003, and have the
following responses.
SITE SPECIFIC CONDITIONS OF APPROVAL
1. The applicant will meet all terms of the approved preliminary plat, planned development,
and development agreement.
2. The applicant will comply.
3.
The condition of approval regarding the fencing was that the applicant would install
perimeter fencing where no fencing currently exists. The project has residential
subdivisions on the north, east and south boundaries. Lot 3, Block 3 as referenced
in the staff report should be Lot 33, Block 3.
s~~.
4. The applicant will comply.
5. The applicant will comply.
6. The Certificate of Owners and accompanying Acknowledgment will be completed prior
to signature on the fmal plat.
7. The applicant will comply.
<
See page 5 of Ada County Highway District's approved report wherein the staff
recommends that the applicant road trust for the improvements on E. Blue Heron
Lane. This was revisited with Ada County IDghway District, and they have
ExjLJ'b,"+ J'8n I crf23
8.
..
Mayor and City Council
October 24, 2003
Page 2
confIrmed they do not want the road improved and extended at this time.
Additional right-of-way needs to be acquired from the parcel on the west boundary
of the subject property.
9. The plat will be revised accordingly.
10. Lot 19, Block 5, will be adjusted to meet the minimum frontage. Lot 10, Block 6, i
a common lot and is not required to meet frontage requirements. Lot 11, Block 6,
has the same frontage shown on the approved preliminary plat. The minimum
frontages shown in the staff report for the preliminary plat were in error. The PD
was approved with a reduction in frontages in accordance with the preliminary pI t.
11. As stated above, the staff report for the preliminary plat was in error, listing the
minimum frontages as 60' for detached homes and 40' chord lengths. These were
not the minimum frontages approved on the plat. Several other lots within the
subdivision (e.g., Lots 24, 25, 26, 33 and 34, Block 6) were not designed to meet the
40-foot chord requirement. Please review the preliminary plat for verification.
12. The applicant will comply.
13. The plat notes will be revised accordingly.
14. The applicant will comply.
15. The bearing and distance will be corrected to match the legal description.
16. The plat will be revised accordingly.
17. The sheet number will be corrected.
18. Noted.
GENERAL REQUIREMENTS
1. The Jackson Drain and the Jackson Stub Drain will not be piped as part of this
development; all other ditches will be piped or abandoned.
2. The applicant will comply.
3. The applicant will comply.
4. The applicant will comply.
5. The applicant's engineer will submit the required statement.
6. The applicant will comply.
C;\Documents and Settings\smiths.MERlDIANCITY\Local Settings\Temporat)' Internet Files\OLKC\RecsResponse.doc
Ex.A,'b/-I IfB'1 a..oP [5
Mayor and City Council
October 24, 2003
Page 3
7. The applicant will comply.
We believe this letter addresses all items of the staff comments. We look forward to discussing
the items where we differ at your meeting of October 28, 2003. Please feel free to call if you
have additional comments or questions.
Sincerely,
Engineering Solutions, LLP
Becky McKay
Partner
BM:ss
cc: Mr. Jim Merkle.
C:\Documents and Settings\smiths.MERIDlANCITY\Local Settings\Temporal}' Internet Files\OLKC\RecsResponse.doc
E~Aih,~+ "/3 Ii 3 CJ-P3
I.
/\
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10/28/03
IN THE MATTER OF THE )
APPLICATION OF R.K. )
DEVELOPMENT, L.L.C., FOR )
APPROVAL OF 36 BUILDING )
LOTS AND 11 OTHER LOTS ON )
11.45 ACRES IN AN R-4 ZONE FOR )
CLEARBROOKESTATES )
SUBDIVISION, LOCATED AT 2675 )
NORTH MERIDIAN ROAD, )
MERIDIAN, IDAHO )
)
CASE NO. FP-03-057
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 October 28,2003, and the Council finding that the
Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning
Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: October 28,
2003, to the Mayor and Council, and that Anna Powell Planning Director 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:
1. The Final Plat of "PLAT OF CLEARBROOK ESTATES SUBDIVISION,
LOCATED IN THE N E 1,4 OF SECTION 01, T.3N., R.1W., BM, MERIDIAN, ADA COUNTY,
IDAHO 2003, 30101-PLT.DWG MEM 9-25-03, SHEET 1 OF 2, HAND\VRITTEN DATE:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-057)
Page 1 of5
9/25/03, STAMPED DATE: SEP 25 2003, RK DEVELOPMENT, LLC - DEVELOPER,
BRIGGS ENGINEERING) INe. - CONSULTING ENGINEERS", RK Development, 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 Sonya Allen Planner I for the Planning and Zoning Department, dated:
Hearing Date: October 28, 2003, listing 17 SITE SPECIFIC COMMENTS/FINAL PLAT and 7
GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked
Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the
additional requirements from the action of the Council taken at their October 28) 2003 meeting as
follows, to-wit:
1.1 Comply with the conditions of the Meridian Fire Department as
follows:
1. That a flre- flow of 1,000 gallons per minute be available to
service the entire project. Fire hydrants shall be placed an
average of 500' apart.
2. Operational fire hydrants and temporary or permanent street signs
are required before combustible construction begins.
3. Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water
quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Provide an approved turnaround for all streets greater than 150' in
length that have no outlet. It appears that the plan as submitted
with a snoopy turnaround meets this requirement.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-057)
Page 2 of5
1.2 Comply with the conditions of the Nampa & Meridian Irrigation
District as follows:
1. The District requires that a Land Use Change Application
be filed for its review prior to final platting.
2. All laterals and waste ways must be protected. The
District's Finch Lateral courses along the south boundary of
the proposed project. This easement must be protected and
any encroachment without a signed License Agreement and
approved plan, before any construction is started, is
unacceptable.
3. All municipal surface drainage must be retained on site. If
any surface drainage leaves the site, the District must
review drainage plans.
4. The developer must comply with Idaho Code 31-3805.
5. It the development is planning an urban irrigation system
that will be owned, operated and maintained by the
Irrigation District, applicant shall coordinate with the
District concerning the installation of the pressure system.
6. Fill out and return the questionnaire in order to initiate the
process of contractual agreements between the owner or
developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
1.3 Comply with the conditions of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT / (FP-03-057)
Page 3 of 5
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
1.4 Comply with the additional action of the City Council taken at
their October 28, 2003 meeting as follows:
1. Staff is in agreement with the applicant with the following
revision to be made thereto to the staff report dated: Hearing
Date: October 28,2003, and such staffreport on page 4
pertaining to the plat notes, number 15. (10.) of the Site
Specific Comments shall be deleted in its entirety.
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.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed with
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-05?)
Page 4 of5
the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter
at issue. A request for a regulatory takings analysis will toll the time period within which a
Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision 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
z.~+h.
day of
De.1:o~
,2003.
BY:~
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Copy served upon Applicant, the Plarm.}Jffi<an~Z'QniR8'f)epartment, Public Works Department,
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and Clty Attorney. illlrllllJ\\ \\\1111111/11/1
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Attest:
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Z:\Work\M\Meridian\Meridian I 5360M'Clearbrook Estates Sub FP-03-057\OrderFP.doc
-
~
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-057)
Page 5 of5
MAYOR
Robert D. Conie
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 466-9272 . Pax 466-4405
CITY COUNCIL MEMBERS
Tammy deWeerd
Keith Bird
Cherie McCandless
William LM. Nary
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 . FAX (208) 887-4813
City Clerk Office Fax (208) 888-42]8
PUBLIC WORKS
BUlLDlNG DEPARTMENT
(208) 898.5500' Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533, FAX 888-6854
STAFF REPORT:
Hearing Date: October 28, 2003
To;
Mayor, City Council and Planning & Zoning Commission
Sonya Allen, Planner I IJIl ~
Bruce Freckleton, Senior Engineering Tech ~
"R 1r;'t {""'\ -~~{ lr';1\TT;~i "r'})
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From:
OCT 2 2 2003
City OfMeJ:14-ian
City Clerk Office
Re:
Clearbrook Estates Subdivision
. Final Plat approval of Thirty-Six (36) Single-Family Residential Building
Lots and Eleven (11) Other Lots on 11.45 Acres in an R-4 Zone, by R. K.
Development, LLC (File No. FP-03-057).
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUl\1MARY
The applicant, R. K. Development, LLC, has applied for Final Plat approval of 36 single-
family residential building lots and 11 other lots on 11.45 acres of land located on the west side
of N. Meridian Road, approximately 1/3 mile south of Ustick Road. The current zoning
designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision
will have a gross density of 3.14 d.u.lacre and a net density of 4.52 d.u.lacre.
The minimum square footage for single-family residential building lots within the R-4 zone is
8,000 s.f., with a minimum house size of 1,400 s.f., excluding garage(s). The other lots within
the subdivision consist of 11 common area landscape/drainage/pathway lots which will be
owned and maintained by the Clearbrook Estates Homeowners Association. The pressurized
irrigation system within this development will be owned and maintained by the Nampa
Meridian Irrigation District.
The submitted final plat complies with the approved preliminary plat. However, Lot 1, Block 2
does not meet the SO-foot minimum street frontage along W. Indian Rocks Street, as required
in an R-4 zone. The lot lines in Block 2 will need to be shifted to accommodate this
requirement. A revised plat will need to be submitted showing this change (see site specific
comment # 9).
FP..oJ-057
Clearbfook Estill.. Sub.FP
.E~. 'btf "'It" J 0;';;-
Planning & Zoning Commission/Mayor & City Council
Hearing Date: October 28, 2003
Page 2
A variance request to exceed the maximum block length of 1,000 ft. on Block 1 was approved
for this subdivision.
Staff recommends approval of the final plat for Clearbrook Estates Subdivision with the
comments and conditions stated in this report.
LOCATION
The proposed Clearbrook Estates Subdivision is located on the west side of N. Meridian Road,
approximately 1/3 mile south of Ustick Road.
SURROUNDING PROPERTIES
North: Lansbury Lane Subdivision, zoned R-4
West: Rural residential/agricultural property, zoned RUT (Ada County).
East: Rural residential/agricultural property, zoned RI & RUT (Ada County).
South: Waterbury Park Subdivision, zoned R-4.
SITE SPECIFIC COMMENTS / FINAL PLAT
1. Applicant is to meet all terms of the approved preliminary plat (PP-03-007) for this
development.
2. The applicant has indicated that the Nampa Meridian Irrigation District will own and
maintain the pressure irrigation system within this development. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water.
If a creek or well source is not available, a single-point connection to the municipal 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. Fencing will be required adjacent to the landscape buffer along N. Meridian Road, and
along the western boundary of the subdivision. Fencing along the southern boundary of
the property adjacent to the greenbelt and pathways is approved as submitted.
All fencing shall be reduced to three feet in height within twenty feet of the right-of-way.
4. The proposed landscape plan (prepared by Brooks Design Group, entitled
L-I) sheets 1 & 2, dated 9-24-03) needs to be revised as follows:
a. Swap locations of the conifer & birch tree along the southern boundary of Lot 6,
Block 1. Conifers are not allowed adjacent to pathways (MCC 12-13-15-4).
fP.oHlS7
L:;J"f'b/~+;4/tU d.tJK
Clearbrook EliI""'" Suh FP
Planning & Zoning CommissionJMayor & City Council
Hearing Date: October 28, 2003
Page 3
b. Include fencing plan for the east side of Lot 2, Block 1; and Lot 2, Block 3,
adjacent to the street buffer on N. Meridian Road. Also, include fencing along
western boundary of the subdivision.
c. Correct spelling of Meridian Road.
5. 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 perimeter fencing, 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, amenities, sanitary sewer, water, etc., prior to
signature on the final plat.
6. Sanitary sewer service and municipal water to this site shall be via extensions from
existing mains. 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. This development shall be subject to sanitary sewer latecomers fee
to reimburse those responsible for bringing service to this area. The latecomers fees shall
be due and payable prior to city endorsement on the final plat.
7. Complete the Certificate of Owners and accompanying Acknowledgment prior to
signature on the final plat.
8. 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.
9. Lot 1, Block 2, does not meet the 80-foot minimum frontage requirement along W.
Indian Rocks Street. Shift the lot lines on Block 2 to accommodate this requirement.
Submit a revised plat showing this change.
10. Add bearing and distance information to the lot lines common to Lots 1 and 2, Block 2,
and Lots 11 and 12, Block 3.
11. Add the "W." designation to the Indian Rocks Street name.
12. Add the distance along the south side of Lot 24, Block 1.
13. The sum of the lot segments don't equal the overall distance along the boundary in the
following locations:
Along the S 89037'03" E 476.74' adjacent to Blocks 2 & 3.
Along the N 89046'42" E 225.93' adjacent to Block 3.
Along the S 89035'21" E 1628.68' adjacent to the north boundary of Lot 24, Block 1.
FP-03.057
Cleamrook Est.,,,, ~"O Fl'
E x../t/ b,"f "A H 3 6f2-~
Planning & Zoning Commission/Mayor & City Council
Hearing Date: October 28, 2003
Page 4
Along the N 00006'12" E 296.52' adjacent to the west subdivision boundary.
14. Record an easement in favor of the City of Meridian on the lot (Lot 24) that contains the
pathway prior to issuance of building permits (per Preliminary Plat Finding No. 2A.2.).
15. Revise or add the following notes to the face of the plat:
fi{
'.']'Jle-I'0j..A4~R~vise no!sY. No building pe~its shallpe issued-on any!Pts in tl;i's sub}ivisiJrr
~\i"""' ~.(.t\~::3jUntil !J;1e(prov~i-olls ofthy-r&corded ,0evelOpmeht~eefuent InstfurnenVNo. / pave
, e:!. O~~ i ~U be~.r(fulfil!ed as deter.mfned by th/<?ity of Meridi . .
d(..\..-~tl\ :l ~J14.) ...for the South Slough. SaId lot to be owned and mamtamed by the Clearbrook
~!It \ . ~~k U(!~/.Estates Homeowners Association. or it's assigns,
~'fj!J {\ () \l~/ . QQJ Add note: The pressurized irrigation system within this development is owned
l v ...,L '\ and maintained by Nampa Meridian Irrigation District.
~ t, \,,0 (17.) Add note: Any drainage areas (detention/retention basins) must be designed to
ensure that water will percolate or discharge within a period of time not to exceed 24
hours for all storms up to and including a 100-year storm event.
16. Developer shall coordinate mailbox locations with the Meridian Post Office.
17. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary
plat does not relieve the Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
L All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans will be reviewed and approved by the
meridian City Engineer prior to final plat signature
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 100-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations.
FP-03.057 Clo",brook &lJl'" Snh Fl'
EX-it,g"b I~+ 1(/9 Ct "-I CJr-~
Planning & Zoning CommissionlMayor & City Council
Hearing Date: October 28, 2003
Page 5
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 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.
6. Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be removed.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Clearbrook Estates Subdivision with the above
stated comments and conditions.
FP-03.Q57
Ed;b,"f- ~Ifr' aof~
ragt: 1 Ul .t.
Will Berg
~l C. 10-2% --0 3
From: Anna Powell [powella@meridiancity.orgJ
Sent: Tuesday, October 28,20033:58 PM
To: Will Berg
Subject: Department Report for Planning and
Will,
I will be making a department report tonight to update the Mayor and City Council on the Ada County hearing on
our Area of City Impact Agreement. Ada County has requested a letter from the Mayor and City Council regarding
two outstanding issues. I just completed a draft of the letter for the Mayor and Council to consider. Would you
please make copies for tonight's discussion?
Thank you, and sorry for the short notice,
Anna
Dear Ada County Commissioners, Planning and Zoning Commissioners, and Staff,
On October 23, 2003, the Ada County Planning Zoning Commission conducted a hearing on the Area of
City Impact Agreement for the City of Meridian. As part of the changes to the Area of City Impact
Agreement, the City of Meridian requested that Ada County adopt the City of Meridian Comprehensive
Plan dated July 2002 and the amendments contained in Resolution 03-401 as being applicable within the
Area of City Impact. Our Planning Director, Anna Powell, attended that hearing.
We, the Mayor and City Council of Meridian, Idaho, are pleased that the two planning staffs were able
to resolve many issues before the hearing. However, we understand that there are still two issues of
concern:
1) The first issue is in regard to item 4 of the Urban Services Policies in Resolution 03-401. That
item states, "Ada County will issue no building permit for said development(s) unless or until the
applicant for such building permit provides documentation that park impact fees required by the
City of Meridian have been collected or waived by the City of Meridian. A written agreement
between the City of Meridian and Ada County must be executed prior to said park impact fees
being collected;" The Ada County Staffhave requested a letter from the Mayor and City Council
stating that the City of Meridian will not expect Ada County to withhold building permits until
such time as there is a signed memorandum of understanding between the two jurisdictions.
Please accept this letter as verifying that statement.
2) The second issue is in regard to a definition for the term "rural areas" as noted in Chapter VII
Goal! Objective D of the Comprehensive Plan (page 103). When we adopted the
Comprehensive Plan, we intended for this section of policies to apply to areas that are outside the
City limits but inside the Area of Impact. This definition is stated in Action 5, but it is not stated
in the Objective. We will clarify this issue when we do our next text amendment to the,
Comprehensive Plan.
We hope this addresses your concerns. We look forward to the changes in our Area of City Impact
Agreement.
Sincerely,
10/28/2003
..--
,
yage L. 01 L.
10/28/2003
October 24, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Public Works Department
Department Reports
October 28, 2003
L{-A-I
ITEM NO.
REQUEST
Discussion of Prioritization of Transportation Task Force Committee Projects List:
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:
See Attached Memo
cfJ.i~
'UP
r. ~~ 1tn (YII
uUrr h~;O~ try
If. ~tJ
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
..,,~.
: '0imfof&1eriGJ'i@Gl'H?Wblic!', : ,"
'W,or~s, QeRf.. ' ':.' ',':" ,:" '.';' ~ ,,'
. ,~" , ., ~"<, ? } ~ ~. ~ >
Memo
lJE. D
.I\" H A 81,
"'i ~-+-,c1"j
OCT 2 1 2003
D
To: Mayor & Council
From: Gary D. Smith, PE
CC: file
Date: October 17, 2003
Re: City of Meridian - Transportation Task Force Committee
City Of Meridian
City Clerk Office
Attached is a tabular listing of the prioritization of transportotion projects for the City
of Meridian proper, and surrounding area, as prepared by your Transportation Task
Force Committee who met on September 1 A, 2003. At this meeting the Committee
reviewed last years prioritized listing and discussed revisions to the priorities and any
other projects the Committee felt needed to be included in the listing. . We had
good participation by members of the committee as you can see from the
attached sign-in sheet.
I would appreciate your action on this prioritized project listing at your October 28th
meeting with provision of any comments you may have to me for my submiltal of
the listing to ACHD by October 31.
Sincerely,
)1.
Gary D. s~
From the desk of...
Gary D. SrnIIh, PE
Public Works DIrector
Meridian POONc Works Department
660 E. wotertower Lane, Suite 200
Meridian, Idaho 83642
(208) 898-5500
Fcoc (208) 898-9551
. Page 1
(
City of Meridian TIP Requests Status
Updated 10/15/03
2005-2009 TIP/FYWP/STIP
Priority Ranking
current Last Yr TIP Request Agency Response/Comments
1 1 Locust Grove Overpass ACHD/ITD ACHD: project scheduled FY06 in 04-08 FYWP
(priority #4 of 112). ACHD, along with COMPASS
and ITD, have programmed construction funding
FY07 in STP-Urban program for Boise TMA. This
matches year of funding for ITD's Interstate
Maintenance portion of construction costs. ITD:
Draft Statewide Transportation Improvement
Program (STIP) has construction funding
programmed for FY07. Acceleration of project is
critical for traffic access from High School
Q 2 Rebuild of Franklin Road from Main ACHD ACHD: Project is scheduled for construction FY04
w (E 1st) to Eagle Road; concurrently in 04~08 FYWP (priority #9 of 112) -
:>
0 rebuild Nola (Locust Grove) from OUT TO BID
:; Pine to Franklin.
w
0::
2 3 Widen Meridian Road from Cherry ACHD ACHD: Project was prioritized as part of 04-08
Lane to Franklin Road to 5 lanes and FYWP (priorty #43 of 112), but is not programmed
preserve and support a gO-foot wide due to priority ranking and fiscal constraints.
right of way. Possible couplet has been discussed by the City
and ACHD, but no decision has been made.
Preserving 90-feet of right-or-way is not possible
due to the number of structures/dwellings within
that width. To Construct future 5 lane in most
efficient manner within present right of way.
Feasbility study to be done by ACHD as to how
this project can be accomplished.
3 New Sidewalk Project-Old Towne and
near schools.
4 4 Widen Linder Road from Franklin ACHD ACHD: Project is scheduled for construction in PO
north to Ustick (5 Lane) in 04-08 FYWP (priority #21 of 112).
5 5 Widen Ten Mile Road from Franklin ACHD ACHD: Franklin to Cherry portion of this project
to Ustick. scheduled for construction FY07 in 04-08 FYWP
(priorities #13 & 23 of 112). Cherry to Ustick
portion scheduled for construction FY08 in 04-08
FYWP (priority #26 of 112)
6 8 Rebuild of Pine Avenue from Nola to ACHD ACHD: Project will be evaluated once Pine is
Main Street w/curb, gutter and complete from Nola to Eagle. Project was
sidewalk. Stripe to 3 lanes. prioritized for 04-08 FYWP (prtority #79 of 112), but
was not programmed due to priority ranking, fiscal
constraints and development-driven portion of
project east of Nola
w 6 Intersection at Waltman Lane, ACHD ACHD: Proiect scheduled for construction FY04
:> Meridian Road, Main Street & Central in 04-08 FYWP. Design has been completed with
00
:; Drive revisions from public input at public information
w
0:: meetings.
Priority Ranking
-C-urrent Last Yr TIP Request Agency Response/Comments
7 7 Build Pine Avenue from Nola to Eagle ACHD ACHD: Roadway wil be completed as
Road. development occurs.
8 9 Rebuild of Locust Grove Road from ACHD ACHD: Projects were prioritized for 04-08 FYWP
Ustick to Chinden including (UsticklMcMillan priority #85 of 112;
intersection at Chinden . McMillanlChinden priority #78 of 112), but are-not
programmed due to priority ranking and fiscal
constraints.
9 New Rebuild Ustick Road from Locust ACHD
Grove to Eagle Road, including
intersection wi running right turn lane
at Eagle Road.
10 10 Extension of Corporate Drive from ACHD ACHD: Project is development driven.
Meridian Road to the Landing
SubdMsion and commercial
properties to the South.
11 11 Overlay to East 3rd from Franklin ACHD ACHD: The mainline crossing repairs have been
Road to Pine, including railroad completed and other tracks will be repaired this
crossing improvement. year. The overlay will be examined for FY05, when
the downtown Meridian area is scheduled in the
nine-year maintenance plan.
12 12 Construct a curvilinear connection of ACHD ACHD: Staff has examined intersection for
East 3rd to East 2 1/2 Street at potential curvilinear alignment. This project is
Carlton Ave. development driven. Staff has responded to City of
Meridian staff regarding local developer's questions
regarding this project.
13 13 Ten Mile 11-84 Interchange. ITD ITD: Developer is in discussions with ITD regarding
financing of the Ten Mile Interchange. The
interchange and related 1-84 costs (widening from
Ten Mile Road to Meridian Road and Meridian
Overpass reconstruction) are estimated at $20-28
million.
14 14 Interchange Beatufication of the ITO ITO: Project is not in program, but ITD typcally
Meridian Interchange and includes landscpaing projects to the extent that city
reconstruction of interchange is willing to agree to maintain them. See above for
potential Meridian Interchange project as it relates
to the proposal for the Ten Mile Interchange.
15 New Support Transit and Rail Corridor
Notes:
1. FYWP is ACHD's Five Year Work Program; STIP is ITO's Statewide Transportation Improvement Program; TIP is the
COMPASS Transportation Improvement Program.
2. ACHD priority rankings refer only to roadway projects.
Transportation Task Force -- Annual Meeting
Attendees
Gary Smith
Cherie McCandless
Eric Shannon
Sue Sullivan
Linda Ritter
Bruce Mills
Don Kosterec
Ali Bonakdar
Brad Hawkins-Clark
Malcohm MacCoy
Terry P. Smith
Rich Allison
David Zaremba
Keith Borup
Representing
Phone
City of Meridian- PW
City of Meridian-Council
Idaho Transportation Dept
Idaho Transportation Dept
Compass
ACHD
ACED
Compass
City of Meridian - PZ
City of Meridian - PZ
City of Meridian - Citizen
City of Meridian - Citizen
City of Meridian - PZ
City of Meridian - PZ
898-5500
888-4753
334-8303
334-8955
855-2558
387-6185
387-6234
855-2558
884-5533
887-7611
888-6801
888-3349
288-2935
884-1092
9/1 0/03